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HomeMy WebLinkAboutCC 6 D.A. PROSECUTION C 2-21-84 NO, 6 2-21-84 . Inter-Corn TO: FROM: SUBJECT: MARY WYNN, CITY CLERK JAMES G. ROURKE, CITY ATTORNEY MISDEMEANOR PROSECUTION CONTRACT WITH OFFICE OF THE DISTRICT ATTORNEY / Enclosed please find agreement proposed between the City of Tustin and the Office of the District Attorney of the County of Orange for prosecution of City misdemeanors by the District Attorneys office. This form of agreement is exactly like that which was previously provided execpt that the costs are slightly higher. Please cause this matter to be put before the City Council for their approval of the agreement and authorization and direction to the Mayor and City Clerk to execute the same. Upon execution please forward same to this office together with a certified copy of the action of the City Council in approving the agreement. I recommend to the City Council that they so approve and authorize the execution of this agreement. JgR:se:D:2/7/84(74) Enclosure cc: WH 2 3 4 5 6 7 8 9 10 11 12 13 14 ~o~° ~.,.~ 16 18 19 20 21 22 25 24 ~ 26 27 2BS: sc 5/25/83 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." WITNES 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 muni- cipal courts. 2. Fo? the purpose of performing said functions, COUNTY shall provide all manpower and supervision .necessary to maintain the Service 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 em- ployment. 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 2 employees harmless from any and all claims for damages resulting there- 3 from. 4 6. Both CITY and COUNTY shall hold each other harmless from 5 liability for acts or omissions of the other. 6 7. (a) Referrals for Complaints. CITY may refer suspected vio- 7 lations of its criminal ordinances to the District Attorney for a de- 8 termination as to whether a criminal complaint should be filed. CITY 9 agrees to pay COUNTY the sum of Forty-three Dollars and Fifty Cents 10 ($43.50) for each referral, without regard to the issuance of a complaint. ]! As used herein, a "referral" means an occurrence constituting an al- 12 leged violation of one or more CITY ordinances by one person. CITY 13 will provide invesLigation, reports, copies of its ordinances, and ad- 14 ditional evidence as requested by the District Attorney. In cases ~ 1~11 where prosecution is authorized by the District Attorney, he will draft r 25 ~ 26 ? ,~ 27 ~ 16 and prepare the complaint. When "not guilty" pleas are entered on such § ]7 complaints, the District Attorney will prosecute such cases through 18 trial without further charge, except as provided in Paragraph 7(c) 19 herein. 20 (b) Additional Prosecution. Trials of violations of CITY 21 criminal ordinances will be prosecuted by the District Attorney on 22 citations for parking and animal control violations and complaints 23 issued in accordance with Paragraph 7(a) herein. Trials on complaints 24 and citations issued otherwise will not be tried by the District At- torney without the consent of his deputy-in-charge of the branch office serving the judicial district in which CITY is located. The District Attorney has the right to determine that special ordinances of exclu- sively local concern should be prosecuted by the City Attorney. CITY 5/26/83 0~ 2 4 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 24 ~ 26 27 agrees to pay COUNTY Forty-three Dollars and Fifty Cents ($43.50) for each such prosecution except as provided in Paragraph 7(c) herein. As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for one De- fendant's trial. Where the 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 dis- position of all complaints, trials, and appeals herein described in accordance with the duties of his office, CITY will provide investiga- tion, 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 information and official documentation of ownership and licensing of vehicles cited under CITY's parking ordinances. (c) Special Costs. CITY may request the District Attorney to file, answer, and litigate appeals from convictions from CITY's ordinances. CITY agrees to pay to COUNTY for such services on appeals the sum of Thirty-nine and no/100 Dollars ($39.00) per hour of attorney time and Eighteen and no/100 Dollars ($18.00) 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 prosecutions in excess of one day, at ~he rate specified in this paragraph. (d) The above rates shall be reviewed annually by COUNTY 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. /26/83 3. 