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HomeMy WebLinkAboutAGMT - Orange County (Prosecution Services)August 8, 2018 Yom} OFFICE OF THE N—JZAKI NI CHIEF ASSISTANT D.A. DISTRICT ATTORNEY ORANGE COUNTY, CALIFORNIA TONY RACKAU KAS CITY OF SEAL BEACH 211 Eight Street Seal Beach, CA 90740 -6379 Attn: Robin L. Roberts/ City Clerk 1������ -,� ; IU -' AH 13 2018 CITY CLERK CITY OF SEAL BEACI-i Re: Agreement for Prosecution Services by the Orange County District Attorney Dear Ms. Roberts: SCOTT ZIDBECK SENIOR ASSISTANT DA FELONY OPERATIONS IV TRACY MILLER SENIOR ASSISTANT O.A. FELONY OPERATIONS III EBRAHIM BAYTIEH SENIOR ASSISTANT DA FELONY OPERATIONS II KEITH BOGARDUS SENIOR ASSISTANT D FELONY OPERATIONS I HOWARD P. BUNDY SENIOR ASSISTANT D BRANCH COURT OPERATIONS PAUL M. WALTERS CHIEF BUREAU OF INVESTIGATION JENNY DAN DIRECTOR ADMINISTRATIVE SERVICES SUSAN KANG SCHROEDER CHIEF OF STAFF Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County's Auditor - Controller. This review was completed and resulted in new rates, which will become effective July 01, 2018. The rate changes are summarized below: Old Rate (Eff. 11/01/16) New Rate (Eff. 07/1/18) Referral (Paragraph 7a) $272.45 $258.15 Additional Prosecution (Paragraph 7b) $272.45 $258.15 Special Costs (Attorney 111) (Paragraph 7c) $168.88/hr. $158.15/hr. Special Costs (Clerical) (Paragraph 7c) $103.57 /hr. $100.00 /hr. Please attach a copy of this letter to your original Agreement for reference. if you have any questions, please contact Silvia Gliozheni of my staff at (714) 347 -8433. Sincerely, Glenn Robison, anager OCDA Financial Services G R/mp REPLY TO ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE Q MAIN OFFICE ❑ NORTH OFFICE ❑ WESTOFFICE 401 CIVIC CENTER OR W , 1275N. BERKELEYAVE. 814113' "STREET P.O. BOX BOB FULLERTON, CA 92032 WESTMINSTER OA 92683 SANTA ANA, CA 92901 (714) 7734480 (714) 896 -7261 (714) 634 -3600 WEB PAGE: htto:lloranaecount�da.OR ❑ HARBOR OFFICE ❑ JUVENILE OFFICE ❑ CENTRAL OFFICE 4601 JAMBOREE RD. 341 CITY DRIVE SOUTH 401 CIVIC CENTER DR. W NEWPORT BEACH. CA 92660 ORANGE, CA 92868 PO. BOX 808 (949) 476 -4650 (714) 93S7624 SANTA ANA, CA 92901 (714) 8343952 AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT FOR PROSECUTION SERVICES ( "AGREEMENT ") , made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA, a political subdivision of the State of California and a body politic and corporate (hereinafter designated as "COUNTY "), and the City of Seal Beach, a municipal corporation, located in the County of Orange (hereinafter designated as "CITY "). In consideration of the terms herein COUNTY and CITY agree as follows: 1. COUNTY, through its District Attorney (DA), shall render to CITY such services as may be required to prosecute criminal violations of CITY's ordinances by persons 18 years of age or older in courts. 2. COUNTY shall provide all staffing and supervision necessary to prosecute criminal violations of CITY ordinances as contemplated by this AGREEMENT. 3. The final authority for rendition of services, standards of performance, and other matters incident to the performance of prosecution services and the control of COUNTY personnel shall remain in COUNTY. The DA shall have the exclusive authority to file a criminal complaint and conduct the prosecution of any criminal violations of CITY ordinances. 4. CITY, its officers, agents, and employees are not liable for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services under this Agreement. CITY, its officer, agents, and employees are not liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of his or her employment. 5. COUNTY, its officers, agents, and employees are not liable for the acts or omissions of CITY, its officers, agents, or employees. 6. CITY and COUNTY shall hold each other harmless from liability for acts or omissions under this Agreement of the officers, agents, and employees of the other. 