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1982-179-Authorizing An Agreement For The Transportation Of PrisonersRESOLUTION 1982 -179 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE TRANSPORTATION OF PRISONERS RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into that agreement for the transportation of prisoners with the County of Santa Clara, a copy of which is attached hereto, and that the Mayor is authorized, and he is hereby directed, to execute said agreement in behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 4th day of October 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Marlyn J. Rasmussen, Peter W. Siemens, and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Thomas J. Ferrito SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: DEPUTY CLERK. OF THE TOWN t F LOS GATOS { J r AGREEMENT FOR THE TRANSPORTATION OF PRISONERS This agreement dated for the purposes of reference on September 14 1982, is made by and between the City of Los Gatos , hereinafter referred to as "City" and the County of Santa Clara, hereinafter referred to as the "County." Recitals A. Persons are frequently arrested or detained in jurisdictions throughout the State of California on the authority of warrants issued from the City. Such persons are then placed in custody by the arresting agency pending return to the City. B. The City is responsible for the transportation of said prisoners from the location where they are in custody to the County of Santa Clara. C. The Sheriff's Department of the County of Los Angeles operates a statewide prisoner transportation system with scheduled weekly trips throughout the State of California. D. The City is desirous of contracting with the County for the performance of transpor- tation services as provided for by the Los Angeles County Sheriff's Department. The Sheriff's Department of the County is willing and able and desires to perform the service. E. A contract of this kind is authorized by Section 51301 of the California Government Code. Wherefore, in consideration of the promises and convenants contained herein, the parties agree as follows: 1. The County, upon the request by the City, will arrange for the transportation to the County of Santa Clara through the use of the County of. Los Angeles Sheriff's Department transportation system, of prisoners arrested and held by other law enforcement agencies within the State on authority of warrants issued from the City. 2. Such prisoner transportation services provided by the County Sheriff's Department shall be in accordance with the contractual agreement between the County Sheriff's Department and the County of Los Angeles Sheriff's Department according to schedules established and maintained by the Sheriff's Department of the County of Los Angeles. 3. The City upon being notified that one of their prisoners is being held by another law enforcement agency within the State of California, and desiring that such prisoner be transported to the County of Santa Cara by the County of Los Angeles Sheriff's Department, shall notify the County Sheriff's Department's Transportation Section. Notification shall be in the form of a SLETS administrative message requesting transportation of specifically identified individuals and will include the prisoner's name, sex, race, age, location where being held, charge(s) being held under, amount of bail, and the name of the court that issued the warrant for his arrest. The message will also indicate the date of arrest and when the prisoner will be available for the transportation to the County of Santa Clara. 4. The County Sheriff's Department's Transportation Section will then send a_retur.n message via SLETS.to the City confirming receipt of the notification and request for prisoner transportation and indicating the expected date of delivery of the prisoner to the County of Santa Clara. 5. Whereas, provided in the contract between the County Sheriff's Department and the County of Los Angeles Sheriff's Department, the County of Los Angeles shall be responsible for the physical custody of the City's prisoners beginning when the prisoners, their property and their necessary paperwork have been accepted from the arresting law enforcement agency by the County of Los Angeles Sheriff's Department transportation personnel. 6. Whereas provided in the contract between the County Sheriff's Department and the County of Los Angeles Sheriff's Department, the County of Los Angeles 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, but only upon clearance for such a trip by a medical doctor, which shall be in writing, signed by the authorizing medical doctor. The County of Los Angeles further reserves the right to refuse to transport any prisoner due to space limitation on transport vehicles or in consideration of overnight custodial accomodations enroute to the County of Santa Clara or enroute to the County of Los Angeles. If the County of Los Angeles refuses to transport a prisoner, it shall immediately notify the County Sheriff's Department's Transportation Section. The County Sheriff's Department's Transportation Section shall immeidately notify the requesting City via "SLETS" of this fact and the reason thereof. 7. This agreement only applies to transportation of male prisoners, 18 years of age or older. 8. County of Los Angeles upon acceptingthe City prisoner's transportation, shall be responsible for the prisoner's safe keeping while transporting, and the timely and punctual delivery of prisoner(s) to the jail facilities designated by the County. Should there be a delay in said delivery, the County Sheriff's Department, after notification by the County of Los Angeles, shall immediately notify the City requesting the transportation, via SLETS, of the delay, the reason therefore, and the expected delivery date. 9. Whereas provided in the contract between the County Sheriff's Department and the County of Los Angeles Sheriff's Department, the rendition of the above described services, discipline of the County of Los Angeles officers, and other matters incident to the performance of such services and the control of the County of Los Angeles personnel so employed, shall be pursuant to the rules and regulations of the County of Los Angeles in the event of a dispute between the parties as to the extent of duties and functions to be rendered hereunder. On the minimum level or manner of performance of suci services, determination thereof made by the County of Los Angeles shall be final and conclusive as between the parties. 10. The rates charged for said transportation services by the County of Los Angeles pursuant to this agreement shall approximate the actual costs to the County of Los Angeles and shall be determined and annually adjusted by the County of Los Angeles Auditor /Controller. The rates will be based on a cost per seat, per mile. The rate charged to the City by the County Sheriff's Department will be the rate charged by the County of Los Angeles plus a payment to the County to be determined and annually adjusted by the County of a consideration agreed upon, which shall be paid to the County Treasurer. 11. Toe County shall deliver to the City within ten days after the end of each calendar month, an itemized invoice which covers all services performed during said month by the County of Los Angeles. The City shall pay the County for said services within 30 days after the date of said invoice. If payment is not delivered to the County office described on said invoice within 30 days after the date of invoice, the County is entitled to interest hereon at t;ie rate of seven percent (7%) per annum, and said interest shall begin to accrue 30 days after the date of the invoice and continue until such time as the payment is delivered to the County. The amount of interest due shall be calculated by the County and added to the next regular itemized invoice. 12. The parties agree that neither the County, any officer, agent or employee thereof, shall be responsible for any damage or liability resulting from anything done or omitted to be done by the County of Los Angeles or any officer, agent, or employee thereof under or in connection with any authority or jurisdiction delegated to the County of Los Angeles under the agreement. 13. It is understood and agreed that the City shall fully indemnify, defend, and 'hold the County, its officers, agents, and employees harmless from any liability resulting from anything done or omitted to be done by the County or any officer, agent, or employee thereof under or in connection with any authority or jurisdiction delegated to the County under this agreement. The City, at its own expense will defend the County against any claim or suit arising out of anything done or omitted to be done by the City or any officer, agent, or employee thereof under or in connection with the authority or jurisdiction delegated to the County under this agreement. 14. This agreement shall become effective on the date it is executed by the County and shall be in effect for a period of five (5) years thereafter. In no event to extend beyond June 30, 1937. The County, or the City may terminate this agreement upon thirty (30) days written notice to the other party. ti 15. T1is agreement may only be amended by a writing setting forth the contemplated change and an effective date therefore, executed in like manner as the original agreement. In Witness Uliereof, the City by order of its City Council causes this agreement to be signed by its Mayor, and attested by its Clerk, and the County by order of its Board of Supervisors, causes this agreement to be subscribed by the Chairperson of said Board and Seal of said Board to be affixed hereto, and attested by the Clerk of said Board, all on the day and year indicated hereon. City of Los Gatos DATED: " =`ir , BY Z r 1/ ✓ MAYOR ATTEST: DEPUTY CLERK DATED: ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM: COUNTY COUNSEL County of Santa Clara CHAIRPERSON OF BOARD OF SUPERVISORS