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Resolution No. 2012-077RESOLUTION NO. 2012-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF HUNTINGTON PARK FOR INMATE HOUSING WHEREAS, since 1978, the City of Vernon Police Department (the "Department") has maintained and operated its own Type I Jail facility; and WHEREAS, due to budgetary constraints, jail staffing levels have been reduced significantly; and WHEREAS, the Department has struggled to maintain sufficient jail staff to operate the facility efficiently; and WHEREAS, the Department requires the services of the City of Huntington Park ("Huntington Park") to outsource the booking and housing of individuals arrested for felony and some misdemeanor violations; and WHEREAS, by memo dated May 2, 2012, the Interim Chief of Police has recommended the City enter into an agreement with Huntington Park setting forth the terms and conditions under which Huntington Park will provide inmate housing in the Huntington Park Police Department jail facility for pre -arraignment arrestees (the "Agreement"); and WHEREAS, the City Council of the City of Vernon has determined that it is in the public interest and necessity to enter into the Agreement with Huntington Park to facilitate the services required by the Cityi NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Inmate Housing Agreement, in substantially the form attached hereto as Exhibit A, and authorizes the City Administrator, or his designee, to make minor modifications to the Agreement if requested by the City of Huntington Park and approved by the Chief Deputy City Attorney. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon as attached in Exhibit A, or alternatively, to execute a modified Agreement if the changes negotiated with the City of Huntington Park are approved by the Chief Deputy City Attorney, and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to the City of Huntington Park. - 2 - SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City APPROVED AND ADOPTED this 15 th day of May, 2012. Name: William J.Davis Title: Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-77, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 15, 2012, and thereafter was duly signed by the Mayor or. Mayor Pro-Tem of the City of Vernon. Executed this 2�1 day,of May, 2012, at Vernon, California. (SEAL) - 4 - EXHIBIT A HUNTINGTON PARK POLICE DEPARTMENT JAIL SECTION AGREEMENT FOR INMATE HOUSING AN AGREEMENT BETWEEN THE CITY OF HUNTINGTON PARK AND THE CITY OF VERNON (the "arresting agency") FOR HOUSING OF PRE -ARRAIGNMENT ARRESTEES. The Huntington Park Police Department agrees to house pre -arraignment arrestees of the City of Vernon Police Department in the Huntington Park Police Department Jail facility (Huntington Park City Jail) for prisoner housing and prisoner maintenance fee. The housing fee is as follows: Felony Bookings: The cost for felony arrestees is $167.75 per booking for a 48-72 hour period. The cost includes all jail monitoring, laundry, supplies, meals, and DNA sampling. Note: An additional cost of $60.00 may be applied should there be a need to house an arrestee for an additional day beyond the 72- hours. Misdemeanor Bookings: The cost for misdemeanor arrestees is $107.25 per booking for a 48-hour period The cost includes all jail monitoring, laundry, supplies, and meals. Juvenile Detainments: The cost for processing juveniles is $50.25. The cost does not include visual observance. The arresting agency will be required to monitorjuveniles until released to the designated Juvenile Hall Facility or released to parents and/or legal guardian. While the above fees per booking take into account the majority of all relatedjail services costs, it does not take into account the cost of the Los Angeles County Sheriff s Department booking fee of $49.81 per arrestee should there be a need to transfer the arrestee to the LA County Jail for booking. The arresting agency will be responsible to transport the arrestee to LA County Jail if the need arises. The fees set forth shall be adjusted annually on July I of each year in accordance with the increase in the Consumer Price Index, without any further action by the City of Vernon or the City of Huntington Park. For purposes of this Agreement, "Consumer Price Index" means the revised consumer price index for All Urban Consumers, Los Angeles -Long Beach -Anaheim, 1967 = 100, as prepared by the Bureau of Labor Statistics of the United States Department of Labor, or if any such agency shall cease to prepare such an index, then any comparable index covering the Los Angeles and Orange County areas prepared by any other federal or state agency that is approved by the City Council of City of Huntington Park. Acceptance and housing of the prisoners at the Huntington Park Police Department Jail facility is subject to the following rules: The Huntington Park Police Department Jail agrees to accept and provide for the secure custody, care, and safekeeping of medium or low risk arrestee as determined by pre -booking classification procedures of the jail. A IS% of maximum capacity bed space is guaranteed for the City of Vernon at any given time. The Huntington Park Police Department Jail has the right to reject any arrestee who requires special handling or presents a high -risk, including risk of Right or of injury to the arrestee or others and will be at the discretion at by the Watch Commander. The decision to accept or reject the arrestee is solely at the discretion of the Huntington Park Police Jail supervisor. In the absence of a Jail supervisor, the decision may be made by a Jailer, with concurrence of the oh -duty Field Services Watch Commander. 2. The decision to accept an arrestee will be based on the following criteria: a. The arrestee must not have any medical problems or the Deed to receive prescription medications. Unless disclosed during booking, the arresting agency shall be responsible for ascertaining the medical requirement of their arrestees. b. The arrestee must not be demonstrating behavior that could indicate mental or emotional problems. The arresting agency shall inform the booking jailer of any circumstances known to the officers, which indicate mental or behavioral problems. 3. The transporting officers shall enter the Huntington Park Police Jail from the established jail facility entrance. 4. The arresting agency is responsible for arranging all Probable Cause Declaration hearings and a copy of the approved declaration will be included in the arrest ee's booking package. The arresting agency shall be responsible for transporting the arrestee to designated court for arraignment. However, the arresting agency shall inform the Jail supervisor of the dates of all appearances of the arrestee as well as the designated court. 5. If any medical, mental or behavioral problems arise while the arrestee is in custody of the Huntington Park.Jail; the arresting agency will be notified and shall send transporting officers within three hours to transport the arrestee to another facility. If transporting officers are not available from the arresting agency, the arresting agency will be charged for the transportation costs by Huntington Park Police personnel to the Los Angeles County -operated facilities at the rate of $76.00 per hour. 6. In an emergency in which immediate medical attention is needed, the designated Fire Department will be notified and the cost of paramedic response will be charged to the arresting agency. The arresting agency will be notified if paramedics are called and make a recommendation to transport to the Los Angeles County Jail Medical Ward. All costs for medical treatment of prisoners shall be borne by the arresting agency. Accidental injuries and injuries resulting from assaults by other local prisoners are the responsibility of the Huntington Park Jail, however dispositions of these prisoners, if hospitalized, rests with the arresting agency. 