7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal ordinances by persons 18 years or older to the DA for a determination as to whether a criminal complaint should be filed. CITY shall pay COUNTY the sum of $258.15 for each referral, without regard to the issuance of a complaint. For the purposes of this AGREEMENT a "referral" means an occurrence constituting an alleged violation of one or more CITY ordinances by one person. CITY shall provide investigation materials, reports, copies of its ordinances, and additional records or information as requested by the DA. In cases where prosecution is authorized by the DA, the DA will draft and prepare the complaint. When "not guilty" pleas are entered on such complaints, the DA will prosecute such cases through trial without further charge, except as provided in Paragraph 7(c) herein. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services performed under this paragraph for prosecutions in excess of one day. (b) Additional Trial Prosecution. Trials on CITY citations and trials on CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried by the DA without the consent of the Assistant DA In charge of the branch service the judicial district in which CITY is located. The DA may determine that CITY ordinances of exclusively local concern should be prosecuted by the CITY attorney. Except as provide in Paragraph 7(c), CITY shall pay COUNTY $258.15 for each DA prosecution of a CITY citation or a CITY complaint not issued pursuant to Paragraph 7(a). For the purposes of this paragraph, "DA prosecution" means the DA's appearance in Court after witnesses are subpoenaed on the first setting for a defendant's trial. Where CITY asks the DA to request dismissal before subpoenas have been issued and the DA agrees to that request, no charge will be made. As prosecutor, the DA has the right to control the disposition of all complaints, trials, and appeals herein described in accordance with the duties of his office. CITY will provide investigation materials, reports, citations, copies of its ordinances, and additional records or information necessary for trial as requested by the DA. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services performed under this paragraph for prosecutions in excess of one day. (c) Appeals. CITY may request the DA to file, answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services performed under this paragraph. (d) The rates for services specified in this AGREEMENT shall be reviewed annually by COUNTY's Auditor - Controller and, if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30, and the change shall become effective the following July 1. 8. Within ten days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services performed under this AGREEMENT, and CITY shall pay COUNTY the amount charged within 20 days after receipt of such statement. Such statement shall consist of the number of referrals for complaints, additional trial prosecutions, and itemized appeals. If such payment is not received by COUNTY within 30 days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this AGREEMENT, CITY shall provide two copies of its municipal ordinances to the DA. CITY shall further provide the DA with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this AGREEMENT. 10. This AGREEMENT shall continue in full force and effect for a five -year period, commencing July 1, 2018, and terminating on June 30, 2023, provided that either party may terminate the AGREEMENT upon 30 days' written notice. CITY shall pay all compensation for services rendered under this AGREEMENT irrespective of the termination or expiration of this AGREEMENT. Termination of this AGREEMENT shall not affect the duties of the parties already initiated that extend beyond the termination of this AGREEMENT. IN WITNESS WHEREOF, COUNTY has caused this AGREEMENT to be executed by the Chairman of its Board of Supervisors and Attested by the Clerk of said Board, and CITY has caused this AGREEMENT to be executed by its Mayor and attested by the CITY Clerk on the dates set opposite their respective signatures. Dated: May 29, 2018 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF BOARD J =S�oj m Robin Stieler Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM LEON J. PAGE, COUNTY C NSEL By: Dated: // 12018 "COUNTY" COUNTY OF ORANGE, a political subdivision of the State of California By CL 07 Chairman of the Board of Supervisors ,,CITY, 0 A municipal corporation 4v1`w1?1X-_. Mike Varipapa, Mayor Dated: I 2018 9 Robin L. Roberts, City Cl rk Dated: fI 2018 AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT FOR PROSECUTION SERVICES ( "AGREEMENT ") , made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA, a political subdivision of the State of California and a body politic and corporate (hereinafter designated as "COUNTY "), and the City of Seal Beach, a California charter city located in the County of Orange (hereinafter designated as "CITY "). In consideration of the terms herein COUNTY and CITY agree as follows: 1. COUNTY, through its District Attorney (DA), shall render to CITY such services as may be required to prosecute criminal violations of CITY's ordinances by persons 18 years of age or older in courts. 