HomeMy WebLinkAboutC-5471 - Agreement for Prosecution ServicesAGREEMENT FOR PROSECUTION SERVICES
V l 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 lcorporate (hereinafter designated as "COUNTY "), and the City of
N "f+ W� 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:
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.
G
(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`h, 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)
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: �� I� 2013
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF BOARD
r g°
Susan Novak U
Clerk of the Board of Supervisors
Of Orange County, California
APPROVED AS TO FORM:
NICHOLAS S. CHRISOS, COUNTY COUNSEL
By `"
Dated:�Pe, � 2013
Dated:
4APP OV D AS TO FORM:
Ci o
MI
"COUNTY"
COUNTY OF ORANGE, a political
subdivision of he State of California
By �W
Chairman of the Board of Supervisors
"CITY"
CSN of new N& RAC"
A municipal corporation
By - - C_/ C__
Aaron C. Harp, Cit Attorney
ATTEST:
2013 II -
By , '
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City Clerk
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