7� Investigating officers from the arresting agency will be allowed access to the arrestee by call ing I the Jail prior to arrival. They shall comply with all regulations of the Jail. 8. Visitors are restricted to the arrestee's attorney, bail bonds person, someone presenting cash bail, or other persons authorized by the arresting agency with the concurrence of the Huntington Park Jail supervisor. 9. The arresting agency shall defend, indemnify, and hold harmless the City of Huntington Park, its officers, and employees, from and against all liability for false arrest, false imprisonment, violation of Civil Rights, or other claims arising out of intentional or negligent acts by the arresting agency, its officers, and employees relating to its detention, arrest, transportation of arrestees, or other activities, duties, or obligations under this agreement. The City of Huntington Park shall defend, indemnify, and hold harmless the arresting agency, its officers, and employees from and against all liability for false arrest, false imprisonment, violation of Civil Rights, or other claims arising out of intentional or negligent acts by the City of Huntington Park, its officers, and employees relating to its activities, duties, or obligations under this agreement. 10. Transportation to other courts is the responsibility of the arresting agency. Those cases, which require a filing by the District Attomey, will be the responsibility of the arresting agency. Verbal dispositions will not be accepted. 11. The Huntington Park Police Department will NOT release outside agency inmates on a citation, or under the provision of PC 849(b) (1) for any violation of law involving any crime against another person, and all weapons violations. Inmates arrested for such charges will be picked up and transported back to the arresting agency for release. Should the arresting agency fail to pick up an arrestee, the Huntington Park Police Department will transport the arrestee(s) to that agency for release. These transportations will be invoiced at the rate of $76.00 per hour, on a one -hour minimum basis. 12. All testing of blood, breath, or urine shall be the responsibility of the arresting agency. The Vernon Police Department shall be responsible for the preparation and delivery of all court document packages. City of Vernon, a California charter City and California municipal corporation im William Davis, Mayor Pro-Tem ATTEST: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney City of Huntington Park By: Name: Title: B CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 17,2012 TO: Daniel Calleros, Interim Chief of Po I lice FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-77 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and the City of Huntington Park for Inmate Housing Transmitted herewith is 6 copy of Resolution No. 2012-77, referenced above, which was approved by City Council on May 15, 2012, and two partially executed original Inmate Housing Agreements for delivery to the City of Huntington Park Police Department. Please see that a fully executed original is sent to the City Clerk's office for the file. Thank you. Mm. Attachment c: Resolution No. 2012-77 Agreement No. 12-045 HUNTINGTON PARK POLICE DEPARTMENT JAIL SECTION AGREEMENT FOR INMATE HOUSING AN AGREEMENT BETWEEN THE CITY OF HUNTINGTON PARK AND T CITY OF VERNON (the "arresting agency") FOR HOUSING OF PRE-ARRAIGNMEI�ZARIRESTEES. The Huntington Park Police Department agrees to house pre -arraignment Xarres esoftheCityofVemon rres e Y( Police Department in the Huntington Park Police Department Jail y( mington Park City Jail) for ows. prisoner housing and prisoner maintenance fee. The housing fee i ows: Felony Bookings: The cost for felony arrestees is $167.75 per boo ng for a 48-72 hour housing period. The cost includes booking process, jail monitoring, laundry, su ies, meals, and DNA sampling. Note: An additional cost of $60.00 maybe applied should th ebeaneedtohouseanarresteeforan additional day beyond the 72-hours. Misdemeanor Bookings: The cost for misdemeanor a stees is $107.25 per booking for a 48 hour housing period. The cost includes booking process ail monitoring, laundry, supplies, and meals. Juvenile Detainments: The cost for processing j enilesis$50.25. The cost does not include visual monitoring or transportation. Thearrestinga ney will be required to monitor juveniles until released to the designated Juvenile Hall Facility or rele ed to parents and/or legal guardian. The arresting agency C' 1y or to Juv ,e shall transport Juveniles to Juvenile Hall en required. While the above fees per booking take i to account the majority of all related jail services costs, it does not take into account the cost of the s Angeles County Sheriff's Department booking fee of $49.81 per arrestee should there be a need to tr sfer the arrestee to the LA County Jail for booking, The arresting agency will be responsible to tran ort the arrestee to LA County Jail if the need arises. The fees set forth shal I be adju d annually on July I of each year in accordance with the increase in the Consumer Price Index, witho any further action by the City of Vernon or the City of Huntington Park. For purposes of this Agree nt, "Consumer Price Index" means the revised consumer price index for All Urban Consumers, Los A eles-Long Beach -Anaheim, 1967 = 100, as prepared by the Bureau of Labor Statistics of the United S tes Department of Labor, or if any such agency shall cease to prepare such an index, then any compa ble index covering the Los Angeles and Orange County areas prepared by any other federal or state ency that is approved by the City Council of City of Huntington Park. Acceptance and ho sing of the prisoners at the Huntington Park Police Department Jail facility is subject to the following r les: The Huntington Park Police Department Jail agrees to accept and provide for the secure custody, care, and safekeeping of medium or low risk arrestee as determined by pre -booking classification procedures of the jail. A 15% of maximum capacity bed space is guaranteed for the City of Vernon at any given time. The Huntington Park Police Department has the right to reject any arrestee who requires special handling or presents a high -risk, including risk of flight or of injury to the arrestee or others. The decision to accept or reject the arrestee is solely at the discretion of the Huntington Park Police Watch Commander. 2. The decision to accept an arrestee will be based on the following criteria: a. The arrestee must not have any medical problems or the need to receive rescription 0 medications. Unless disclosed durin s g booking, the arresting agency s 11 be responsible for ascertaining the medical requirement of their arrestees. b. The arrestee must not be demonstrating behavior that could i icate mental or emotional problems. The arresting agency shall inform the booking ' iler of any circumstances known to the officers, which indicate mental orbehavi alproblems. 3. The transporting officers shall enter the Huntington Pax��ice Jail from the established jail facility entrance and shall: a. Inform the Jailer of any known medical pr9glems or need for medication(s) associated with the arrestee. b. Obtain medical booking clearance o ny arrestee when required by the Huntington Park 'earance of Police Watch Commander. 4. The arresting agency is responsible for rranging all Probable Cause Declaration hearings and a n will e includ copy of the approved declaratio,/ ed in the arrestee's booking package.' The !I c jb for transp arresting agency shall be responsib for transporting the arrestee to the designated court for arraignment. However, the arrest' g agency shall inform the Jailer of the date an arrestee is to be prepared for court pick up by th arresting agency. 