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HomeMy WebLinkAboutC-1826 - Supplemental Law Enforcement ServicesCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE 1=3g 21� 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1826 Description of Contract spool =nt4l Law Raiorement Authorized by Resolution No. 8787 , adopted on JIM 14, 1976' Effective date of Contract 4 -27 -76 Contract with IA" Cit7 of Irvine Address V 0. Hoz DZ Amount of Contract City Clerk 0 CITY OF NEWPORT BEACH CALIFORNIA June 23, 1976 City of Irvine Irvine 'Town Center 4201 Campus Drive P.0. Box DZ Twine, CA 92664 Attenti3n: Carol J. Flynn City Clerk Enclosed are two copies of the Agreement For Supplemental Law Enforcement Services (Newport Beach) mtich has been fully executed. Shia agreement was authorized by the Council at its meeting of June lv by the adoption ci Resolution No. 3737. t A certifiad Cop 01, Resolution No, 3737 i2 also enclosed. Doris George City Clerk Enclosures cc: Newport 'Beach Police Department AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES (NEWPORT BEACH) THIS AGREEMENT is made and entered into this 27th day of April, 1976, by and between the CITY OF IRVINE, hereinafter referred to as "IRVINE ", and the CITY OF NEWPORT BEACH, hereinafter referred to as "NEWPORT BEACH ", both of whom are municipal corporations in the County of Orange, State of California. WHEREAS, the parties hereto have the common power to perform law enforce- ment services within their prospective jurisdictions; and WHEREAS, the Judges of the Orange County Harbor Municipal Court have recommended that IRVINE utilize local custody holding facilities within its jurisdiction for the ease of locating and handling individuals in custody; and WHEREAS, the City Jail of the City of Newport Beach has provided satisfactory temporary holding facilities to the City of Irvine in the past; and WHEREAS, the City of NEWPORT BEACH has indicated that it is willing to continue to provide custody handling and processing for all or any part of the arrestees from the City of IRVINE at the Harbor Municipal Court; and WHEREAS, this Agreement is entered into pursuant to the provisions of Government Code Sections 55631 et sec., the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., and any and all other applicable authority. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties hereto agree as follows: 1. This Agreement is for the purpose of performance by NEWPORT BEACH of the following supplemental law enforcement service: (a) The provision of custody, handling and processing for arrestees. 2. The scope of services to be provided by NEWPORT BEACH pursuant to the terms of this Agreement shall be as follows: (a) Custody, Handling and Processing for Arrestees: NEWPORT BEACH shall provide booking, processing, housing, feeding and transportation to the Orange County Harbor Municipal Court for arraignment, any male or female adult, including any necessary photographs, fingerprint • cards, supplies, clerical support, supervision and transportation. In this regard, IRVINE agrees to furnish prestamped fingerprint cards which will be returned to IRVINE for processing, together with the custody report prepared by NEWPORT BEACH. IRVINE shall furnish all necessary forms and shall have the right to approve same. NEWPORT BEACH shall not provide clerical time, other than that required for the completion and processing of the custody report and for its delivery to IRVINE. 3. The cost for the above services and the time of payment shall be as follows: (a) Custody, Handling and Processing for Arrestees: IRVINE shall pay NEWPORT BEACH the sum of Twenty -six and 31/100 ($26.31) Dollars for each booking requested by IRVINE. NEWPORT BEACH shall bill IRVINE on a quarterly basis, based upon the number of bookings performed by NEWPORT BEACH for IRVINE during the preceding quarter. 4. Persons employed by NEWPORT BEACH in the performance of services and functions pursuant to the terms of this Agreement shall have no claim to pension, civil service or other employee rights granted by IRVINE to its officers and employees. Final authority for the rendition of service, standards of performance, discipline of officers and other matters incident to the performance of such services by NEWPORT BEACH shall remain in NEWPORT BEACH. 5. Any and all property utilized by NEWPORT BEACH in the performance of services pursuant to the terms of this Agreement shall remain in NEWPORT BEACH without any division or distribution thereof upon termination of this Agreement. Property furnished to NEWPORT BEACH by IRVINE pursuant to the terms of this Agreement shall be and at all times remain the property of IRVINE without any division or distribution thereof upon termination of this Agreement. 6. It is mutually understood and agreed: (a) That neither IRVINE nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by NEWPORT BEACH, under or in connection with the work, authority or jurisdiction delegated to NEWPORT BEACH under this Agreement. It -2- • • is also understood and agreed that pursuant to Government Code Section 895.4, NEWPORT BEACH shall fully indemnify and hold IRVINE harmless from any liabil- ity imposed for injuries (as defined by Government Code Section 810.8) occurr- ing by reason of anything done or omitted to be done by NEWPORT BEACH under or in connection with any work, authority or jurisdiction delegated to NEWPORT BEACH under this Agreement. (b) That neither NEWPORT BEACH nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by IRVINE, under or in connection with the work, authority or jurisdiction delegated to IRVINE under this Agreement. It is also under- stood and agreed that pursuant to Government Code Section 895.4, IRVINE shall fully indemnify and hold NEWPORT BEACH harmless from anything done or omitted to be done by IRVINE under or in connection with any work, authority or juris- diction delegated to IRVINE under this Agreement. 7. The term of this Agreement shall be for one (1) year commencing July 1, 1976, and terminating June 30, 1977. This Agreement may be terminated by either party by giving ninety (90) days prior notice of termination in writing to the Chief of Police of the other party. 8. The duration of this Agreement may be extended for successive periods of twelve (12) months so long as the parties hereto mutually agree in writing with respect to each such extension at least ninety (90) calendar days prior to the date on which the Agreement or an extension thereof would otherwise have been terminated. The terms and conditions of the Agreement as so extended shall be as set forth herein except that modifications of not more than ten percent (10 %) in the designated compensation may be effective for the period of any extension by mutual consent of the City of NEWPORT BEACH Police Department and the Director of Public Safety of the City of IRVINE. 9. NEWPORT BEACH is hereby designated as the party responsible for the administration of this Agreement by and through its Chief of Police. The Chief of Police shall keep reasonable itemized and detailed work or job records cover- ing the services performed and shall make same available to IRVINE upon request. -3- 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF IRVINE, A Municipal Corporation CHAIRMAN OF'THE CITY COUNCIL OF THE CITY OF IRVINE ATTEST: �,� � CITY C &anz:- CLERK, CITY OF I INE -4- CITY OF NEWPORT BEACH A Municipal Corporation MAYOR, CITY OF NEWPORT BEACH ATTEST: CITY CLERK, CITY OF NOMORT BEACH APPROVED AS TO FORM: CITY ATTORNEY, CITY OF NEWPORT BEACH 20 -1 -300 RESOLUTION NO. 3787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF IRVINE IN CONNECTION WITH SUPPLEMENTAL LAW ENFORCEMENT SERVICES WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the City of Irvine in connection with supplemental law enforcement services; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: er ADOPTED this 14th day of June , 1976. Mayor DDO /bc 6/2/76