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HomeMy WebLinkAbout1979-318 ''''.. ' ~,~ .'~"'-:-:1''''' '.'I'; ~ ~~ ~';,:~: )-~'_~7~_':"'::')~:;":- ':'~~7.r~":-~""~~": "", ,,:::.~?t:"~:~~:.;if:' >~ _',.i';~:':":;<;~.'5_~-<,.~~~~\'fi.>~: ,- "-;i;";~:';;;;~~~'4-'::;.(_~;' -::,,~.::- c.; "'"/it ,,~;r,:' 1 RESOLUTION NO. 7'/'- ~/ P 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 RELATING TO DETENTION OF PRISONERS IN COUNTY JAIL FACILITIES. 4 BE IT RESOLVED BY THE 14AYOR AND CO~rnON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is 6 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement with the County of San Bernardino relating to 9 detention of prisoners in County Jail facilities, a copy of 10 which is attached hereto, marked Exhibit "A ,. and incorporated 11 herein by reference as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 ~ N ~.u day of ,~n..-* Councilmen ~ /;;;o/; \ 2J 1o,A" ~"',.~~ rl"j; ;dh_, ~-:Ad;;;IJ.u ~ Bernardino at a meeting thereof, held 15 on the t, , 1979, by the following 16 vote, to wit: 17 AYES: 18 19 NAYS: 20 ABSENT: ,/17 A1t.L/ 21 ~(/# ~i /' C~ty er 22 23 resolution is day 24 of , 1979. 25 26 27 ~p ~,. t: torney 28 ,- '. . ~ "'~~'" 0' .., ..,;,"'", STANDARD CONTRACT County Department SHERIFF County Department Contract Representative Budget Unit No. 401 Sub-Object No. 9643 o Renlwabl. rJ Torminates 2511 o.t., ,6~30~84 Job No. Amount 0 Contrect FRANK BLAND, SHERIFF Chet:k One [J EXlJenditure S.S.A. CI Revenue or Federal E mployef 10 # If contract has more th.n on. Plvment or receipt, complete the following. Number of payments' Mo nth 1 ~ Estim.ted amount of each: $ va, e s THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and hereafter called CITY OF SAN BERNARDINO CITY IT IS HEREBY AGREED AS FOLLOWS: (Use space below and reverse side of form if needed. Set forth service to be rendered, amount to be paid. manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WHEREAS, City and County desire to provide by contract for the detention of prisoners of the City of San Bernardino in County jail facl1i ties. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1. County shall provide, through the Sheriff of San Bernardino COunty (hereinafter referred to as .Sheriff") jail facilities for pris- oners arrested by police officers of City, within the corporate limits of City as they now exist, or as such limits may be modified by annex- ation or exclusion during the term of this agreement, and the terms and conditions as are hereinafter set out. II. by County The for (1 ) facilities of the County jail system shall be provided the services hereof, and such services shall include: The housing of prisoners arrested by City police officers for violations of City ordinances. The "booking" of such prisoners, including the following procedures: (a) The County jail staff will stamp all City arrest fingerprint cards so that a copy of reports by the 1\, , / '\,; .tJf1'fIIr\ nu,uyw <:'~"'13J'.. ' \ f"",,~ ()rr J . , I \. ." ' ~J:lrovisToi\5";..{the reverse side and referenced attachments hereof constitute a part of this contract and are incOrjmratlllf~;~ in full. 02-12311-101 (Long Form) Page 1 of ~ ....... . ""':"~' ,', ,'" :', ",~""""."^"" ~',. .nn~ Federal Bureau of Investigation and the Department or Justice will be sent to City police department: (b) County jail staff will attach a letter "CD marker to the face of the identification board when photographing a City prisoner so that the identif- ication division can identify that photograph as a City arrest. (c) The County jail staff will provide City police department with one color print of a photograph of each prisoner. A statement of charge for this ser- vice will be presented monthly and forwarded to City police department for payment. (d) If the subject has been photographed within the last six months, no photograph will be taken. If the subject has not been photographed within six months, a new photograph will be taken. (e) One fingerprint card will be furnished to City on City arrests. III. City will perform the following services and payments in con- sideration for County's services set forth hereinabove: (1) City will pay for the housing of prisoners arrested by City police for City ordinance violations, a charge of Twenty-one and 86/100 dollars ($21,86) per day for housing at the Sheriff's Central Jail and/or Glen Helen Rehabilitation Center. The charge for the first day will be made regardless of the hour "booked" and there will be a charge for the last day of confinement. The sum of $21.86 per day represents the current average daily cost to County for the maintenance and care of a prisoner. County shall have the right to renegotiate the said rate of $21.86 per day at the end of each fiscal year for the ensuing fiscal year, and said daily rate may be adjusted upward or downward to reflect the actual average daily cost for maintenance and care of a prisoner. ()*~ (2) City will pay to County a charge of Thirty-five ($.35) cents per photograph for each and every copy of an identification photograph supplied to City upon re- quest, including the one print automatically provided pursuant to the provision set forth hereinabove. (2e) (3) City police officers will provide the necessary infor- mation for "booking" prisoners in the County jail faci1i- ties. (4) City agrees to pay for the cost of any medical treatment given any prisoner arrested or held for violation of