5. The arresting agency is resp#ible for transporting females booked on felony.charges, held on warrant(s), parole hold, or/mmigration hold, to the appropriate L.A. County Sheriff Jail Facility within 2 hours of being n�tified that the female is ready for transport. A delay beyond 2 hours shall be reported by theArresting agency to the Huntington Park Police Watch Commander 6. If any medical, menol or behavioral problems arise while the arrestee is in custody of the Huntington Park J 1; the arresting agency will be notified and shall send transporting officers two )uJ within ho rs �_transport the arrestee to another facility. A delay beyond 2 hours shall be reported by the/rresting agency to the Huntington Park Police Watch Commander. If transporting c�icers are not available from the arresting agency, the arresting agency will be charged for t e transportation costs by Huntington Park Police personnel to the Los Angeles County- . ted facilities at the rate of $76.00 per hour. 7. In an emergency in which immediate medical attention is needed, the designated Fire Department will be notified and the cost of paramedic response will be charged to the arresting agency. The -2- arresting agency will be notified if paramedics are called and make a recommendation to transport to the Los Angeles County Jail Medical Ward. All costs for medical treatment of prisoners shall be home by the arresting agency.. Accidental injuries and injuries resulting from assaults by other local prisoners are the responsibility of the Huntington Park J wever dispositions of these prisoners, if hospitalized, rests with the arresting agency,�J"" 8. Investigating officers from the arresting agency will be allo d /the arrestee by calling we' a 0 the Jail prior to arrival. They shall comply with all regulations o7iceslaafl. rids pe n, so 9. Visitors are restricted to the arrestee's attorney, bail bo /meone presenting cash bail, r 0 or other persons authorized by the arresting agency with th concurrence of the Huntington Park Police Watch Commander and in accordance with Hunti gton Park Police Jail Policy. 10. The arresting agency shall defend, ind nif ' in Id harmless the City of Huntington Park, its y officers, and employees, from and agaiin:st ally lia� d ei for false arrest, false imprisonment, violation.of Civil Rights, or other claims arisi out of intentional or negligent acts by the arresting agency, its officers, and employees elating to its detention, arrest, transportation of arrestees, or other activities, duties, or obli tions under this agreement. The City of Huntington 0 a h n r d c e s in 'a 0 p e Im 'oy a e 11 r e s ' s sl e'a ' d /eob a n' ut ' r t'o Park shall defend, indemnify, and hold rmless the arresting agency, its officers, and employees from and against all liability for false est, false imprisonment, violation of Civil Rights, or t t other claims arising out of intentiona or negligent acts by the City of Huntington Park, its j I officers, and employees relating to i s activities, duties, or obligations under this agreement. 11. Transportation to other courts is e responsibility of the arresting agency. Those cases, which r I require a filing by the District ttorney, will be the responsibility of the arresting agency. Verbal dispositions will not be acce ed. 12. The Huntington Park P a citation, or under the against another 1 picked up and tn fail to pick up an that agency for re one -hour minimu 13. All testing of be resvonsiblt )Ye Department will NOT release Vernon Police Department inmates on rovision of PC 849(b) (1), for any violation of law involving any crime and all weapons violations. Inmates arrested for such charges will be ed back to the arresting agency for release. Should the arresting agency e, the Huntington Park Police Department will transport the arrestee(s) to These transportations will be invoiced at the rate of $76.00 per hour, on a basis. A breath, or urine shall be the responsibility of Vernon. City of Vernon shall the preparation and delivery of all court document packages. 14. The City ovVernon shall reimburse to the City of Huntington Park any cost associated with the court appe ance of a member of the Huntington Park Police Department regarding an arrestee of th I e arrestZg agency. [Signatures Aegin on Next Page). -3- City of Vernon, a California charter City and City of Huntington Park California municipal corporation By: By: 9--L Name: William Davis, Mayor Pro-Tem Title: APPR(WED AS TO FORM: -d G. Ya(Dag Deputy City M. M Juarez, Debbie From: Calleros, Daniel [DCalleros@covpd.org] Sent: Wednesday, June 27, 2012 9:00 AM To: Muro, Evangelina; Juarez, Debbie Subject: FW: Vernon Jail Agreement Debbie and Eva, the agreement (Resolution No. 2012-77) by and between the City of Vernon and City of Huntington Park for inmate housing has been modified at the request of Huntington Park. The modified agreement has been signed by Huntington Park and will be delivered this week for signatures by our City officials. Unfortunately, the two partially executed original agreements that we sent to Huntington Park last month have been shredded. See the email below regarding the shredding of the documents. Once we receive the modified agreements, we will deliver them to Eva for signatures. Call me if you have questions. Regards, Danny From: Cisneros, J [mailto:icisneros(cbhuntingtonl)arkr)d.org Sent: Tuesday, June 26, 2012 3:18 PM To: Calleros, Daniel Cc: Peckler, B Subject: RE., Vernon Jail Agreement Good afternoon Danny, Yes the agreement was approved last night. We are getting the signatures on the agreement and will deliver them to your City tomorrow. I want to apologize on the other documents as I went ahead and shredded the agreements yesterday. It was your document and I should have called you yesterday prior to my action. Again I am sorry for not communicating prior to the action taken. Sincerely Jorge Cisneros Chief of Police Huntington Park Police Department 6542 Miles Avenue Huntington Park, CA 90255 (323)826-6629 -Dedicated to Service- ----- Original Message ----- From: Calleros, Daniel [maiIto:DCaIIeros(cbcovpd.orq] Sent: Tuesday, June 26, 2012 1:53 PM To: Cisneros, 3 Subject: RE: Vernon Jail Agreement Jorge, checking if the agreements were approved by your council. If so, let me know when the documents can be picked up. Also, I will need the two agreements that were previously dropped off at your office so we can return them to our legal staff for destruction. Regards, Danny From: Cisneros, 3 [mailto:icisneros(cbhuntincitoni)arkpd.org] Sent: Wednesday, June 20, 2012 12:33 PM To: Calleros, Daniel Subject: RE: Vernon Jail Agreement Sounds goodl Jorge Cisneros Chief of Police Huntington Park Police Department 6542 Miles Avenue Huntington Park, CA 90255 (323)826-6629 -Dedicated to Service- ----- Original Message ----- From, Calleros, Daniel [mailto:DCalleros(cbcovi)d.orci] Sent: Wednesday, June 20, 2012 10:45 AM To: Cisneros, J Subject: RE: Vernon Jail Agreement Thanks for the update Jorge. I will have my Lt. coordinate with Lt. Lozano regarding the booking process so our staff is aware of the inmate housing process. Take care Danny From: Cisneros, J rmailto:jcisneros(cbhuntincitoni)arkpd.org] Sent: Wednesday, June 20, 2012 10:09 AM To. Michael Wolfsohn; Ramirez, R Cc: Streen Mary; Martinez, Rocio; Peckler, B; Lozano, C Subject: Vernon Jail Agreement Good morning Mike, I have made the additions requested and verified the address. I think we are good to go. I will send the purple and staff report to the City Clerk's office by noon Thursday. Jorge Jorge Cisneros Chief of Police Huntington Park Police Department 6542 Miles Avenue Huntington Park, CA 90255 (323)826-6629 -Dedicated to Service- CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: June 28, 2012 TO: Daniel Calleros, Interim Chief of Police FROM: Willard Yamaguchi, City Clerk