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Home My WebLink AboutReso 185-1984 RESOLUTION NO. 185-R4 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRISONER TRANSPORTATION SERVICES BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The agreement entitled "Agreement for Prisoner Transportation Services" between the County of San Mateo and the City of South San Francsco is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 28th day of November , 1984, by the following vote' AYES- NOES' Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT' None ATTEST' ~City Clerk~ !BIT "A" [0 RESOLt!TIOli NO. AfiR[[.:I[!i! I'{I,'l i'!;ISO~llll ll!,~;l':,P()!ll^l ION by and between the COUNTY OF and the CI'TY OF SOUTH SAN FRANCISCO,I hereinafter referred to ~s tile "C)lYi'. IIO',l, IItEREFOR[., Il IS IIEr',EI)Y A';REEL)as follows' 1. San Ilateo County will nrovide priso~er transportation services through tl~e Cou,ty of Los Angeles, st.~teNide prisoner transnortation services to the City, accordin.q to tile schedules established and maintained by the San Hateo County Sheriff's O, ffice, a.nd in keePin.q ~ith the schedules es- l tablished and'maintained by the Cnunt,, ~f Los A~).qeles Slierif('s ¢)(f'ice. The CIIY, after being notified that one of their prisoners is. e - being held in another law enforcenent agency within the State of Calilom'nia, and ~tanting that prisoner to be transl}orted to tile Count:t {if San Ilatet~ I;y the Co~,nty of Los Annele. s State~.~ide Prisoner Transportation) Svste~.~. shall · notify tlie County of San tiateo of its ~.~isl~ to have that prisoner transported.. Notification.shall I~e in tl~e fern of a prinLed ,~essape via California Law Enforcement leletype System (hereinafter referred to as "CLETS") re.questing 'transportation of the specifically identified individual and ~ill include prisoner's name, sex, race, age, location wl~e,'e heinq held, chartJe(s)bein, held under, amount of bail, and the nane of tl~e Court that issued Lire warran for. his arrest, lhe messaqe ~.~ill also indicate the date of arrest and the prisoner will be available for transportation to the County of San l~,ate~ 3. The County of San !!ateo Sl~eriff's Office will tl~en send a return message via CLETS to the requesting CIIY to confirm receipt of the notification and request for prisoner tFansnortation and will indicate tt~e expected date of delivery of tl~e nris~ner to tl~e County of San ,l. llie County of Los A~,~eles, its uirficers, agents and e;'L~lovees ~ill be responsible for .the nh.',sical custody of tile CITY prisoner ~-~hen the prisoner, his property and the necessary paperwork have been accepted from the arresting la~,~ enforcelnent agency by the COUIITY OF LOS ANGELES, its officers, agents and employees. The COUNTY OF LOS AN,~ELES will consider any CITY prisoner being transported in the same manner as any of the Count.!/ of San Mateo prisoners being transported by their system. 5. The County of Los Angeles, through the County of San !'~ateo, hereby reserves the right to refuse to transport any ill or injured CITY prisoner. Such ill or injured prisoner may be transported by the County of Los Angeles, its officers, agents and emplo.vees only upon receipt of clear- ance for such trip by a medical doctor. The County of Los Angeles, through the County of San ~ateo, further reserves the right to refuse to or to de- lay in transport of any prisoner. The reasons for refusal to or. for delay in transport may include, but are not limited to, space limitations on trans- port vehicles or in overnight custodial facilities accomodations en route to or from the County of San ~lateo. If County of Los Angeles refuses to or delays in transport of a prisoner, it shall immediately notify the requesting CITY through the County of San Mateo of this fact and the reasons therefor, and any expected transport date. 6. The County of San !~ateo and the County of Los Angeles will not arrange transport of male juvenile prisoners under sixteen (16) years of age. 7. In the rendition of the above-described services, the discipline standards of the County of San ~lateo, its officers, agents and employees, and the discipline standards of the County of Los Angeles, its officers, agents and employees and otl~er matters incident to the performance of these services shall be pursuant to the rules and regulations of the jurisdictions of their respective employment. In the event of a dispute among the parties as to the extent of duties and functions to be rendered hereunder, or the minimum level or manner of perforr.~ance of such service, the County of Los Angeles and the County of San !lateo and the CITY shall meet and confer -2- and in good faith attempt to resolve dispute. 8. The rates and charges for the transportation services by the County of San Mateo pursuant to this agreement shall approximate the actual cost to County of San Mateo for services provided by Los Angeles County, and shall be determined and annually adjusted by the County of San !lateo. The County of r~an Mateo hereb~v reserves the right to charge the City a minimum service fee in the future if extendinq these transportation charges through Los Angeles County Transportation System causes the County of San Mateo to incur charges which are considered excessive. The rates shall be based upon cost per seat per mile directly incurred by the CITY through the County of San Mateo and cost for meals provided to CITY prisoner(s). Within thirty (30) days of such an adjustment, the Count,v of San Mateo shall send by first-class mail a copy of the adjusted rates and charges to the CITY. 9. The County of San Mateo shall deliver to the CITY within ten (lO) days after the close of each calendar month, an itemized invoice covering all services performed in that month by County of San ~ateo. Under the agreement, CITY shall pay County of San qateo for all the services performed within thirty (30) days of date of said invoice delivery. 10. HOLD HARMLESS' The CITY shall indemnify and save harmless, the County of San Mateo and the County of Los Angeles, their officers, agents, employees and servants from all claims, suits or actions resulting solely from the actions of CITY, its officers, agents, employees, or servants, including but not limited to, incorrect information given under paragraph 2 of this agreement. The County of San Mateo shall indemnify and save harmless the CITY, its officers, agents, employees, and servants from all claims, suits, or actions resulting solely from the actions of the COUNTY,' its officers, agents, em- ployees, or servants, including, but not limited to, injury or death to any prisoner while in the custody of the COUIITY. -3- The duty. of a ,-rsrr':-. .... Lo inde;'mifv and save harmless,..~ .... ~'~-_~r[:)~ herein, shall includ~ the dut.v to defend ~; se~ fo~t!~ri' Section 2??8 of l:tm California C~vil Code, provided, I~m-~ever, that noth~n.a herein sl~all be con- strued to require that .~arty to indemnify tl~e other, its officers, agents, employees or servants against any responsibility or liabilit,v in contravention .. of Section 2782 of the California Civil Code. 11. TillS ASREE:4Eill shall become effective on the date it is executed " by the Count.,, of San 'lateo, and shall be in effect for a period of four years U~ereafter. The County of San :!ateo or the CITY may terminate this AGREEItENT at any time upon thiFty (30) days..t.~ri'tten nOtice to the other .. , . party ; · ! 12. THIS AGREEMENT may only be amended in wri.ting settiq.? (]'orth the cont6mplated change and an effective date therefore, executed in like · manner'as the original A~REE:iENT. llt UlliiESS !,'HEREOF, the CITY by order of its City Council, c):~ses this AGREE:lENT to be signed by its City Clerk; and in the County of San tIateo, by order of its Board of Supervisors, causes this AGREE!~E;iT to be subscribed · by the Chairperson. of said Board and attested b,., the ~lerk of said l)oard, all the day and year indicated hereon. COUNTY .OF SA,q HATEO ATTEST- ~~:~ng CLE~.IK of said Board ' - ~h~Fman,. Dc(~ of Supervisors ' --- CITY OF South San Francisco 14ayor, ATTEST- Y CLERK ! ·