The URL can be used to link to this page

Home My WebLink AboutC-8369-1 - Intergovernmental Service Agreement for the Detention at Huntington Beach Police Department of Detainees held in Custody by the Newport Beach Police Departmentti S5 s� INTERGOVERNMENTAL SERVICE AGREEMENT ("Agreement") BETWEEN THE CITY OF HUNTINGTON BEACH ("CITY") AND THE CITY OF NEWPORT BEACH ("AGENCY") FOR THE DETENTION AT HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE NEWPORT BEACH POLICE DEPARTMENT 1. TERM The term of this Agreement shall be for one (1) year and shall commence upon the execution of the Agreement. Unless CITY notifies AGENCY at least ninety (90) days before this Agreement expires, this Agreement shall automatically renew for another one (1) year period and continue for like period each year until cancelled by either party by providing written notice of termination to such other party at least thirty (30) calendar days prior to effective date of termination. AGENCY shall pay CITY for any outstanding fees incurred up to effective date of termination for which CITY has not already been previously paid. 2. COVERED SERVICES CITY agrees to the housekeeping, safekeeping, and subsistence of detainees of AGENCY in accordance with this Agreement. CITY shall bill AGENCY for the following fees: Each detainee: $150.00 For detainees held over 48 hours, an additional: $55.00 a day 3. SUPPORT AND MEDICAL SERVICES CITY agrees to accept and provide for the secure custody, care, and safekeeping of AGENCY's Detainees in accordance with state and local law standards, policies, procedures, and court orders applicable to the operation of CITY's facility. The types of detainees shall be: a) Adult b) Charged with a Felony or Misdemeanor Offense (per CPC 853.6) c) Able to walk and communicate without assistance d) Medically cleared for booking by a Licensed Physician, if the AGENCY is aware of or it is determined that there appears to be potential medical/mental health issues. CITY agrees to provide AGENCY's detainees with the same level of medical care and services provided to the CITY's inmates, including the transportation and security for detainees requiring removal from the facility for emergency medical or mental health services. All invoices for all costs associated with hospital and/or health care services provided to the AGENCY's detainees outside the CITY's Facility shall be submitted to AGENCY for direct payment by AGENCY to the service provider. CITY shall notify AGENCY, as soon as possible, of all emergency medical or mental health cases requiring removal of detainees from CITY's facility and to obtain prior authorization for removal for all other medical or mental health services required. If detainee requires hospitalization, AGENCY will provide security for detainee until subject can be released or placed in another facility. Persons injured or ill prior to arrival at the Huntington Beach City Jail must have been cleared through a licensed physician of AGENCY's choice. If the detainee requires further medical or mental health treatment due to injury, illness, or mental 2 health issues incurred prior to booking, AGENCY will be responsible for all required transport and treatment in association therewith. If AGENCY fails to respond and take custody of such detainees, AGENCY agrees to reimburse CITY for all costs incurred by City Costs will be based on the fully burdened hourly rate of involved personnel and materials. If this requires the use of overtime personnel, Agency will be billed at the fully burdened overtime rate for involved staff. All testing of blood, breath, and/or urine shall be the responsibility of the AGENCY. CITY reserves the right to deny acceptance of any detainee due to operational situation and/or medical or mental health concerns. 4. BOOKING AND COURT PACKAGES AGENCY officers will complete required booking packets prior to acceptance of detainee by CITY. AGENCY shall be responsible for all court packages and release documents 5. INDEMNIFICATION AND HOLD HARMLESS AGENCY shall protect, defend, indemnify, and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, cost (including without limitation costs and fees of litigation of every nature) arising from or in connection with performance of this Agreement or its failure to comply with any of its obligation contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 3 CITY shall protect, defend, indemnity, and hold harmless AGENCY, its officers, officials, and employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising from or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the AGENCY. 6. FINANCIAL PROVISIONS The billing address of AGENCY is: Chief of Police Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 7. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to AGENCY or to CITY, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid and depositing the same in the United States Mail addressed as following: TO CITY: Chief of Police City of Huntington Beach 2000 Main Street Huntington Beach,'CA 92648 8. PAYMENT TO AGENCY: Chief of Police City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA 92660 Payment by AGENCY to CITY shall be due by the thirtieth (30th) calendar day a 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. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 10. ENTIRETY The forgoing sets forth the entire Agreement between the parties. 11. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both CITY and AGENCY and approved as to form by the City Attorney. 12. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 13.COUNTERPARTS This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers^?2- 17 , 2017. CITY OF NEWPORT BEACH, a municipal corporation of the StateofCalifornia By: Title: GNIt FC -0" ,,Vc.W CE kilo,■ is M • - 1311- M • CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California P-4 Mayor #_/A City Clerk APPROVED AS INITIATED AND APPROVED: ,41 Police Chief