HomeMy WebLinkAboutMINUTES - 07121994 - 1.92 TO: BOARD OF SUPERVISORS �E...•...... Contra
't••
FROM: Warren E. Rupf, Sheriff
Costa
County
�'a•.,I.
DATE: June 22, 1994
SUBJECT: PRISONER TRANSPORTATION AGREEMENT WITH LOS',-'ANGELES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize Chairperson to execute agreement with Los Angeles County Sheriff's Office for transportation of
inmates at a cost of .25 per mile (present rate) plus meals for the period of July 1, 1994 to June 30, 195
FINANCIAL IMPACT:
Estimated cost for fiscal 1994-1999 is $12,000. If Contra Costa provided this service directly, it would cost
between $50,000-$100,000 per year. During the past eight (8) years, the expense incurred has been between
$2,500 and $3,000 per year.
REASONS FOR RECOMMENDATION/BACKGROUND•
During the past eight (8) years, Contra Costa has had a contract with the County of Los Angeles which
reimburses that County for the transportation of prisoners. This contract expires July 30, 1994. The Los
Angeles County Sheriff's Department operates a bus up and down the Interstate 5 corridor which transports
Contra Costa prisoners from Los Angeles to this County and the Los Angeles prisoners from this County to Los
Angeles County. Without this agreement, we would be obligated to go to Los Angeles and pick up our own
prisoners at an estimated annual cost of$50,000-$100,000. Since Los Angeles County has a large number of
prisoners to be picked up from around the State, they have found it more cost effective to operate their own
bus service, which turns out also to be cost effective for the other participating counties. The proposed contract
would continue the agreement for another four years ending June 30, 1999. The annual mileage cost would
be adjustable annually, and there is a 30 day cancellation clause in the event of any irreconcilable difficulties.
CONSEQUENCES OF NEGATIVE ACTION•
Failure to approve this agreement will result in a significant expenditure of funds for tr ortation of inmates
either by private contractor, on an as-needed basis, or the expenditure of costs asso iat with salary and
benefits of two officers, and the purchase and maintenance of a suitable vehiclet4edica ed t this purpose.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
/ APPROVE OTHER
SIGNATURES: /
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: CAO, Justice System Programs ATTESTED
Sheriff PHIL B CHE R,CLER OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADM)NISTRATOR
Auditor (�
M382 (10,'88) BY �r�+✓ ,DEPUTY
c
1 AGREEMENT FOR THE
TRANSPORTATION OF PRISONERS
2
3 This agreement, dated for purposes of reference only,
4 , 199_, is made by and between the County of Los
5 Angeles, hereinafter referred to as "County of Los Angeles, " and
6 the County of Contra Costa, hereinafter referred to as "County of
7 Contra Costa. "
8 RECITALS•
9 A. Persons are frequently arrested or detained in
10 jurisdictions throughout the State of California on the authority
11 of warrants issued from the County of Contra Costa.
12 B. The County of Contra Costa is responsible for the
13 transportation of said prisoners from the location where they are
14 in custody to the County of Contra Costa.. This process involves
15 considerable cost.
16 C. The Sheriff ' s Department of the County of Los Angeles
17 operates a statewide prisoner transportation system with scheduled
18 weekly trips throughout the State of California.
19 D. The County of Contra Costa is desirous of contracting with
20 the County of Los Angeles for the performance of transportation
21 services by the Los Angeles County Sheriff ' s Department in or
22 around the State of California, and in or around the County of
23 Contra Costa. The Sheriff ' s Department of the County of Los
24 Angeles is willing and able and desires to perform this service.
25 E. A contract of this kind is authorized by Section 26775 of
26 the California Government Code, Title 3 , Division 2 , Part 3 ,
27 Chapter 2 , Article 8 .
28 ,1 WHEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS
1 CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
2 1. The County of Los Angeles, upon request by the County of
3 Contra Costa, will transport prisoners arrested and held by other
4 law enforcement agencies within the State on the authority of
5 warrants issued from the County of Contra Costa to a place mutually
6 agreeable to the parties; either to the County of Contra Costa or
7 to a place on the established statewide route of the Los Angeles
8 County Sheriff 's Department's Transportation Bureau.
9 2 . Such prisoner transportation services provided by the Los
10 Angeles County Sheriff 's Department shall be provided according to
11 the schedules established and maintained by the Sheriff ' s
12 Department of the County of Los Angeles.
13 3 . The County of Contra Costa, upon being notified that one
14 of its prisoners is being held by another law enforcement agency
15 within the State of California, and desiring that such prisoner be
16 transported to the County of Contra Costa or the mutually agreed
17 upon location by the County of Los Angeles, shall notify the County
18 of Los Angeles Sheriff 's Department's Transportation Bureau.