2. COUNTY shall provide all staffing and supervision necessary to prosecute criminal violations of CITY ordinances as contemplated by this AGREEMENT. 3. The final authority for rendition of services, standards of performance, and other matters incident to the performance of prosecution services and the control of COUNTY personnel shall remain in COUNTY. The DA shall have the exclusive authority to file a criminal complaint and conduct the prosecution of any criminal violations of CITY ordinances. 4. CITY, its officers, agents, and employees are not liable for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services under this Agreement. CITY, its officer, agents, and employees are not liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of his or her employment. 5. COUNTY, its officers, agents, and employees are not liable for the acts or omissions of CITY, its officers, agents, or employees. 6. CITY and COUNTY shall hold each other harmless from liability for acts or omissions under this Agreement of the officers, agents, and employees of the other. 7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal ordinances by persons 18 years or older to the DA for a determination as to whether a criminal complaint should be filed. CITY shall pay COUNTY the sum of $258.15 for each referral, without regard to the issuance of a complaint. For the purposes of this AGREEMENT a "referral" means an occurrence constituting an alleged violation of one or more CITY ordinances by one person. CITY shall provide investigation materials, reports, copies of its ordinances, and additional records or information as requested by the DA. In cases where prosecution is authorized by the DA, the DA will draft and prepare the complaint. When "not guilty" pleas are entered on such complaints, the DA will prosecute such cases through trial without further charge, except as provided in Paragraph 7(c) herein. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services performed under this paragraph for prosecutions in excess of one day. (b) Additional Trial Prosecution. Trials on CITY citations and trials on CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried by the DA without the consent of the Assistant DA in charge of the branch service the judicial district in which CITY is located. The DA may determine that CITY ordinances of exclusively local concern should be prosecuted by the CITY attorney. Except as provide in Paragraph 7(c), CITY shall pay COUNTY $258.15 for each DA prosecution of a CITY citation or a CITY complaint not issued pursuant to Paragraph 7(a). For the purposes of this paragraph, "DA prosecution" means the DA's appearance in Court after witnesses are subpoenaed on the first setting for a defendant's trial. Where CITY asks the DA to request dismissal before subpoenas have been issued and the DA agrees to that request, no charge will be made. As prosecutor, the DA has the right to control the disposition of all complaints, trials, and appeals herein described in accordance with the duties of his office. CITY will provide investigation materials, reports, citations, copies of its ordinances, and additional records or information necessary for trial as requested by the DA. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services performed under this paragraph for prosecutions in excess of one day. (c) Appeals. CITY may request the DA to file, answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services performed under this paragraph. (d) The rates for services specified in this AGREEMENT shall be reviewed annually by COUNTY's Auditor - Controller and, if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30, and the change shall become effective the following July 1. 