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of ser- vices 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 re- ceived 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 their 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 te~m of FIVE (5) YEARS , commencing March 1 , 19 83 , provided that either party may tezminate upon thirty (30) days' written notice. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be exe- cuted 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 / / / / / /26/83 4. 8 9 10 11 12 14 0 18 19 20 21 24 27 by its Mayor and attested by the City Clerk on the dates set opposite their respective signatures. DATED: COUNTY OF ORANGE, a political subdi- vision of the State of California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By Chairman of its Board of Supervisors JUNE ALEXANDER Clerk of the Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL · Deputy DATED: Q ' 2?' ~3 DATED: 13ate z. -'~-~ C~ Am~rney ATTEST: By CITY OF TUSTIN A Municipal Corporation Mayor By City Clerk 2 3 5 6 7 8 9 10 12 13 14 § 17 18 19 20 21 22 24 ~' 25 ~ 26 g 27 · A~REEMY_/qT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a body politic and corporate, hereinafter designed as "COUNTY", and the CITY OFTUSTIN , a municipal corporation, located in the County of Orange, hereinafter designated as "CITY". WI TNES SETH : In consideration of the terms, covenants, conditions, and promises t¢ 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 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 othemwise 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 for the negligence of CITY or any of its 11/3/81 CBS:mab 1. 2 5 6 7 9 10 12 13 14 o~ 17 18 20 21 22 23 2~ ~ .25 ~ 26 · 27 officers or employees; and CITY shall hold COUNTY, its office~s 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 ~rty D~ll=~~0~ for each referral, without regard to the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an alleged viola- tion of one or more CITY ordinance by one person. CITY will provide investigation, reports, copies of its ordinances, and additional evidence as requested by %he District Attorney. In ~ases where~prosecution is authorized by the District Attorney, 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. Trials of violations of CITY criminal ordinances will be prosecuted by the District Attorney on citations ~for parking and animal control violations and complaints issued in accordance with Paragraph 7(a) herein. Trials on complaints and citations issued otherwise 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 District Attorney has the right to determine that special ordinances of exclusively local concern should be prosecuted by the City Attorney. CITY agrees to pay COUNTY ~Qw~y D~llar~ -00~...for each such prosecution ! except as provided in Paragraph 7(c) herein. As used herein, 2 "prosecution" means the District Attorney's appearance in court after 5 witnesses are subpoenaed on the first setting for one defendant's trial. 4 Where the CITY asks'the District Attorney to request dismissal before 5 subpoenas have been issued, no charge will be made. As prosecutor, the 6 District Attorney has the right to control the disposition of all com- 7 plaints, trials, and appeals herein described in accordance with the 8 duties of his office. CITY will provide investigation, reports, cita- 9 tions, copies of its ordinances, and additional evidence necessary for 10 trial as requested by the District Attorney. This includes, but is not 1! limited to, Department of Motor Vehicles' registration info£mation and !2 official documentation of ownership and licensing of vehicles cited !5 under CITY's parking ordinances. ]4 (c) Special Costs. CITY may request the District Attorney ~, 15 to file answer, and litigate appeals from convfctions from CITY's ~ ~ 16 ordinances. CITY agrees to pay to COUNTY for such services on appeals o~ o' 17 the sUm of T~irC~-=i~ and no/~00 ~oll&r~ ~$~6.00) per hour of attorney 18 time and s~x~ccn an~ ~u/lOu molla~= ($16.00) per hour of clerk typist's ~9 or stenographer's time. In addition to charges described in paragraphs 20 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time including 21 preparation, spent prosecutions in excess of one day, at the rate 22 specified in this paragraph. 25 (d) The above rates shall be reviewed annually by COUNTY 24 Auditor-Controller, and if it is determined that a change in the rate ~ 2~ is necessary to reflect change in costs to COUNTY, COUNTY shall notify ~ 26 CITY of such change prior to June 30th, and the change shall become ~ 27 effective the following July 1st. 619182 3