19 Notification shall be in the form of a printed message via
20 California Law Enforcement Teletype System (hereinafter referred to
21 as "CLETS") requesting transportation of specifically identified
22 individuals and will include the name of the prisoner, his sex,
23 race, age, location where being held, charge(s) being held under,
24 amount of bail, and the name of the Court that issued the warrant
25 for his arrest. The message will also indicate the date of arrest
26 and when the prisoner will be available for transportation to the
27 County of Contra Costa or location of mutual agreement.
28 4 . The County of Los Angeles Sheriff ' s Department's
2
1 Transportation Bureau will then send a return message via CLETS to
2 the agency of the County of Contra Costa requesting transportation,
3 confirming receipt of the notification and request for prisoner
4 transportation, and indicating the expected date of delivery of the
5 prisoner to the County of Contra Costa or location of mutual
6 agreement.
7 5. The County of Los Angles shall be responsible for the
8 physical custody of County of Contra Costa prisoners beginning when
9 the prisoners, their property and their necessary paper work have
10 been accepted from the arresting law enforcement agency by the
11 County of Los Angeles Sheriff ' s Department ' s transportation
12 personnel.
13 6 . The County of Los Angeles hereby reserves the right to
14 refuse to transport any ill or injured County of Contra Costa
15 prisoner. Such ill or injured prisoner may be transported by the
16 County of Los Angeles, but only upon clearance for such a trip by a
17 medical doctor, which shall be in writing, signed by the
18 authorizing medical doctor. In the event that a well prisoner
19 transported on behalf of County of Contra Costa, becomes ill or
20 injured en route, and requires professional medical examination
21 and/or treatment, such fees for examination and/or treatment shall
22 be a proper charge to the County of Contra Costa. The County of
23 Los Angeles further reserves the right to refuse to transport any
24 prisoner due to space limitations on transport vehicles or in
25 consideration of overnight custodial accommodations en route
26 to/from Los Angeles County. If the County of Los Angeles refuses
27 to transport a prisoner, it shall immediately notify the requesting
28 County of agency, via CLETS, of this fact, and the reason therefor.
3
1 7 . The County of Los Angeles will only transport male
2 prisoners 16 years of age or older.
3 8 . The County of Los Angeles, upon accepting County of
4 Contra Costa prisoners for transportation, shall be responsible for
5 the prisoner' s safekeeping while transporting them, and the timely
6 and punctual delivery of said prisoners. Should there by any delay
7 in said delivery, County of Los Angeles shall immediately notify
8 the agency of the County of Contra Costa requesting transportation
9 via CLETS, of the delay, the reason therefor, and the expected
10 delivery date.
11 9. The rendition of the above described services, discipline
12 of County of Los Angeles officers, and other matters incident to
13 the performance of such services and the control of County of Los
14 Angeles personnel so employed, shall be pursuant to the rules and
15 regulations of the County of Los Angeles. In the event of a
16 dispute between the parties as to the extent of the duties and
17 functions to be rendered hereunder, or the minimum level or manner
18 of performance of such service, the determination thereof made by
19 the County of Los Angeles shall be final and conclusive as between
20 the parties.
21 10. The County of Contra Costa will pay for such service or
22 services as are required and requested, and provided under this
23 contract during the Fiscal Year 1992-93 at the following rates or
24 combinations thereof, plus such additional amounts as determined by
25 the County of Los Angeles ' Auditor-Controller that will reflect any
26 amendment to the Los Angeles County Salary Ordinance related to
27 salaries and employee benefits adopted by the Board of Supervisors,
28 and departmental, divisional, bureau, and Countywide indirect
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1 expenses, applicable services and supplies, and bus maintenance
2 costs.
3 FINAL RATES FOR FISCAL YEAR 1992-93
4 Cost per Prisoner, per Mile $ . 25
5 Add: per Meal 4.54
6 In addition, if significant deputy sheriff 's time is spent in
7 booking or picking up prisoners, an hourly rate $68 .78 per service
8 hour will be added to the regularly computed service charge.