8. Within ten days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services performed under this AGREEMENT, and CITY shall pay COUNTY the amount charged within 20 days after receipt of such statement. Such statement shall consist of the number of referrals for complaints, additional trial prosecutions, and itemized appeals. If such payment is not received by COUNTY within 30 days after rendition of billing, COUNTY may satisfy such indebtedness from any funs of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this AGREEMENT, CITY shall provide two copies of its municipal ordinances to the DA. CITY shall further provide the DA with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this AGREEMENT. 10. This AGREEMENT shall continue in full force and effect for a five -year period, commencing July 1, 2018, and terminating on June 30, 2023, provided that either party may terminate the AGREEMENT upon 30 days' written notice. CITY shall pay all compensation for services rendered under this AGREEMENT irrespective of the termination or expiration of this AGREEMENT. Termination of this AGREEMENT shall not affect the duties of the parties already initiated that extend beyond the termination of this AGREEMENT. IN WITNESS WHEREOF, COUNTY has caused this AGREEMENT to be executed by the Chairman of its Board of Supervisors and Attested by the Clerk of said Board, and CITY has caused this AGREEMENT to be executed by its Mayor and attested by the CITY Clerk on the dates set opposite their respective signatures. Dated: May 29, 2018 "COUNTY" COUNTY OF ORANGE, a political subdivision of the State of California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE By CHAIRMAN OF BOARD Robin Stieler Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM LEON J. PAGE, COUNTY COUNSEL U2 Dated: 12018 Chairman of the Board of Supervisors "CITY" Sea I '�-�eq-ch A municipal corporation By: 4 V W� Mike Varipapa, aayyorr- Dated: 20 2018 Robin L. Roberts, October 18, 2016 OFFICE OF THE DISTRICT ATTORNEY ORANGE COUNTY CALIFORNIA TONY RACKAUCKAS, DISTRICT ATTORNEY CITY OF SEAL BEACH 211 Eight Street Seal Beach, CA 90740 -6379 Attn. Linda Devine /City Clerk OCT 24 2016 CITY CLERK CITY OF SEAL BEACH JIM TANIZAKI SENIOR ASSISTANT D.A. VERTICAL PROSECUTIONS/ VIOLENT CRIMES JAIME COULTER SENIOR ASSISTANT D.A. BRANCH COURT OPERATIONS JOSEPH WAGOSTINO SENIOR ASSISTANT D.A. GENERAL FELONIES/ ECONOMIC CRIMES MICHAEL LUBINSKI SENIOR ASSISTANT D.A SPECIAL PROJECTS CRAIG HUNTER CHIEF BUREAU OF INVESTIGATION LISA BOMAN • JOHNSTON DIRECTOR ADMINISTRATIVE SERVICES SUSAN RANG SCHROEDER CHIEF OF STAFF RE: AGREEMENT FOR PROSECUTION SERVICES BY THE ORANGE COUNTY DISTRICT ATTORNEY Dear Ms. Devine: Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County's Auditor - Controller. This review was completed and resulted in new rates, which will become effective November 01, 2016. The rate changes are summarized below: OLD RATE NEW RATE (Eff.09/01/15) (Eff.11/01/16) Referral (Paragraph 7a) $259.00 $272.45 Additional Prosecution (Paragraph 7b) $259.00 $272.45 Special Costs (Attorney III) (Paragraph 7c) $164.00/hr. $168.88/hr. Special Costs ( Clerical) (Paragraph 7c) $95.00 /hr. $103.57/hr. Please attach a copy of this letter to your original Agreement for reference. If you have any questions, please contact Myriam Puiggros of my staff at (714) 347 -8433. Sincerely, Kim Dinh, Manager OCDA Financial Services KD/mp REPLY TO ORANGE COUNTY DISTRICT ATTORNEYS OFFICE WEB PAGE: OmnaIn ❑O MAIN OFFICE ❑NORTH OFFICE ❑ WESTOFFICE ❑ SOUTH OFFICE ❑ HARBOR OFFICE ❑ JUVENILE OFFICE ❑ CENTRALCFFICE 401 CIVIC CENTER DR W 1275 N. BERKELEY AVE. 814113' STREET 30143 CROWN VALLEY PKWY, 4601 JAMBOREE RD. 341 CITY DRIVE SOUTH 401 CIVIC CENTER OR .W P.O. BOX 808 FULLERTON, CA 92531 WESTMINSTER, CA 92883 LAGUNA NIGUEL. CA 92877 NEWPORT BEACH, CA 92880 ORANGE, CA 92888 P.O. BOX 8W SANTA ANA, CA 92701 (714), 773 -4480 (714) 895­7251 (949) 2495026 (949) 4784850 (714) 9357824 SANTA ANA, CA 92701 (7141SU-M 0 (714) 834 -3952 August 11, 2015 OFFICE OF THE DISTRICT ATTORNEY ORANGE COUNTY, CALIFORNIA TONY RACKAUCKAS, DISTRICT ATTORNEY. . CITY OF SEAL BEACH 211 Eight Street Seal Beach, CA 90740 -6379 Attn. Linda Devine /City Clerk Lru L �® AUG 2 7 2015 CITY CLERK CITY OF SEAL BEACH —REi- AGREEMENT - FOR - PROSECUTION -SERVICES -BY" T HE ORANG Dear Ms. Devine: JIM