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HomeMy WebLinkAboutReso 34-1987RESOLUTION NO. 34-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ALRESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FDR PRISONER TRANSPORTATION SERVICES WHEREAS, the Sheriff's Department of the County of Los Angeles operates a statewide Crisoner transportation service with scheduled weekly trips through- out the State of California; and WHEREA~, San Mateo County has contracted with Los Angeles County for the performance of prisoner transportation services and has agreed to pay for these services at the rates established by Los Angeles County; and WHEREAS, Los Angeles County will not contract directly with cities in San Mateo County for prisoner transportation services, but requires cities to con- tract withiSan Mateo County to obtain such services; and WHEREAS, San Mateo County and the City of South San Francisco desire to enter into~an agreement under which San Mateo County will provide prisoner transportation services through Los Angeles County to the City, and the City will reimburse San Mateo County for the costs incurred by San Mateo County in providing ~hose services. NOW, THEREFORE, BE IT RESOLVED by the City Council of South San Francisco that the agreement entitled "Agreement for Prisoner Transportation Services Between City of South San Francisco and County of San Mateo" attached as Exhibit "1" is hereby approved and the Mayor is hereby authorized to execute the Agreement. hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regula~ meeting held on the 8th day of April , 1987 , by the following vote: AYES: Coiuncilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos, Ro NOES: No ABSENT: No ~erta Cerri Teglia, and Mark N. Addiego ~e City Clerk -2- EXHIBIT I TO RESOLUTION NO. 34-87 AGREEMENT FOR PRISONER TRANSPORTATION SERVICES BETWEEN CITY OF SOUTH SAN FRANCISCO AND COUNTY OF SAN MATEO THIS AGREEMENT is made and executed this /~L day of ~ , 1987 by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "San Mateo County," and "South San Francisco," a Municipal Corporation, hereinafter referred to as "City": RECITALS THIS AGREEMENT is made with reference to the following facts and objectives: ~. The Sheriff's Department of the County of Los Angeles operates a statewide prisoner tr. ansportation system with scheduled weekly trips throughout the State of California. 2. San Mateo County has contracted with Los Angeles County for the performance of prisoner transportation services and has agreed to pay for these services at the rates established by Los Angeles County. 3. Los Angeles County will not contract directly with cities in San Mateo County for prisoner transportation services, but requires cities to contract with San Mateo County to obtain such . services. 4. San Mateo County and City desire to enter into an agree- ment under which San Mateo County will provide prisoner transpor-l ration services through Los Angeles County to City, and City will reimburse San Mateo County for the costs incurred by San Mateo County in providing those services. NOW, THEREFORE, IT IS AGREED as follows: 1. San Mateo County will provide prisoner transportation services to City pursuant to San Mateo County's contract with Los Angeles County for statewide prisoner transportation services, in accordance with schedules established and maintained by San Mateo County and Los Angeles County. 2. If City wishes to have a particular prisoner trans- ported, City will notify San Mateo County in the form of a printed message via California Law Enforcement Teletype System (hereinafter referred to as "CLETS"). The notification will identify the prisoner to be transported, including the prisoner's name, sex, race, age, location, the charges under which the prisoner is being held, the amount of bail, and the name of the court that issued the warrant for his arrest. Notification will also include the date of arrest and the date when the prisoner will be available for transportation to San Mateo County. 3. Starting and ending locations shall be in accordance with the policies established by Los Angeles County. If Los ~ Angeles County wishes to leave a City prisoner at a location outside of San Mateo County, City shall be responsible for transporting the prisoner from the agreed upon location back to San Mateo County; provided that, at City's request, San Mateo County will transport the prisoner back to San Mateo County and City will reimburse San Mateo County for all costs incurred by San Mateo County. 4. San Mateo County will confirm receipt of the notifi- catiion by sending a return message via CLETS to City and will also indicate the expected date of delivery of the prisoner to San Mateo County. 5. Los Angeles County will be responsible for the physical custody, safety, and timely delivery of each City prisoner when the prisoner, his property, and the necessary paperwork have been: from the arresting law enforcement agency by Los Angeles1 accepted t County Sheriff's Department's transportation personnel. 6. City acknowledges that Los Angeles County reserves the !right to refuse to transport any ill or injured City prisoners. Such ill or injured prisoners may be transported by Los Angeles County, but only upon clearance for such a trip by a medical doctor, which shall be in writing, and signed by the authorizing medical doctor. If a City prisoner becomes ill or injured while being transported and requires professional medical examination and/or treatment, any fees for such examination or treatment shall be a proper charge to City. City also acknowledges that Los Angeles County has the right to refuse to transport any prisoner because of space limitations on transport vehicles or because overnight custodial accommodations will not be available while traveling to or from Los Angeles County. Los Angeles County is obligated to notify San Mateo County if Los Angeles County refuses to transport a City prisoner. If this occurs, County will notify City via CLETS of this fact and the reasons, t 7. City also recognizes that Los Angeles County will not transport male prisoners under eighteen (18) years of age or any female prisoners, regardless of age. 8. City will pay San Mateo County the full amount charged by Los Angeles County for the transportation of all City prison- ers. City recognizes and agrees that the rates charged by Los Angeles County may be changed at any time without notice to City.! San Mateo County hereby reserves the right to charge City a minimum service fee in the future if extending these trans- portation services tgrough Los Angeles County causes San Mateo County to incur charges which San Mateo County considers excessive. If County charges City a minimum service fee, such fee can be added without re-negotiating this agreement provided both City and County agree upon the fee. The rates shall be based upon cost per seat per mile directly incurred by San Mateo County and cost for meals provided to City prisoners. San Mateo County will send an invoice to City at such times as San Mateo County chooses, for all prisoner transportation charges provided to City during the period covered by the invoice. City will pay the full amount of the invoice within thirty (30) days of the date of the invoice. In no event shall the cost of this agreement to City exceed the amount of two thousand dollars ($2,000) in any single fiscal year. San Mateo County shall not allow City to use the prisoner transportation system after this limit has been reached until the contract is re-negotiated upward to a level acceptable to both San Mateo County and City. San Mateo County also reserves the right to negotiate a higher amount in future fiscal years if City's usage causes the limit to be exceeded. 9. City will indemnify, defend, and hold harmless San Mateo County, its officers, employees, agents and servants, from and against all claims, suits, or actions of every name, kind, and description which result from or in any way arise out of the provision of prisoner transportation services to City under this agreement; provided that City's duty to indemnify, defend, and hold the County harmless shall not apply to claims, suits, or actions based solely on the negligent or intentional acts of San Mateo County. 10. THIS AGREEMENT shall become effective on the date it is executed by San Mateo County and shall be effective until June 30, 1989. County or City may terminate this agreement at any time upon thirty (30) days written notice to the other party. Clerk of the Board ATTEST: COUNTY OF SAN MATEO By President, Board of Supervisors CITY OF· SOUTH SAN FRANCISCO Clerk of City Council APPROVED AS TO FORM: VALERIE J.~"ARMENTO GITY ATTORNEY. Certificate of Delivery (Gore rn ment Code' section 25103) I certify that a copy of the original document filed in the Office of the Clerk of the Board of Superv~ors of Sa.9 Mateo C_oun~ ha:.~l~een _ / c:eiive red to the Preaiden~~Fe~r~,~./~ ~~ Clerk of the Board o! Supervi.~crs