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HomeMy WebLinkAboutC-2802 - Supplemental Law Enforcement ServicesIde CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 20, 1990 SUBJECT: Contract No. C -2802 Description of Contract Agreement for Supplemental Law Enforcement Services Effective date of Contract January 16, 1990 Authorized by Minute Action, approved on February 12, 1990 Contract with City of Laguna Beach Address 505 Forest Avenue Laguna Beach, CA.92651 Amount of Contract (See Agreement) " 6e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach s is •.:•� :';r• • •• « �:�...�, is January 31, 1990 TO: City Manager FROM: Chief of Police COUNCIL AGENDA NO. F-3 (6) a • r.• �a is ..• � a is v a • • «a is a�• «a. The iaguna Beach Police Department's jail facility will be undergoing remodeling and will be unavailable to receive prisoners for a period of approximately one (1) year, beginning February 1, 1990. Laguna Beach would like to house certain prisoners in the Newport Beach jail during that time. The necessary procedures to provide custody handling and processing of adult male prisoners have been developed by both departments. An agreement for the services was drafted by the City Attorney and signed by the Mayor of Iaguna Beach. The agreement is now being presented to the Mayor for execution. I AttadmTents 4-;PD A z - yrr -90 THIS AGREEMENT is made and entered into this 16 tk day of by and between the City of Laguna Beach, ereina ter referred to as "Laguna Beach" 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 enforcement services within their respective jurisdictions; and WHEREAS, the Laguna Beach Police Department's jail facility is undergoing remodeling and will be unavailable to receive prisoners for a period of approximately one (1) year; and WHEREAS, the City of Newport Beach has indicated that it is willing to provide custody handling and processing for adult male arrestees from the City of Laguna Beach; and WHEREAS, this Agreement is entered into pursuant to the provisions of Government Code Sections 55631 et sec., 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: ii X90 -/ The provision of custody, handling and processing for adult male arrestees. 2. The scope of services to be provided by Newport Beach pursuant to the terms of this Agreement shall be as follows: Custody. Handling and Processing for Arrestees Newport Beach shall provide booking, processing, housing and feeding of adult male arrestees. The City of Laguna Beach agrees to, as necessary and /or requested by the Newport Beach Watch Commander, identify and medically screen all prisoners prior to entry in the Newport Beach Jail. Laguna Beach agrees to furnish pre- stamped fingerprint cards which will be returned to Laguna Beach for processing along with the Custody and Identification Report prepared by Newport Beach personnel. Newport Beach shall not provide clerical time, other than that required for the completion and processing of the Custody and Identification Report and for its delivery to Laguna Beach. 3. The cost for the above services and the time of payment shall be as follows: Laguna Beach shall pay Newport Beach the sum of sixty -five dollars ($65.00) per day or portion thereof for each arrestee booked by Laguna Beach; Newport Beach shall bill Laguna Beach on a quarterly basis, based upon the number of days or portions thereof an arrestee(s) was housed by Laguna Beach at the Newport Beach Jail during the preceding quarter. 2 0 0 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 Laguna Beach 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. 6. 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 Laguna Beach, under or in connection with the work, authority or jurisdiction delegated to Laguna Beach under this Agreement. As provided under Government Code §895.4, Laguna Beach shall fully indemnify, defend and hold Newport Beach, its officers and employees, harmless from any liability imposed for damage to property or injury to or death of any person and from all claims or demands of any kind or nature occurring by reason of anything done or omitted to be done by Laguna Beach under or in connection with any work, authority or jurisdiction delegated to Laguna Beach under this Agreement. 7. The term of this Agreement shall be for twelve (12) months commencing February 1, 1990, and terminating January 31, 1991. 7 • 0 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. S. The duration of this Agreement may be extended for successive periods of two (2) months so long as the parties hereto mutually agree in writing with respect to each such extension at least thirty (30) 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 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 City of Laguna Beach Police Department. Such modification shall be stipulated in a letter signed by both Chiefs of Police. 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 covering the services performed and shall make same available to Laguna Beach upon request. 10. Laguna Beach agrees that all employees entering the Jail facility will abide by the applicable Jail policies and procedures as set forth by Newport Beach. Accordingly, the Newport Beach Watch Commander may refuse to accept a Laguna Beach arrestee into the Jail or request that 4 0 any such prisoner previously booked be removed from the Jail by Laguna Beach. 11. Laguna Beach shall provide transportation for each Laguna Beach arrestee to Court within the time period prescribed by Law, court decision or magistrate /judge's order. 12. Laguna Beach shall provide transportation for each Laguna Beach arrestee to Orange County Jail should such transportation be deemed necessary or appropriate by the Newport Beach Watch Commander. 13. Laguna Beach shall provide and be responsible for medical clearance prior to booking when deemed necessary or appropriate by the Newport Beach Watch Commander. 14. Laguna Beach shall retain responsibility for medical treatment for their arrestees when the onset of medical problems occur after booking. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF LAGUNA BEACH: CITY OF NEWPORT BEACH: i:: 3 , ,,, �,- iaz6� CITY- MANAGER MAYOR ATTEST: ITY CLERK DATE APPROVED ATTEST: rrmv r rou