a Ci ty ordi nance. (5) City police department will take custody of all prison- ers for court detail, until the time that the prisoner must appear in the superior court. At the time a pris- oner must appear in the superior court, the Sheriff will provide custody. (6) City will pay to County for the services hereinabove set forth upon receipt of the statement of charges prepared monthly and forwarded to City Police department, and said payments will be made monthly. IV. The term of this agreement shall be for five (5) years, commencing July 1, 1979. This agreement may be terminated at any time with or without cause by City or by County upon written notice given to the other at least ninety (90) days before the date specified for such termination. Such termination shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue sub- sequent to the date of such termination. Neither party shall incur any liability to the other by reason of any termination. V . The standards of performance, the methods of performance, the discipline of officers, the control of personnel, the advancement and compensation of personnel, the determination of proper law enforcement practices and procedures, and all other matters incidental to the manner of performance of services of the Sheriff, hereof, shall be determined 'ja-S by the Sheriff in his sole discretion. VI. At all times during the term of this agreement, County shall provide, at its own expense, public liability and property damage in- I surance covering all personnel and equipment utilized by County in performance of this agreement. V I I. To facilitate the performance of services hereunder by County for City, City, its officers, agents and employees shall give their full cooperation and assistance within the scope of their respective duties and responsibilities as officers, agents and employ- ees of City. City shall hold County, its Sheriff, officers, and employees harmless from any and all liability for intentional acts or negligence on the part of the City, its officers and employees, arising out of the performance of this contract, including but not limited to false arrest, false imprisonment or detention, clerical error and/or assault and battery. County shall hold City, its officers and employees harmless from any and all liability for intentional acts or negligence on the part of the County, its Sheriff, officers and employees, arising out of the performance of this contract, including but not limited to assault and battery and clerical error while confined to the County of San Bernardino Jail. rPfS , Any and all notices required to be given hereunder shall be given in writing by registered or certified mail. postage prepaid. The addresses of the parties hereto until further notice are as follows: Ci ty: County: W. R. "Bob" Holcomb, Mayor City of San Bernardino 300 North "0" Street San Bernardino, CA 92401 Frank Bland, Sheriff County of San Bernardino P. O. Box 569 San Bernardino, CA 92403 III III III III III III III III III III III I, ANDREE DISHAROON, Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the fore- going instrument to be a full,' true and cor- rect copy of the original now on file in my office. Dated :AUG 2 8 1979 ANDREE DISHAROON ~Of the BJ! . ~U,,--' ?nOjA~ Deputy COUNTY OF SAN BERNARDINO ~ JZ"~4Y~~ C~man, Board 0 ervisors Dated AU" 2 0 t979 Ap}"'),ved ~ to legal form ~kJ J: (3/77 County Counsel CITY Title Mayor, City of San Bernardino 300 N. qoq Street San Bernardino, CA 92401 Address P'g. s- of 5" INTER-OFFICE DATE A",gust 14, 'J:97'J;1 IX ;';yf/o.."l ri? {f;.~:!./ BBRN,U{D M. BORESS, Administrator Law and Justice Agency PHONE M E lVl 0 $M7.if.~":::Wj! fSD n~;;r-~, -":::';'~'iJ ~ .1\ ~(J)lJNT. r # '~-\~S;:"I..B~P~''''RDI~O\ \ JII\~', \ I" / ~~r:??ll \", (',;:/ / '~~4G ~4 (p~~ County Administrative Officer Auditor-Controller Sheriff 2235 FROM TO BOARD OF SUPERVISORS cc: SUBJECT CO;{TR.'\CT \-nTH CITY OF SAN BEfu'lARDINO FOR USE OF JAIL FACILITIES BY PRISONERS ARRESTED FOR VIOLATION OF CITY ORDINANCES RECOr~ffiN~ATION: Approve a 5-year contract with the City of San Bernardino to reimburse the County approximately $22.00 per day for each prisoner arrested by City police officers for violation of City ordinances and booked into the County Jail. . BACKGROU~~ INFOP~~TION: State law allows the County to charge a city for prisoner housing when the prisoner is arrested by City officers for violating a City ordinance and booked into the County Jail. REASO:) FORREC~ffiNDATION: Tne City of San Bernardino has requested that a contra2t be agreed upon that includes jail services to be provided, charges to be made, and a hold harmless provision for both agencies. RE'VIE:.: =':~ OTHER DEPARTHE:~TS: The recorrunend~d contract l.]as initiated by the City, drawG up by the Sheriff's Department, reviewed by the Contract Compliance and Risk Management Units, approved as to form by the County Counsel's Office, and 3j,gn.:~d by the Hayor of San Bernardip..o. FI~ANCL\~ DATA: The costs and fully offsetting revenue to the County associ- ated ,dth this contract are unknovffi but ,<'ill not be significant. mfB/KEl.: db Attachr:-:t:nt AGP.EENf.NT NO] 9- 0 0 c/ cc: Sheriff Dept w/agree Contractor w/agree c/o Sheriff Auditor w/agree File -~._._"_.._._-_.~~- . r- b~-~\~';~::.\\;~iE[J BOARD Or- SUPEfNISORS I CGUNTY OF SAN BERNARDINO Dep.. MOTlON / ~",/' -LYl S 1 2 3 4 5 KO BY DATF.D:JUG 2 0 1979 I J '-:;/'1 "'"')f' I ~J.....,.