CONTRACT 5793 OtherAgreement No. 5793
AGREEMENT BETWEEN
THE CITY OF HAWTHORNE AND THE CITY OF EL SEGUNDO
FOR SUPPLEMENTAL LAW ENFORCEMENT (JAIL) SERVICES
'I
'his lais riga°eeaaent is iaaade tlas n ej day of 2019, by and betweear the City cal" El
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Segundo, California ("El Segundo") and the City of Hawthorne, California ("Hawthorne"), both
of which are California municipal corporations and general law cities (hereinafter referred to
individually as a "Party" and collectively as the "Parties").
RECITALS
A. Pursuant to Government Code sections 54981 and 54982, the legislative body of any
local agency (here, El Segundo) may contract with another local agency (here,
Hawthorne) for the performance of municipal services or functions, including law
enforcement services.
B. El Segundo operates a police department with limited personnel resources in the
position of Jailer. Like most law enforcement agencies, El Segundo experiences a
significant surge in arrests and bookings over the weekend. This increase is mainly
attributable to the typical "weekend" type calls and incidents (DUI's, Accidents
involving DUI suspects, loud music/ party calls).
C. During such a high surge of incidents over the weekend, El Segundo cannot meet the
burdens of jail staffing solely with in-house resources;
D. Therefore, El Segundo is desirous of contracting with Hawthorne for supplemental
jail services as described herein; and
E. Hawthorne is willing and able to render these supplemental jail/ custody services to
El Segundo pursuant to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the foregoing and of the covenants and conditions set
forth below, the Parties agree as follows:
1. Scol.ae of Services.
1.1. Hawthorne agrees, through its police department, to allow El Segundo to book
and house El Segundo's in custody arrests at the Hawthorne City Jail during
weekend hours. For the purpose of this agreement, "weekend hours" start at 0500
hours on Friday and end on Monday at 0500 hours each week. If Hawthorne
requires additional staffing to properly maintain jail operations with the additional
El Segundo bookings, the classification and approximate number of personnel
provided by Hawthorne and the hours and descriptions of duties performed by
each Hawthorne employee shall be determined and mutually agreed upon by El
Segundo and Hawthorne prior to the continued provision of supplemental jail
services.
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Agreement No. 5793
1.2. Hawthorne shall furnish and supply all necessary labor, supervision, personnel,
equipment, conununications, and meals for inmates, and supplies necessary to
provide the jail services to be rendered herein. Hawthorne will also provide access
to and a location for El Segundo detectives to interview any of El Segundo's
arrestees while in custody at the Hawthorne jail.
1.3. The services performed by Hawthorne, the discipline of Hawthorne employees,
and other matters incident to Hawthorne's performance of supplemental law
enforcement (jail) services, including the control of its employees, shall remain
with Hawthorne and shall be performed pursuant to Hawthorne's police
department's policies and procedures.
1.4. Under no circumstances shall Hawthorne's inability or failure to provide jail
services because of an emergency, disaster, or other- major incident constitute a
breach of this Agreement.
1.5. In consideration of the above, El Segundo agrees to do the following:
1.5.1. Make available to Hawthorne any currently existing documents, data, or
information required for the performance of the services.
1.5.2. Designate a representative authorized to act on behalf of El Segundo with
respect to Hawthorne's jail operations.
1.5.3. Promptly examine and render findings on all documents submitted by
Hawthorne for staff review by El Segundo.
1.5.4. El Segundo will drop off its imnates Friday morning at approximately
0500 hours and pick them up on Monday morning at 0500 hours, except
for the inmates that will go to court Monday morning. El Segundo inmates
with Monday court appearances will be transported to court by Hawthorne
as part of its court run.
1.5.5. El Segundo will utilize its Vital Medical contract for medical clearances
for inmates who are or will be housed at the Hawthorne City Jail. If
Hawthorne jail personnel determine that non -emergency medical services
are needed for an El Segundo inmate, Hawthorne will immediately notify
El Segundo staff of the need for non -emergency medical services. In the
event that an inmate requires emergency medical services requiring
immediate transport, Hawthorne personnel will take necessary steps to
assure that emergency medical treatment and transport is provided. El
Segundo will immediately respond to the medical facility where the El
Segundo inmate is transported to provide police services while the inmate
is hospitalized. El Segundo will be responsible for the cost of medical
treatment of El Segundo inmates.
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Agreement No. 5793
1.5.6. El Segundo patrol officers will respond to the Hawthorne City Jail for any
transportation needs of El Segundo's imnates (such as non -emergency
medical needs, IRC, CRDF, Eastlake, etc.).
1.5.7. El Segundo will take and house all bulk property belonging to El Segundo
arrestees/inmates at the El Segundo police station. If contraband is found
during the prisoner search, it is El Segundo's responsibility to retrieve and
preserve those item(s) found.
1.5.8. El Segundo will handle all arrangements for bail bonds of El Segundo
arrestees and other requests related to El Segundo arrestees at the El
Segundo police station.
1.5.9. El Segundo will handle all records management related to El Segundo's
inmates/ arrestees.
1.5.10. El Segundo will assess the legality of all arrests prior to bringing them to
Hawthorne. It will be assumed, and Hawthorne will rely upon El
Segundo's decision, that the arrests have met the legal requirements to be
arrested and housed. El Segundo will defend and indemnify Hawthorne
against claims of false arrest and/or false imprisonment of El Segundo
arrestees as set forth more fully in paragraph 11 below.