TANIZAKI SENIOR ASSISTANT D.A. VERTICAL PROSECUTIONS/ VIOLENT CRIMES JAIME COULTER SENIOR ASSISTANT D.A. BRANCH COURT OPERATIONS JOSEPH WAGOSTINO SENIOR ASSISTANT D.A.' I GENERAL FELONIES /, 'ECONOMIC CRIMES.; .. MICHAEL LUBINSKI SENIOR ASSISTANT,D.A. . SPECIAL PROJECTS, CRAIG HUNTER.: ^, CHIEF j BUREAU OF INVESTIGATION LISA BOHAN - JOHNSTON DIRECTOR ADMINISTRATIVE SERVICES SUSAN KANG SCHROEDER CHIEF OF STAFF Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County's Auditor - Controller. This review was completed and resulted in new rates, which will become effective September 01, 2015. The rate changes are summarized below: OLD RATE NEW RATE (Eff. 07/01 /141 (Eff: 09%01 /.1'5) '. Referal.,(F'arag`raph 7a) _ - $263.00 $259:00 Additional'Prosecution. (Paragraph 7b) $263.00 $259:00 Special Costs (Attorney III) (Paragraph 7c) $165.00/hr. $164.00/hr. Special Costs ( Clerical) (Paragraph 7c) $98.00 /hr. $95.00 /hr. Please attach a copy of this letter to your original Agreement for reference. If you have any questions, _please contact Hortencia Chaidez of my_ staff at (714) 347 -8433. _ Sincerely, Kim Dinh, Manager OCDA Financial Services KD /sm REPLY TO: ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE WEB PAGE: www.6ronaeCountyDA.com ❑X MAIN OFFICE ❑ NORTH OFFICE ❑ WEST OFFICE ❑ SOUTH OFFICE ❑ HARBOR OFFICE ❑ JUVENILE OFFICE ❑ CENTRAL OFFICE 401 CIVIC CENTER DR W 1275 N. BERKELEY AVE. 8141 13'" STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE RD. 341 CITY DRIVE SOUTH 401 CIVIC CENTER DR. W P.O. BOX 808 FULLERTON, CA 92631 WESTMINSTER, CA 92683 LAGUNA NIGUEL, CA 92677 NEWPORT BEACH, CA 92660 ORANGE, CA 92668 P.O. BOX 808 SANTA ANA, CA 92701 (714) 773 - 4460 (714) 896 -7281 (949) 249 -5026 (949) 4764650 (714) 935.7624 SANTA ANA, CA 92701 (714) 834 -3600 (714) 834 -3952 June 28, 2013 OFFICE OF THE DISTRICT ATTORNEY TONY RACKAUCKAS, DISTRICT A CITY OF SEAL BEACH 211 Eighth Street Seal Beach, CA 90740 -6379 Attn: Office of the City Clerk EIVED JUL 10 2013 CITY CLERK CITY OF SEAL BEACH JIM TANIZAKI SENIORASSISTANT DA VERTICAL PROSECUTIONS/ VIOLENT CRIMES MARY ANNE MCCAULEY SENIOR ASSISTANT D A. BRANCH COURT OPERATIONS JOSEPH WAGOSTINO SENIOR ASSISTANT D.A. GENERAL FELONIES/ ECONOMIC CRIMES MICHAEL LUBINSKI SENIOR ASSISTANT DA SPECIAL PROJECTS JEFF MCLAUGHLIN CHIEF BUREAU OF INVESTIGATION LISA BOHAN - JOHNSTON DIRECTOR ADMINISTRATIVE SERVICES SUSAN ICANG SCHROEDER CHIEF OF STAFF RE: AGREEMENT FOR PROSECUTION SERVICES BY THE ORANGE COUNTY DISTRICT ATTORNEY To Whom It May Concern: Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County's Auditor - Controller. This review was completed and resulted in new rates, which will become effective July 01, 2013. The rate changes are summarized below: Please attach a copy of this letter to your original Agreement for reference. If you have any questions, please contact Sahar Mattaous of my staff at (714) 347 -8433. Sincerely, Kim Dinh, Manager OCDA Financial Services KD /sm REPLY TO ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE OLD RATE NEW RATE WEB PAGE: (Eff.07/01/12) (Eff.07/01/13) Referral (Paragraph 7a) $234.00 $246.00 Additional Prosecution (Paragraph 7b) $234.00 $246.00 Special Costs (Attorney III) (Paragraph 7c) $150.00 /hr. $157.00 /hr. Special Costs ( Clerical) (Paragraph 7c) $84.00 /hr. $89.00 /hr. Please attach a copy of this letter to your original Agreement for reference. If you have any questions, please contact Sahar Mattaous of my staff at (714) 347 -8433. Sincerely, Kim Dinh, Manager OCDA Financial Services KD /sm REPLY TO ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE WEB PAGE: .ew OranoeCOVnNDA com I] MAIN OFFICE ❑ NORTH OFFICE ❑ WEST OFFICE ❑ HARBOR OFFICE ❑ JUVENILE OFFICE ❑ CENTRAL OFFICE 401 CIVIC CENTER OR W 1275 N. BERKELEY AVE. 814113'"STREET 4691 JAMBOREE RD. U1 CITY DRIVE SOUTH 401 CIVIC CENTER DR .W P.O. BOX 808 FULLERTON, CA 92631 WESTMINSTER, CA 92683 NEWPORT BEACH, CA 93660 ORANGE. CA 92668 P 0. BOX 808 SANTA ANA. OA 92701 (714) 773-4480 (714)896 -7261 (949)QS4850 (714) 9357824 SANTA ANA, OA 92701 (714) 8343600 (714) 834 -3952 AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA, a political subdivision of the State of California and a body politic and corporate (hereinafter designated as "COUNTY "), and the City of Seal Beach a municipal corporation, located in the County of Orange (hereinafter designated as "CITY "). WITNESSETH In consideration of the terms, covenants, conditions, and promises to be kept, performed and observed by the parties, hereto, it is agreed as follows: 1. COUNTY, through its District Attorney and deputies, officers and employees of his department, shall render to CITY such services as may be required to prosecute violations of CITY's ordinances by persons 18 years of age or older in the courts. 