vt RE: Resolution No. 2012-77 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and the City of Huntington Park for Inmate Housing Transmitted herewith is a copy of Resolution No. 2012-77, referenced above, which was approved by City Council on May 15, 2012, and one fully executed revised original Inmate Housing Agreement for delivery to the City of Huntington Park Police Department. Thank you. mme Attachment c: Resolution No. 2012-77 Agreement No. 12-045 'ity of RUNTINGTON PARKCafifornia RoSANNA M. RAMIREZ CITY CLERK June 27, 2012 City of Vernon Attn: Willard G. Yamaguchi 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Yamaguchi: The City Council of the City of Huntington Park, at their special meeting held June 25, 2012, approved the Agreement for Inmate Housing between the City of Huntington Park and the City of Vernon. Enclosed are two originals of this Agreement. Please execute the two originals and return one to the Office of the City Clerk. The second original is for your files. Sincerely, lo LT V/]Fai(m� i re "z//OA City Clerk RMR: le Eric Cc: Jorge Cisneros, Chief of Police Mary Strenn, Interim City Manager Francisco Leal, City Attorney 6550 Miles Avenue, Rm. 148 0 Huntington Park, CA 90255-4393 Tel. (323) 584-6230 e Fax (323) 588-4577 E-mail: rramirezahuntingtonpark.org �.huntingtonparlk.org HUNTINGTON PARK POLICE DEPARTMENT JAIL SECTION AGREEMENT FOR INMATE HOUSING THIS INMATE HOUSING AGREEMENT ("AGREEMENT") IS ENTERED INTO ON THIS 25th OF JUNE 2012 BY AND BETWEEN THE CITY OF HUNTINGTON PARK ("City") AND THE CITY OF VERNON (the "arresting agency") FOR HOUSING OF PRE - ARRAIGNMENT ARRESTEES. A. TERM OF AGREEMENT. This Agreement shall commence on June 25, 2012 and shall continue through June 30, 2014 or until terminated pursuant to the terms of this Agreement. Upon mutual agreement of both parties, executed in writing, this Agreement may be renewed for an additional term of 12 Months. Nothing in this Agreement shall be construed to require the arresting agency to house inmates in the Huntington Park Police Department Jail facility continuously. B. FEES. The Huntington Park Police Department agrees to house pre -arraignment arrestees of the City of Vernon Police Department in the Huntington Park Police Department Jail facility (Huntington Park City Jail) for a prisoner housing fee. The housing fee is as follows: 1 . Felony Bookings: The cost for felony arrestees is $167.75 per booking for a 48-72 hour housing period. The cost includes booking process, jail monitoring, laundry, supplies, meals, phone calls and DNA sampling. Note: An additional cost of $60.00 may be applied should there be a need to house an arrestee for an additional day beyond the 72- hours. 2. Misdemeanor Bookings: The cost for misdemeanor arrestees is $107.25 per booking for a 48 hour housing period. The cost includes booking process, jail monitoring, laundry, supplies, phone calls and meals. 3. Juvenile Detainments: The cost for processing juveniles is $50.25. Thecostdoesnot include visual monitoring or transportation. The arresting agency will be required to monitor juveniles until released to the designated Juvenile Hall Facility or released to parents and/or legal guardian. The arresting agency shall transport Juveniles to Juvenile Hall when required. While the above fees per booking take into account the majority of all related jail services costs, it does not take into account the cost of the Los Angeles County Sheriff s Department booking fee of $49.81 per arrestee should there be a need to transfer the arrestee to the LA County Jail for booking. The arresting agency will be responsible for transporting the arrestee to LA County Jail and paying the associated fee if the need arises. The fees set forth shall be adjusted annually on July 1 of each year in accordance with the increase in the Consumer Price Index, without any farther action by the City of Vernon or the City of Huntington Park. For purposes of this Agreement, "Consumer Price Index" means the revised consumer price index for All Urban Consumers, Los Angeles -Long Beach -Anaheim, 1967 = 100, as prepared by the Bureau of Labor Statistics of the United States Department of Labor, or if any such agency shall cease to prepare such an index, then any comparable index covering the Los Angeles and Orange County areas prepared by any other federal or state agency that is approved by the City Council of City of Huntington Park. C. BILLING AND PAYMENT. Huntington Park Police will invoice Vernon Police on a monthly basis for jail services rendered. The invoice will be sent to Vernon Police electronically on or about the l't of every month. Vernon Police shall designate a person to receive the electronic invoice. Payment to the City of Huntington Park is due within 30 days after receipt of invoice and shall be mailed to the City of Huntington Park Finance Department. The invoice prepared by Huntington Park Police shall at minimum include the following regarding every prisoner of the arresting agency being invoiced: I . Date and time of booking 2. Date and time of release 3. Name of arrestee 4. Booking number 5. Charge and felony or misdemeanor designation 6. Juvenile Detainments 7. Fee for booking and housing 8. Any additional fees � 0 4196 110.14 1 Wa 1. By Either Party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective thirty (30) days after receipt of such notice. Within said thirty (30) days, the arresting agency agrees to remove its ininates from the Huntington Park Jail facility. 2. By the Arresting Agency due to lack of Funding. The obligation of the arresting agency to pay Huntington Park under the provisions of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation or budgeting of sufficient funds by the arresting agency. In the event that such fimds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the arresting agency shall have the option of terminating the Agreement upon written notice to the City of Huntington Park, except that all services provided to that point shall be compensated at the agreed rate(s). Termination by Breach. In the event the arresting agency breaches or fails to perform or observe any of the terms or conditions of this Agreement, and fails to cure such breach or default within five (5) days of receiving written notice of said breach or default, or if said breach or default cannot be cured within a reasonable period, the City of Huntington Park may terminate this Agreement in addition to and not in limitation of any other remedy available to the City at law or in equity, and the failure of the City to exercise such right at any time shall not be construed as a waiver for any reason. 4. In the event of termination of this Agreement for any reason, the arresting agency shall compensate the City of Huntington Park in the same manner and at the same rate(s) described herein for inmates housed by the Huntington Park Jail facility after notice of such termination until the arresting agency retakes its inmates. E. RULES FOR INMATE HOUSING. Acceptance and housing of the prisoners at the Huntington Park Police Department Jail facility is subject to the following rules: The Huntington Park Police Department Jail agrees to accept and provide for the secure custody, care, and safekeeping of medium or low risk arrestee as determined by pre - booking classification procedures of the jail. 15% of maximum capacity bed space is guaranteed for the City of Vernon at any given time. The Huntington Park Police Department has the right to reject any arrestee who requires special handling or presents a high -risk, including risk of flight or of injury to the arrestee or others. The decision to accept or reject the arrestee is solely at the discretion of the Huntington Park Police Watch Commander. 