HomeMy WebLinkAbout12 AG DIST. ATTORNEY 09-21-98AGENDA
DATE:
SEPTEMBER 21, 1998
NO. 12
9-21-98
Inter-Com'
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER
PROPOSED PROSECUTION SERVICES AGREEMENT WITH THE DISTRICT
ATTORNEY
RECOMMENDATION:
It is recommended that the City Council approve a Prosecution Services Agreement with the District
Attorney.
FISCAL IMPACT:
Under the agreement, the District Attorney will prosecute City citations for parking and criminal control with
no charge to the City. The cost for other prosecutions will generally be $73.00 per referral which can be
adjusted annually except for special appeal services which will be charged at a nominal hourly rate. This
is only a $2.00 per case increase over costs in the 1993 agreement.
BACKGROUND:
In July 1993 the City entered into an agreement with the County of Orange District Attorney permitting the
City to refer violations of City ordinances for prosecution by the District Attorney. Since the agreement
expired June 30, 1998, a new five-year agreement is attached for City Council consideration. The
agreement gives the City the option of referring the criminal prosecution of violations to the District
Attorney for a nominal fee. In addition, the agreement provides that the District Attorney will prosecute
City violations for parking and animal control citations at no charge to the City.
Since the City maintains the ability to prosecute City code violations that may be more sensitive, the
agreement provides staff with the flexibility to determine which code enforcement criminal prosecutions will
be referred or handled by the City Attorney's office.
Provisions of the agreement provide either party the ability to terminate upon 30 days wdtten notice.
Christine A. Shingleton
Assistant City Manager
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· AGREEMENT FOR PROSEC · ,3N SERVICES
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THIS AGREEMENT, made and entered into by and between the COUNTY OR ORANGE. a hod,.
politic and corporate (hereinafter designated as "COUNTY'), and the
a municipal corporation, located in the County of Orange (hereinafter designated as "CITY").
WlTNESSETH
In consideration of the terms, covenants, conditions, and promises to be kept, performed and
observed by the parties hereto, it is agreed as follows'
1. COUNTY. through its District Attorney and deputies, officers and employees of his
department, shall render to CITY such services as may be required to prosecute violation of CITY's
ordinances in the municipal courts.
2. For the purpose of performing said functions, COUNTY shall provide all manpower and
supervision necessary to maintain the service to be'i'endered hereunder.
3. The final authority for rendition of service, standards of performance, and other matters
incident to the performance of such service and the control of COUNTY personnel shall remain in
COUNTY.
4. CITY shall not be called upon to assume any liability for the direct payment of any salaries
,;vage.~ or other compensation to any COUNTY personnel performing services hereunder or any liability
other than that provided for by this Agreement. Except as herein otherwise specified. CITY shall not be
liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of
his employment.
5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any
liability fbr the negligence of CITY or any of its officers or employees; and CITY shall hold COL,QTY. it
officer~ and employees harmless from any and all claims for damages resulting therefrom.
Both CITY and COUNTY shall hold each other harmless from liability for acts or omissior
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of the other.
7.
(a) Referrals for Complaints. CITY may refer suspected violations of its criminal ,
ordinances to the District Attorney for a determination as to whether a criminal complaint should be filed.
.
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CITY agrees to pay CC ,rY the sum of seventy-three dolla~ ,'3.00) for each referral. ~.~,ithout regard
the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an. alleged
violation of one or more CITY ordinances by one person. CITY will provide investigation, reports, copi¢
of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecuti~
is authorized by the District Attorney. he will draft and prepare the complaint. When "not guilty" pleas ax
entered on such complaints, the District Attorney will prosecute such cases through trial without further
charge, except as provided in Paragraph 7(c) herein.
(b) Additional Prosecution. The District Attorney will prosecute CITY citations for
parking and animal control violations with no charge to CITY. Trials on other CITY citations and trials c
CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried by the District Attorney
without the consent of his deputy-in-charge of the branch office serving the judicial district in which CIT'
is located. The District. Attorney has the fight to determine that special ordinances of exclusively local
concern should be prosecuted by the city attorney: 'Except as provided in Paragraph 7(c) below, CITY
agrees to pay COUNTY seventy-three dollars ($73.00) for each prosecution of a CITY citation (other tha;
parking and animal control violations) and each prosecution of a CITY complaint not issued pursuant to
Paragraph 7(a). As used herein, "prosecution" means the District Attorney's appearance in Court after
witnesses are subpoenaed on the first setting for one Defendant's trial. Where CITY asks the District
Attorney to request dismissal before subpoenas have been issued, no charge will be made. As prosecutor.
the District Attorney has the fight to control the disposition of all complaints, trials, and appeals herein
described in accordance with the duties of his office. CITY will provide investigation, repons, citations.
copies of its ordinances, and additional evidence necessary for trial as requested by the District Attorney.
This includes,, but is not limited to, Department of Motor Vehicles' registration information and official
documentation of ownership and licensing of vehicles cited under CITY's parking ordinances.
(c) Special Costs. CITY may request the District Anomey to file, answer, and litigate
appeals of convictions of violations of CITY's ordinances. CITY agrees to pay to COUNTY for such
services on appeals the sum of sixty-five dollars ($65.00) per hour of attorney time and thirty-three dollar
($33.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs
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7(a) and 7(b) herein, _ ~TY agrees to pay COUNTY for all '~,,ne, including preparation spent tn
prosecutions in excess of one day, at the rate specified in this paragraph. '
(d) The above rates shall be reviewed annually by COUNTY's Auditor-Controller an,
if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY. COL.-NT'
shall notify CITY of such change .prior to June 30th. and the change shall become effective the followin~
July I st.
8. Within ten ( I 0) days following the end of each calendar quarter. COU,'qTy shall render t,
CITY a statement of the cost of services performed under this contract, and CITY shall pay COL .-NTY
therefor within twenty (20) days after receipt of such statement. Such statement shall consist of the hurt,
of referrals for complaints, additional prosecutions, and itemized special costs. If such payment is not
received by COUNTY within thirty. (30) days after rendition of billing, COUNTY may satisfy such
indebi~dness from any funds of CITY on deposit with COUNTY without giving further notice to CITY
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COUNTY's intention to do so. "
9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal
ordinances to the District Attorney. CITY will further provide the District Attorney with Complete detai
on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of
this Agreement.
10. This Agreement shall continue in full force and effect for a five year period, commencing
JULY O1 ,1998 and terminating on JUNE 30
2003 . provided that either party may terminate upon thirty (30) days' written notice. Termination o
this agreement shall not affect the duties of the parties that extend beyond the term.
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IN WITNESS '¢,'HEREoF. COUNTY has caused this Agreement to be executed by the Chairman
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of its Board of Supervisors and attested by the Clerk of said Board, and CITY has caused this Agreement
be executed by its Mayor and at'tested by the City Clerk on the dates set opposite their respective
signatures.
Dated: ,19 ..
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF BOARD
COUNTY OF ORANGE. a political
subdivision of the State of California
By
Chairman of its Board of Super~'isors
"COUNTY"
DARLENE J. BLOOM
Clerk of the Board of SuperviSors
Of Orange County, California
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
Dated: /~~~_~ ,1998
Dated:
ATTEST:
,1998
By.
CITY OF. TUSTIN
a municipal corporation
Mayor
By
City Clerk
"CITY"
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