2. For the purpose of performing said functions, COUNTY shall provide all staffing and supervision necessary to maintain the services to be rendered hereunder. 3. The final authority for rendition of services, standards of performance, and other matters incident to the performance of such services and the control of COUNTY personnel shall remain in COUNTY. The District Attorney shall have the sole exclusive authority to determine whether a criminal complaint shall be filed and the conduct of legal proceedings with respect to any suspected violations of the CITY criminal ordinances and with respect to any additional prosecutions handled by the District Attorney for CITY. 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any COUNTY personnel performing services hereunder or any liability other than that provided for by this Agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of his employment. 5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence of CITY or any of its officers or employees; and CITY shall hold COUNTY, its officers and employees harmless from any and all claims for damages resulting therefrom. 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions of the other. 7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal ordinances by persons 18 years of age or older to the District Attorney for a determination as to whether a criminal complaint should be filed. CITY agrees to pay COUNTY the sum of two hundred thirty four dollars ($234.00) for each referral, without regard to the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an alleged violation of one or more CITY ordinances by one person. CITY will provide investigation, reports, copies of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecution is authorized by the District Attorney, the District Attorney will draft and prepare the complaint. When "not guilty" pleas are entered on such complaints, the District Attorney will prosecute such cases through trial without further charge, except as provided in Paragraph 7(c) herein. (b) Additional Prosecution. Trials on CITY citations and trials on CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried by the District Attorney without the consent of the Assistant District Attorney in charge of the branch serving the judicial district in which CITY is located. The District Attorney has the right to determine that special ordinances of exclusively local concern should be prosecuted by the city attorney. Except as provided in Paragraph 7 (c) below, CITY agrees to pay COUNTY two hundred thirty four dollars ($234.00) for each prosecution of a CITY citation and each prosecution of a CITY complaint not issued pursuant to Paragraph 7(a). As used herein, ,.prosecution "means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for one Defendant's trial. Where CITY asks the District Attorney to request dismissal before subpoenas have been issued, no charge will be made. As prosecutor, the District Attorney has the right to control the disposition of all complaints, trials, and appeals herein described in accordance with the duties of his office. CITY will provide investigation, reports, citations, copies of its ordinances, and additional evidence necessary for trial as requested by the District Attorney. 