2. The decision to accept an arrestee will be based on the following criteria: a. The arrestee must not have any medical problems or the need to receive prescription medications. Unless disclosed during booking, the arresting agency shall be responsible for ascertaining the medical requirement of their arrestees. b. The arrestee must not be demonstrating behavior that could indicate mental or emotional problems. The arresting agency shall inform the bookingjailer of any circumstances known to the officers, which indicate mental or behavioral problems. 3. The transporting officers shall enter the Huntington Park Police Jail from the established jail facility entrance and shall: a. Inform the Jailer of any known medical problems or need for medication(s) associated with the arrestee. b. Obtain medical booking clearance of any arrestee when required by the Huntington Park Police Watch Commander. c. Conduct a complete and thorough booking search of the arrestee and provide all necessary booking information to the Jailer. 4. The arresting agency is responsible for arranging all Probable Cause Declaration hearings and a copy of the approved declaration must be provided to the Huntington Park Jail. The arresting agency shall be responsible for transporting the arrestee to the designated court for arraignment. However, the arresting agency shall inform the Jailer of the date an arTestee is to be prepared for court pick up by the arresting agency. 5. The arresting agency is responsible for transporting females booked on felony charges, held on warrant(s), parole hold, or inunigration hold, to the appropriate L.A. County Sheriff Jail Facility within 2 hours of being notified that the female is ready for transport. A delay beyond 2 hours shall be reported by the arresting agency to the Huntington Park Police Watch Commander 6. If any medical, mental or behavioral problems arise while the arrestee is in custody of the Huntington Park Jail, the arresting agency will be notified and shall send transporting officers within two hours to transport the arrestee to another facility. A delay beyond 2 hours shall be reported by the arresting agency to the Huntington Park Police Watch Commander. If transporting officers are not available from the arresting agency, the arresting agency will be charged for the transportation costs by Huntington Park Police personnel to the Los Angeles County -operated facilities at the rate of $76.00 per hour. In an emergency in which immediate medical attention is needed, the designated Fire Department will be notified and the cost of paramedic response will be charged to the arresting agency. The arresting agency will be notified if paramedics are called and make a recommendation to transport to the Los Angeles County Jail Medical Ward. All costs for medical treatment of prisoners shall be bome by the arresting agency. Accidental injuries and injuries resulting from assaults by other local prisoners are the responsibility of the Huntington Park Jail, however dispositions of these prisoners, if hospitalized, rests with the arresting agency. 8. Investigating officers from the arresting agency will be allowed access to the arrestee by calling the Jail prior to arrival. They shall comply with all regulations of the Jail. 9. Visitors are restricted to the arrestee's attorney, bail bonds person, someone presenting cash bail, or other persons authorized by the arresting agency with the concurrence of the Huntington Park Police Watch Commander and in accordance with Huntington Park Police Jail Policy. 10. Transportation to other courts is the responsibility of the arresting agency. Those cases, which require a filing by the District Attorney, will be the responsibility of the arresting agency. Verbal dispositions will not be accepted. 11. The Huntington Park Police Department will NOT release Vernon Police Department inmates or prisoners on a citation, or under the provision of PC 849(b) (1) for any violation of law involving any crime against another person, and all weapons violations. Inmates arrested for such charges will be picked up and transported back to the arresting agency for release. Should the arresting agency fail to pick up an arrestee, the Huntington Park Police Department will transport the arrestee(s) to that agency for release. These transportations will be invoiced at the rate of $76.00 per hour, on a one - hour minimum basis. 12. All testing of blood, breath, or urine shall be the responsibility of Vernon. City of Vernon shall be responsible for the preparation and delivery of all court document packages. 13. The City of Vernon shall reimburse to the City of Huntington Park any cost associated with the court appearance of a member of the Huntington Park Police Department regarding an arrestee of the arresting agency. 14. The arresting Vernon Police Officer shall remove all personal property from an arrestee as required by established jail procedure. The Huntington Park Police Jailer will secure the arrestee's personal property in accordance with established jail procedure. Bulky items such as bicycles, large backpacks, large purses, etc., and money in excess of $400.00 will not be secured or held by the Huntington Park Police Department or any employee of the City; the arresting agency shall be solely responsible for securing bulky items and/or money in excess of $400.00. The arrestee's personal property in the custody of the Huntington Park Police Jail will be released to a Vernon Police Officer when the arrestee is transferred from the jail, or the property will be returned to the arrestee when the arrestee is released from custody from thejail. 15. Any contraband found on an arrestee after the arrestee has been booked shall be the responsibility of the arresting agency. Huntington Park Police will temporarily hold the contraband until it is picked up by Vernon Police. 16. Vernon Police shall pick up and retain all original. booking slips and associated paperwork for each aTTestee. Huntington Park Police will not maintain any original records or copies of records of Vernon Police arrestees. 17. Death of an Inmate. a. In the event of the death of an arresting agency's inmate, the City shall notify the County Coroner or appropriate agency. The arresting agency shall receive copies of any records made at the time of or in connection with such notification. b. The City shall immediately notify the arresting agency of the death of an arresting agency's inmate, furnish information as requested, and follow the instructions of the arresting agency with regard to the disposition of the remains. In the case of an unattended death, suspicious death, or criminal case, the County Coroner or appropriate agency will have authority over the deceased, and would coordinate with local law enforcement to finish the investigation prior to the release of the deceased inmate. F. INDEMNIFICATION; HOLD HARMLESS. The arresting agency shall defend, indemnify, and hold harmless the Cily of Huntington Park, its officers, and Mloyees, from and against all liability for false arrest, false imprisonment, violation of Civil Rights, or other claims arising out of intentional or negligent acts or omissions by the arresting agency, its officers, and Mloyees relating to its detention, arrest, transportation of arrestees, or other activities, duties, or obligations under this agreement. The Cijy of Huntington Park shall defend, indemnify. and hold harmless the arresting agency, its officers, and employees from and against all liability for false arrest, false imprisonment, violation of Civil Rights, or other claims arisin2 out of intentional or negligent acts or omissions by the C of Huntington Park, its officers, and enloyees relating to its activities, duties, or obligations under this ap-Teement. In the event the acts or omissions of the elected or appointed officials, officers, employees o age s of both the arresting agency and the City of Huntington Park in connection with o incidental to the performance or non-performance of the arresting agency's or they City of Huntington Park's services, duties, and obligations under this Agreement are the subiect of any liabilfty claims by a third pggy, the arresting agency and the City shall each be liable for its proportionate share of fault in my resulting suits, actions, claims, liabilLty, damages, Judgments, costs and expenses and for their own attorney's fees. Nothing contained in this section or this Agreement shall be construed to create a right in third party to indemnification or defense. The provisions of this section shall survive @ny termination or expiration of this Agreement. G. GENERAL PROVISIONS. I . Notice. All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Huntington Park: With Copy to: Arresting Agency: Chief of Police City of Huntington Park 6542 Miles Avenue Huntington Park, Ca 90255 City Manager City of Huntington Park 6550 Miles Avenue Huntington Park, CA 90255 City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 2. Insurance. The arresting agency and the City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. 3. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in party without the prior express written consent of both parties. 4. Waiver. The failure of either party to this Agreement to insist upon strict performance of any term or condition hereto, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. 5. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 6. Governing Law. This Agreement is made, entered into, executed and is performed in the City of Huntington Park, located in Los Angeles County, California, and any action filed in any court or for arbitration for interpretation, enforcement and/or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Los Angeles County, California. 7. Independent Contractor. For purposes of this Agreement, City and arresting agency are, as to each other, independent contractors and not an official, officer, employee or agent of the other. Neither party shall, at any time or in any manner, represent that it or any of its officials, officers, employees or agents are employees of the other. All personnel to be utilized by arresting agency in the performance of this Agreement shall be employees of arresting agency and not employees of the City, and vice versa. Each party shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating only to their own respective employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth in this Agreement. 8. Entire Agreement. This Agreement constitutes the entire integrated Agreement between the City and the arresting agency and supersedes 0 prior negotiations, representations or agreements, oral or written. 7 9. Modification of this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the parties hereto. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. CITY CITY OF HUNTINGTON PARK L��?4 - A,,,i�Molina/Nfa�or 04 a I Bkl 19 3 Ro's�rma Ramirez', City-Cl�rk) APPROVED AS TO FORM: I 4r, � City ARRESTING AGENCY CITY OF VERNON - - - - -------- William Davis, Mayor Pro-Tem ATTEST: Chief Deputy I Qrl"t T5 A RECEIVED MAY 10 2012 CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT DATE: May 2, 2012 TO: Honorable Mayor Pro Tempore and City Council FROM: Daniel Calleros, Interim Chief of Police OL/ RE: Outsource Inmate Booking/Housing PURPOSE RECEIVED MAY 0 9 2012 CITY ADMINISTRATION The purpose of this memorandum is to request approval to outsource the booking and housing of individuals arrested for felony and some misdemeanor violations with the Huntington Park Police Department. In addition, the Police Department is also requesting to suspend the Vernon Service Officer (VSO) program. SUMMARY The Vernon Police Department has maintained its own Type 1 Jail facility since the police facility was built in 1978. Nevertheless, the Department has struggled in recent years to maintain sufficient jail staff to operate the Jail facility efficiently. Jail staffing levels have been reduced significantly due to budgetary constraints. To operate the Type 1 Jail facility on a 24/7 schedule, six (6) Vernon Service Officers (VSOs) are needed to provide effective operations, handle the booking processing, and monitor inmates. Current VSO staffing levels has been reduced to just one (1) due to a recent employee separation. Over the years as VSO staffing levels reduced, police officers have been assigned to cover jail staff shortages. As a result, police officers are every so often called to fill these positions, often requiring overt -time, and/or reassigning police officers from the field to cover jail operations. Using patrol officers to cover jail operations reduces the number of patrol officers working in the field thus decreasing the level of service provided to the community. To address the Jail operations issue, eliminate the need for police officers to cover jail staff shortages, and reduce police officer overtime costs, I recommend suspending the VSO program and outsource inmate housing for all felony and certain misdemeanor arrests with the Huntington Park Police Department. Currently the Police Department houses all felony inmates but releases most misdemeanor inmates that met the criteria for release prior to arraignment. Housing inmates with the Huntington Park Police Department will eliminate the need to have Jail staff on a 24/7 schedule. Outsourcing the housing of inmates is a cost effective approach to Staff Report Proposal for Outsourcing Jail Services Page 2 address our current jail staff shortage and budget situation. The cost savings will show our efforts to collaborate with other regional public safety agencies in the betterment of all communities while maintaining a responsible fiscal approach. The Police Department obtained proposals for Jail services from the Huntington Park Police Department and Bell Gardens Park Police Department. The Bell Police Department was unable to provide a proposal for Jail services at this time. In assessing the two proposals, the Huntington Park Police Department will provide a cost effective level of jail services needed by the Department. In addition, the Huntington Park Police Department is within close proximity to the City of Vernon, thus reducing travel time to and from their jail facility. The Huntington Park Police Department operates a 22-bed, Type 1 Jail facility as described in the California Code of Regulations, Title 15. The jail facility houses both misdemeanor and felony inmates'waiting court arraignment and also complies with all applicable local, county, state, and federal laws. PROJECTED JAIL SERVICES COSTS The Huntington Park Police Department estimated the following inmate booking and housing costs: Felony Bookings The cost for felony inmates is $167.75 per booking and housing for a 48-72-hour period. The cost includes all jail monitoring, laundry, supplies, meals, and DNA sampling. An additional cost of $60.00 may be applied should there be a need to house an inmate for an additional day beyond 72-hours. Misdemeanor Bookings The cost for misdemeanor inmates is $107.25 per booking and housing pending release if criteria for own recognizance release is applicable. The cost includes all jail monitoring, laundry, supplies, and meals. Juvenile Detainments: The cost for processing juveniles is $50.25. The cost does not include visual observance. The arresting agency will be required to monitor juveniles until released to the designated Juvenile Hall Facility or released to parents and/or legal guardian. While the above fees per booking take into account the majority of all related jail services costs, it does not take into account the cost of the Los Angeles County Sheriffs Department booking fee of $49.81 per inmate, should there be a need to transfer inmates to the LA County Jail for booking. In addition, transportation