9 The foregoing rates shall be readjusted by the Los Angeles
10 County Auditor-Controller annually effective July 1 of each year to
11 reflect the cost of such service in accordance with the policies
12 and procedures for the determination of such rates as adopted by
13 the Board of Supervisors of Los Angeles County.
14 The County of Contra Costa shall be notified of the new rates
15 established by the Los Angeles County Auditor-Controller within the
16 first quarter of each fiscal year. If the cost of providing the
17 services changes at any time, the County of Contra Costa shall be
18 notified of each such change in writing and the same shall be
19 effective on the first day of the calendar month next following
20 giving of such notice.
21 11. The County of Los Angeles shall deliver to the County of
22 Contra Costa within ten days after the end of each calendar month a
23 summarized invoice which covers all services performed during said
24 month by the County of Los Angeles, and the County of Contra Costa
25 shall pay the County of Los Angeles for said services within thirty
26 (30) days after the date of said invoice. If payment is not
27 delivered to the County of Los Angeles office which is described on
28 said invoice within thirty (30) days after the date of the invoice,
5
1 the County of Los Angeles is entitled to interest thereon at the
2 rate of ten (10) percent per annum and such interest shall begin to
3 accrue thirty (30) days after the date of the invoice and continue
4 until such time as the payment is delivered to the County of Los
5 Angeles. The amount of interest due shall be calculated by the
6 County of Los Angeles and added to the next regular summarized
7 invoice.
8 12 . The County of Contra Costa agrees to indemnify, defend
9 and save harmless the County of Los Angeles, its agents, officers
10 and employees from and against any and all liability, expense,
11 including defense costs and legal fees, and claims for damages of
12 any nature whatsoever, including, but not limited to, bodily
13 injury, death, personal injury, or property damage arising from or
14 connected with the County of Contra Costa operations, or its
15 services hereunder, including any workers ' compensation suits,
16 liability, or expense, arising from or connected with services
17 performed on behalf of the County of Contra Costa by any person
18 pursuant to this agreement.
19 13 . The County of Los Angeles agrees to indemnify, defend and
20 save harmless the County of Contra Costa, its agents, officers and
21 employees from and against any and all liability, expense,
22 including defense costs and legal fees, and claims for damages of
23 any nature whatsoever, including, but not limited to, bodily
24 injury, death, personal injury, or property damage arising from or
25 connected with the County of Los Angeles ' operations, or its
26 services hereunder, including any workers ' compensation suits,
27 liability, or expense, arising from or connected with services
28 ,1 performed on behalf of the County of Los Angeles by any person
6
1 pursuant to this agreement.
2 14 . This Agreement shall become effective on the date it is
3 executed by the County of Los Angeles and shall in no event extend
4 beyond June 30, 1999 . The County of Los Angeles, or the County of
5 Contra Costa, may terminate this Agreement upon thirty (30) days
6 written notice to the other party.
7 15. This Agreement may only be amended by a writing setting
8 forth the contemplated change and an effective date thereof,
9 executed in like manner as the original Agreement.
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1 IN WITNESS WHEREOF, the County of Contra Costa by order of its
2 Board of Supervisors causes this Agreement to be signed by its
3 Chairman, and attested by its Clerk; and the County of Los Angeles,
4 by order of its Board of Supervisors, causes this Agreement to be
5 subscribed by the Chairman of said Board and the Seal of said Board
6 to be affixed hereto, and attested by the Clerk of said Board all
7 on the day and year indicated hereon.
1
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9 JUL 1 4 CO NTY CON CO T
10 Dated: By f e ..
Ch firman, Board of Supervisors
11
COUNTY OF LOS ANGELES
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Dated: By
14 Chairman, Board of Supervisors
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ATTEST: ATTEST:
16
17 LARRY J. MONTEILH
Executive Officer/Clerk of
18 the Board of Supervisors
19 n
20 By By Oji , J
21
APPROVED AS TO FORM: APPROVED AS TO FORM:
22
DE WITT W. CLINTON
23 County Counsel,--
2 4 „�-�' ,
25 By / / By D
Deputy County Co nse
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1 APPROVED AS TO ACCOUNTING FORM:
2
Auditor-Controller
3 County of Contra Costa
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By t /
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APPROVED:
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