2 (c) Special Costs. CITY may request the District Attorney to file, answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY agrees to pay COUNTY for such services on appeals the sum of one hundred fifty dollars ($150.00) per hour of attorney time and eighty four dollars ($84.00) per hour of clerical support's time. In addition to charges described in paragraphs 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time, including preparation spent in prosecutions in excess of one day, at the rate specified in this paragraph. (d) The above rates shall be reviewed annually by COUNTY's Auditor- Controller and, if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30' ", and the change shall become effective the following July 1s' 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services performed under this Agreement, and CITY shall pay COUNTY therefore within twenty (20) days after receipt of such statement. Such statement shall consist of the number of referrals for complaints, additional prosecution, and itemized special costs. If such payment is not received by COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal ordinances to the District Attorney. CITY will further provide the District Attorney with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this Agreement. 10. This Agreement shall continue in full force and effect for a five -year period, commencing July 1 2013 and terminating on June 30 2018 , provided that either party may terminate upon thirty (30) days' written notice. All compensation for services rendered shall be paid regardless of termination or expiration of this Agreement. Termination of this Agreement shall not affect the duties of the parties already initiated that extend beyond the termination of this Agreement. 3 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors and Attested by the Clerk of said Board, and CITY has caused this Agreement to be executed by its Mayor and attested by the City Clerk on the dates set opposite their respective signatures. Dated: ZNK -f-- r5�7t�— 2013 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF BOARD Susan Novak Clerk of the Board of Supery sc Of Orange County, California APPROVED AS TO FORM: "COUNTY" COUNTY OF ORANGE, a political subdivision of the State of California By Chairman of the Board of Supervisors NICHOLAS S. CHRISOS, COUNTY COUNSEL By /Y Dated: &e-, / '7 ,2013 Dated: "CITY" SEAL BEACH A municipal corporation ATTEST: 2013 By City Clerk AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA, a political subdivision of the State of.California and a body politic . and corporate (hereinafter designated as "COUNTY ", and the City of SEAL BEACH , a municipal corporation, located in the County of Orange (hereinafter designated as "CITY "). WITNESSETH In consideration of the terms, covenants, conditions, and promises to be kept, performed and observed by the parties, hereto, it is agreed as follows: 1. COUNTY, through its District Attorney and deputies, officers and employees of his department, shall render to CITY such services as may be required to prosecute violation of CITY's ordinances in the courts. 2. For the purpose of performing said functions, COUNTY shall provide all staffing and supervision necessary to maintain the services to be rendered hereunder. 3. The final authority for rendition of services, standards of performance, and other matters incident to the performance of such services and the control of COUNTY personnel shall remain in COUNTY. The District Attorney shall have the sole exclusive authority to determine whether a criminal complaint shall be filed and the conduct of legal proceedings with respect to any suspected violations of the CITY criminal ordinances and with respect to any additional prosecutions handled by the District Attorney for CITY. 4.- CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any COUNTY personnel performing services- hereunder or any liability other than that provided for by this Agreement. Except as herein otherwise specified, CITY shall not be liable-for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of his employment. 5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence of CITY or any of its officers or employees; and CITY 0 41 shall hold COUNTY, its officers and employees harmless from any and all claims for damages resulting therefrom. 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions of the other. 