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Home My WebLink AboutCC 10 OC D.A. EXT AG 11-01-93AGENDA CONSENT CALENDAR NO. 10 11-1-93.,. Inter-Com DATE: OCTOBER 25, 1993 TO: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ATTORNEY EXTENSION OF AGREEMENT WITH ORANGE COUNTY DISTRICT ATTORNEY FOR PROSECUTION OF ORDINANCE VIOLATIONS Recommendation: That the City Council approve the proposed Agreement as submitted and authorize and direct the Mayor and City Clerk to execute on behalf of the City. ~ Enclosed is a copy of the proposed extension of the Agreement between the City of Tustin and the Orange County District Attorney for its prosecution of certain violations of City Ordinances as the City deems desirable and more cost efficient for that office to handle. The City reserves the option of having the City Attorney's office handle any prosecutions the City deems preferable for any reason, e.g. the City wants closer involvement and control of the prosecution, faster response time, and/or etc. I will be happy to answer any questions the Council may have. City Attorney J OR:jab: D: 102293 (IC-4g7.jab) Enclosure AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a.body politic and corporate (hereinafter designated as "COUNTY"), and the CITY OF TUSTIN a municipal corporation, located, in the County of Orange (hereinafter designated as "CITY"). WITNE S SETH ~ 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 serv±¢e to be rendered 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, wages 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. BLS.2\25 1. 10 11 12 18 19 20 21 22 23 24 - 25 -~ 26 5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence of CITY or any of its officers or employees; and CITY shall hold COUNTY, its officers and employees harmless from any and all claims for damages resulting therefrom. 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions 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. CITY agrees to pay COUNTY the sum of seventy-one dollars ($71.00) for each referral, without regard to 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, copies of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecution is authorized by the District Att°rney, he will draft and prepare the complaint. When "not guilty" pleas are 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 on 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 CITY is located. The BLS.2\25 2. District Attorney has the right 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-one dollars ($71.00) for each prosecution of a CITY citation (other than 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 right to control the disposition of all complaints, trials, and appeals herein described.in accordance~.with the duties of his. office. CITY will · -. provide investigation, reports, 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 inforr, ation and official docUmentation of ownership and licensing of vekicles cited under CITY's parking ordinances. (c) Special Costs. CITY may request the District Attorney 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-three dollars ($63.00) per hour of attorney time and thirty dollars ($30.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time, including preparation spent in BLS.2N25 3. - 10 13 18 19 20 21 22 23 24 z 25 ~ 26 · ~ 27 ,. 28 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 and, if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30th, and the change shall become effective the following July 1st. 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services performed under this.contract, and CITY shall pay COUNTY therefor within twenty (20) days after receipt of such statement. Such statement shall consist of the number 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 indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of 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 details 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 1 , 19 93. and terminating on June 30 19 98 , provided that either party may terminate upon thirty (30) days' written BLS.2\25 4. - 14 §17 18 19 20 21 22 23 - 25 _~ 26 . 3 27 notice. Termination of this agreement shall not affect the duties of the parties that extend beyond the term. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors and attested by the Clerk of said Board, and CITY has caused this Agreement to be executed by its Mayor and attested by the City Clerk on the dates set opposite their respective signatures. Dated: , 19~. COUNTY OF ORANGE, a political sub- division of the State of California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAI~I~AN OF THE BOARD By Chairman of its Board of Supervisors "COUNTY" PHYLLIS A. HENDERSON~ ' Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: TERRY C. ANDRUS, COUNTY COUNSEL Barbara L. Stocker, Deputy Dated~ , 1993 · . Dated: , 1993 ATTEST' · By City Clerk OIlY AI'I'ORNEY BLS.2\25 a municipal corporation By. Mayor "C I TY" ·