of inmates to the respective court for arraignments will neec to be conducted by the arresting agency. Transportation of inmates will be designated to the Civilian Court Officer and if necessary patrol staff. It should also be noted that the Department would be responsible for the medical cost of ill inmates as well as transportation to a medical facility. Staff Report Proposal for Outsourcing Jail Services Page 3 Currently, VSO jail staff book and process on an average approximately 420 felony and misdemeanor inmates per year (not including female and juvenile inmate since these types of inmates are not housed in the Jail facility). From this average, approximately 160 inmates are housed in the Jail facility for a minimum of 48-72 hours pending court arraignment. However, there are occasions when inmates are held for at least 96-hours (four days) due to Holidays and/orweekends. Using the annual, average of inmate housed for a minimum of 48-72 hours, we estimate an annual inmate housing cost with Huntington Park Police at approximately $26,840.00, per year. However, the estimated cost may increase slightly if it is necessary to house inmates for one additional day pending arraignment. . VERNON JAIL OPERATION COSTS Personnel cost for two (2) VSOs is currently funded with grant funds provided by the COPS grant program. General funds are used to cover Jail operational expenses, including overtime costs to cover staff shortages. The average monthly overtime expense to cover jail staff shortages is approximately $2,370. Listed below is a breakdown of current operational, personnel, and overtime costs to operate the Jail facility: Personnel cost for two VSOs including benefits $121, 960.00 Annual required training: $700.00 Annual Jail Manager training $900.00 Dry cleaning $3,000.00 Meals $3,400.00 Required periodicals $600.00 Supplies $600.00 Annual overtime to cover Jail staff shortages $28,440.00 TOTAL ESTIMATED ANNUAL COSTS: $159, 600.00 VERNON JAIL FACILITY RECLASSIFICATION With the proposed inmate housing with the Huntington Park Police Department, the Police Department will need to reclassify the jail facility from a Type 1 Jail facility to a Temporary Holding Facility (THF). The Police Department Jail Manager made contact with Ron Bertrand, the area representative for the California Department,of Corrections and Rehabilitation (CDCR) to identify the process for the jail reclassification. Bertrand indicated that a reclassification to a THF would only require notification to CDCR. He also stated that if the Police Department decides to revert to a Type 1 Jail facility in the future, the Department would simply need to make notification to CDCR again and resume the Type 1 Jail facility standards. Bertrand recommended that the Department conduct the Jail facility biennial inspections by the Vernon Fire Marshal and follow the "community standard" for jail operations as outlined in the California Code of Regulations, Title 15. FISCAL IMPACT The estimated costs of $26,840.00, for jail services by the Huntington Park Police Department Will be included in the Police Department FY12-13 budget. Staff Report Proposal for Outsourcing Jail Services Page 4 AGREEMENT REVIEW City legal staff has reviewed and approved the Jail services agreement as to form. See the attached agreement. RECOMMENDATION Staff recommends that City Council approve the proposed Jail services with the Huntington Park Police Department. As outlined, the Police Department currently does not have sufficient Jail staff to operate a Type 1 Jail facility efficiently. For several years, police officers have been assigned to cover jail staff shortages thus reducing the number of police officers assigned to field duties. In addition, because of jail staff shortages, police officers are often called to fill these positions requiring overt -time. By outsourcing jail services with the Huntington Park Police Department, the Department will reduce operating, and overtime costs associated with the Jail operations. Field patrol staffing levels will also be improved since there will be no need to have police officers cover jail staff shortages. Attachment: • Huntington Park Police Jail Services Agreement • City Deputy City Attorney's Office Memorandum • Proposal from Bell Gardens Police • Proposal from Huntington Park Police CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: April 18, 2012 TO: Daniel Calleros, Interim Chief of Police FROM: Willard G. Yamaguchi, Chief Deputy City AttorneyA RE: Huntington Park Police Department Jail Section Agreement for Inmate Housing I have received and reviewed the Agreement received April 17, 2012, and the attachments thereto. The Agreement for Inmate Housing is approved as to form. WY: em Enclosures City of HUNTINGTON PARKICalifornia POLICE DEPARTMENT 6542 MILES AVENUE, HUNTINGTON PARK, CALIFORNIA 90255-4386 TEL. (323) 826-6629 - FAX (323) 826-6680 JORGE CISNEROS CHIEF OF POLICE March 13, 2012 Daniel Calleros interim Chief of Police Vernon Police Department 4305 Santa Fe Ave. Vernon, CA 90058 Dear Chief Calleros Thank you for requesting a proposal for jail services from the Huntington Park Police Department. We are aware of the current fiscal issue that many communities are facing and the need to be innovative while maintaining public safety effectiveness and efficiencies. We have reviewed the data provided and are confident we can provide the level of jail service that is required by your Department and community in a cost effective manner. I believe that the costs provided below will show our efforts to collaborate with other regional public safety agencies in the betterment of all communities when it comes to safety and quality of life issues while maintaining a responsible fiscal approach. As you requested, we have estimated our following costs for your review. For felonies we have a cost of $167.75 per booking. Our cost estimate includes all jail monitoring duties, laundry, supplies, meals and DNA sampling. What is not included in the price is the $49.81 booking fee imposed by the Los Angeles County Sheriff Department for those individuals that are transferred to the County. For misdemeanors we have a cost of $107.25 per booking and $50.25 process fee for juveniles. The juvenile cost does not include visual observance as we would require your officers to monitor juveniles until released to Juvenile Hall or parents. While the above fees per booking take into account the majority of all jail service costs it does not take into account certain jail auxiliary duties/items. Transportation of inmates housed at Huntington Park Police Department to court; medical clearance process prior to booking; medical assistance protocol of booked inmates and any other concerns would need to be addressed in future correspondence. March 13, 2012 Page 2 I hope the information provided gives you an overview of our Department's ability and commitment to providing your organization with excellent and dedicated service. I look forward to discussing this proposal, and other services, with you in the future. If I can be of any further assistance, please contact me at (323) 826-6629. ; si rge Cisneros _ �� �1, _, Chief of Police Interoffice Memorandum To: Robert Barnes, Chief of Police From: Jeff Travis, Captain Date: November 30,2011 Re: Proposal for the City of Vernon -jail Services Contract The information contained in this memorandum outlines the detailed costs for jail services in the event the City of Vernon Police Department selects to contract with the City of Bell Gardens for booking and related jail services of their detainees. As you ate aware the City of Bell Gardens jail is Type 1 facility. It consists of 8 detention cells and 2 sobering cells. Annual inspections and audits have been conducted with no significant findings and it has been determined that we are in compliance with -all applicable local, county, state and federal laws. The provided estimates are based on information from Vernon PD as it relates to their needs. On average, they book approximately 30 felony and 30 misdemeanors per month. It was agreed that juveniles would not be booked -at the Bell Gardens Police Department unless exigent circumstances dictate otherwise. juveniles would therefore be booked -at the Vernon Police Department including the live scanning process. Any in -custody detainee that is brought in by Vernon PD and booked by Bell Gardens PD Personnel that is later determined to be a juvenile shall be the responsibility of Vernon PD to respond and remove the juvenile from the facility. We will provide the transportation to Downey Court with the condition that the jail van does not go beyond capacity. In this instance, Vernon PD will be called to handle the transportation of detainees to court. Although, these costs are not exact they are extremely close and do not take in account any unforeseeable costs or costs that have not been considered as of the time of this estimate. I recommend the following rate structure for booking of prisoners into the Bell Gardens jail. BookinL7 Costs (Per Dav) Prisoner Maintenance: Department Overhead Services and Supplies: Meals (3 per day): Booking Fee: Total: Estimate Annual Bookings: $30.00 $10.00 $10.00 $10.00 $35.00 $95.00 per booking Unknown Potential 2 d day felony arrests: UnImown Total Estimated Costs to Vernon Police Department: Dependent on number of bookings AGREEMENT The term of this AGREEMENT is for a period of two (2) years, unless earlier terminated by either party with 30 days advance notice. City of Bell Gardens agrees to provide necessary custodial housekeeping, safekeeping, and subsistence of detainees of the City of Vernon in accordance with this agreement. City of Bell Gardens shall bill the City of Vernon and City of Vernon shall pay the City of Bell Gardens the fees under this agreement. The fees set forth in this paragraph shall be adjusted annually on July I of each year in accordance with the increase in the Consumer Price Index, without any further action by the City of Vernon or the City of Bell Gardens. For purposes of this Agreement, "Consumer Price Index" means the revised consumer price index for All Urban Consumers, Los Angeles -Long Beach-Anaheirn, 1967 = 100, as prepared by the Bureau of Labor Statistics of the United States Department of Labor, or if any such agency shall cease to prepare such an index, then any comparable index covering the Los Angeles and Orange County areas prepared by any other federal or state agency that is approved by the City Council of City of Bell Gardens. City of Bell Gardens agrees to accept and provide for the secure custody, care, and safekeeping of medium or low risk detainees as determined by pre -booking classification procedures of the jail. 30% of maximum capacity bed space is guaranteed for the City of Vernon at any given time. City of Bell Gardens has the right to reject any detainee who, in city's sole opinion, requires special handling or presents a high -risk, including risk of flight or of injury to the detainee or others and will be at the discretion at by the Watch Cornmander. City of Bell Gardens agrees to provide City of Vernon detainees with the same level of emergency medical care and services provided to Bell Gardens' prisoners, including secure transportation for detainees required to be removed from the jail for emergency medical services. The original invoices for all costs associated with hospital or health care services provided to Vernon detainees outside the jail will be submitted to Vernon for direct payment by Vernon to the service provider, and City of Vernon shall promptly pay such invoices. City of Bell Gardens will notify City of Vernon as soon -as possible of any emergency medical circumstances, which require removal of Vernon detainee from the jail. City of Bell Gardens win advise Vernon for the removal of any of Vemon detainee for all required medical services. If a Bell Gardens Officer is required to standby at the hospital facility, Vernon will be billed for such service at an hourly rate commensurate with the Officer's basic or overtime rate salary. It will be required that the City of Vernon provide its own officer for this purpose unless it is requested by Vernon for Bell Gardens to handle the incident and the City of Bell Gardens has die capacity to do so based on manpower issues. Vernon detainees who are injured or ill prior to arrival at the jail must be cleared for booking through a licensed physician or hospital of Vernon's choice prior to the detainee being accepted into the Bell Gardens jail Facility. If, in the sole opinion of City of Bell Gardens, the detainee requires further medical treatment due to an injury or illness incurred prior to booking, booking will be 2 refused and Vernon will be responsible for all required transportation and treatment in association therewith. All testing of blood, breath, or urine shall be the responsibility of Vernon. City of Vernon shall be responsible for the preparation and delivery of all court document packages. Vernon shall make -appropriate advance arrangements with the City of Bell Gardens for arraignment transportation to the Downey Superior Court. City of Vernon shall defend, indemnify and hold harmless City of Bell Gardens, it's City Council, police officers and employees from any and all liability, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants), which -arise out of Vernon negligent acts and omissions in connection with the performance of its duties and obligation pursuant to this agreement. City of Vernon further agrees to defend, indemnify and hold harniless City of Bell Gardens, its City Council, police officers and employees from any and all liability, including any claim of liability and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) for any and all claims arising from actions or failures to act of whatever nature occurring prior to detainee's booking in the jail. City of Bell Gardens shall defend, indemnify and hold haxinless Vernon, its City Council, police officers and employees from any and all liability, including -any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants), which arise out of Bell Gardens' negligent acts and omissions in connection with the performance of its duties and obligation pursuant to this agreement. City of Bell Gardens and City of Vernon agree to indemnify, and hold harmless each other for any costs or expense (including reasonable legal expenses and costs of expert witnesses and consultants) that may be imposed upon the other AGENCY. City of Vernon further agrees to defend, indemnify and hold harmless City of Bell Gardens, its City Council, police officers and employees from any and all liability, including any claim of liability and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) for any arid all claims arising from actions or failures to act of whatever nature occurring prior to detainee's booking in the jail. City of Bell Gardens shall defend, indemnify and hold harmless Vernon, its City Council, police officers and employees from any and all liability, including any claim of liability, -and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants), which arise out of City of Bell Gardens' negligent acts and omissions in connection with the performance of its dudes and obligation pursuant to this AGREEMENT. Cities of Bell Gardens and Vernon agree to indemnify, -and hold harmless each other for any costs or expense (including reasonable legal expenses and costs of expert witnesses and consultants) that may be imposed upon the other solely by virtue of the provisions of Section 895.2 of the California Government Code, by virtue of the provisions of Section 895.2 of the California Government Code. 3