7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal ordinances to the District Attorney for a determination as to whether a criminal complaint should be filed. CITY agrees to pay COUNTY the sum of two hundred two dollars ($202.00) for each referral, without regard to the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an alleged violation of one or more CITY ordinances by one person. CITY will provide investigation, reports, copies of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecution is authorized by the District Attorney, the District Attorney will draft and prepare the complaint. When "not guilty" pleas are entered on such complaints, the District Attorney will prosecute such cases through trial without further charge, except as provided in Paragragh 7(c) herein. (b). Additional Prosecution. The District Attorney will prosecute CITY citations for animal control violations with no charge to CITY. Trials on other CITY citations and trials on CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried by the District Attorney without the consent of the Assistant District Attorney in charge of the branch serving the judicial district in which CITY is located. The District Attorney has the right to determine that special ordinances of exclusively local concern should be prosecuted by the city attorney. Except as provided in Paragraph 7 (c) below, CITY agrees to pay COUNTY two hundred two dollars ($202.00) for each prosecution of a CITY citation ( other than animal control violations) and each prosecution of a CITY complaint not issued pursuant 2 to Paragraph 7(a). As used herein, "prosecution "means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for one Defendant's trial. Where CITY asks the District Attorney to request dismissal before subpoenas have been issued, no charge will be made. As prosecutor, the District Attorney has the right to control the disposition of all complaints, trials, and appeals herein described in accordance with the duties of his office. CITY will provide investigation, reports, citations, copies of its ordinances, and additional evidence necessary for trial as requested by the District Attorney. (c) Special Costs. CITY may request the District Attorney to file, answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY agrees to pay COUNTY for such services on appeals the sum of one hundred twenty seven dollars ($127.00) per hour of attorney time and seventy six dollars ($76.00) per hour of clerical support's time. In addition to charges described in paragraphs 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time, including preparation spent in prosecutions in excess of one day, at the rate specified in this paragraph. (d) The above rates shall be reviewed annually by COUNTY's Auditor- Controller and, if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30th, and the change shall become effective the following July 1St 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services performed under this Agreement, and CITY shall pay COUNTY therefore within twenty (20) days after receipt of such statement. Such statement shall consist of the number of referrals for complaints, additional prosecution, and itemized special costs. If such payment is not received by COUNTY within thirty (30) 3 days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal ordinances to the District Attorney. CITY will further provide the District Attorney with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this Agreement. 10. This Agreement shall continue in full force and effect for a five -year period, commencing July 1, 2008 and terminating on June 30, 2013 , provided that either party may terminate upon thirty (30) days' written notice. All compensation for services rendered shall be paid regardless of termination or expiration of this Agreement. Termination of this Agreement shall not affect the duties of the parties already initiated that extend beyond the termination of this Agreement. 4 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors and Attested by the Clerk of said Board, and CITY has caused this Agreement to be executed by its Mayor and attested by the City Clerk on the dates set opposite their respective signatures. Dated: �1 [a b , 2008 "COUNTY" COUNTY OF ORANGE, a political subdivision of the.State of California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS By = — � 1 BEEN DELIVERED TO THE Chairman of the Board of Supervisors CHAIRMAN OF BOARD p P O m DARLENE J. B OM Clerk of the Boar f Supervisors Of Orange County, California APPROVED AS TO FORM: BENJAMIN P. DE MAYO, COUNTY COUNSEL By 1��Igufjz Dated: Mi Dated: , 2008 E "CITY" City of Seal Beach A municipal corporation AJaPX City Manager ATTEST: 1 By City Clerk