1.5.11. El Segundo will be responsible to complete all Probable Cause
Declarations (PLDs) and other reports at the El Segundo police station.
1.5.12. El Segundo will immediately notify a Hawthorne Watch Commander
should a PCD be rejected or for any other reason that an inmate should be
released.
1.5.13. El Segundo will complete a Hawthorne pre -booking form as well as
medical screening form for all arrests brought to the Hawthorne City Jail.
2. Cost Reiinbur.sement. El Segundo will compensate Hawthorne for the services
performed in an amount not to exceed $7,500.00 a month. The amount is based on an average of
25 arrestees a month. If the average number of arrestees per month over any six month
consecutive period is above 25 arrestees per month El Segundo agrees to renegotiate the terms of
this Agreement. Hawthorne shall deliver to El Segundo a written estimate of costs for providing
services. Hawthorne will invoice El Segundo for the services within thirty (30) days following
completion of each month services were provided. El Segundo will pay any undisputed amount
within thirty (30) days of receipt of the invoice. The invoice and payment shall each be delivered
pursuant to the Notice requirements in Section 8.
3. "1"erin of Aareenie'iit. This Agreement is effective upon execution by both Parties and
shall remain in effect until the Agreement is terminated. Either party may terminate this
Agreement No. 5793
agreement, at any time. Any services provided until the date of termination will be pro -rated
appropriately. El Segundo will remain liable for services provided up to the date of the
termination, and until the final disposition of all El Segundo arrestees/inmates housed in the
Hawthorne jail.
4. Status of the Parties. Hawthorne is acting as an independent contractor. Each Hawthorne
employee shall remain in the fulltime employ of Hawthorne—, and El Segundo shall have no
liability to Hawthorne for any compensation or benefits of any Hawthorne employee, including
but not limited to workers' compensation coverage, in connection with the performance of duties
for El Segundo.
5. Official Status of Hawthorne Officers and Eniuloyees. For the purpose of performing
services and functions pursuant to this Agreement and only for the purpose of giving official
status and authority to the performance thereof, and not to establish an agency or employment
relationship, El Segundo employees have the authority to transport and submit for housing at the
Hawthorne jail El Segundo arrestees. Hawthorne employees have the same authority over El
Segundo arrestees/inmates as they do over Hawthorne's arrestees/inmates, so long as the
authority/service is within the scope of this Agreement.
6. Modification. This Agreement may be modified only by a written agreement executed by
both of the Parties.
7. AssigflrilreaLtt. The Parties understand that their unique status as public entities is the sole
inducement for each to enter into this Agreement. For this reason, the Parties agree that they will
not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or
transfer any portion of this Agreement will be void.
8. Notices. All notices required by this Agreement must be in writing and will be deemed
served when delivered personally, by email, or on the third business day after deposit in the
United States mail, postage prepaid, registered or certified, addressed as follows:
CITY OF EL SEGUNDO:
City Manager
350 Main Street
El Segundo, CA 90245
Email: smitnick@elsegundo.org
CITY OF HAWTHORNE:
City Manager
4455 W. 126th Street
Hawthorne, CA 90250
Email: Dish idbeiii�(r lra%Artlroa-iieca.Lyov
California Law. This Agreement shall be construed in accordance with the laws of the
State of California.
10. Insurance. Hawthorne maintains sufficient liability coverage against claims for injuries
to persons or damage to property that may arise from or in connection with the performance of
the services by Hawthorne or Hawthorne's agents, representatives, and employees for the
duration of this Agreement. Hawthorne shall furnish El Segundo with original certificates or a
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Agreement No. 5793
letter of self-insurance to satisfy the insurance coverage required herein. Hawthorne must obtain
insurance that, at a minimum, meets the requirements for insurance as set forth below:
10.1 The City of Hawthorne is a self-insured public entity with a self-insured retention
limit of $500,000.00. An excess liability policy is provided through the Independent
Cities Risk Management, 18201 Von Karnan, Suite 200, Irvine, CA 92612, (949) 349-
9882, in the amount of $3,000,000.00.
10.2 Workers Compensation Insurance. Hawthorne shall maintain workers compensation
insurance as required by the State of California, with a limit of no less than $1,000,000
per accident for bodily injury or disease.
11. Indernnification.
11.1 In contemplation of the provisions of Section 895.2 of the California Government
Code imposing certain tort liability jointly upon public entities solely by reason of
such entities being parties to an agreement, each of the parties to this Agreement,
to the maximum extent permissible by law, will assume the full liability imposed
upon it or any of its officers, agents or employees for injury caused by any act or
omission occurring in each party's performance of this Agreement to the same
extent that such liability would be imposed in the absence of Section 895.2. To
achieve such purpose, and pursuant to Government Code Section 895.4, each of
the parties indemnifies and holds harmless the other party for any liability, cost or
expense, as described below.
11.2 The City of El Segundo shall indemnify and hold harmless the City of Hawthorne
and its officers, agents and employees, or any of them, from any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever, by reason of or arising out of any act or omission of the City of El
Segundo, its officers, agents and employees, or any of them, in the performance
of this Agreement. In the event that any such suit based upon such claim, action,
loss or damage is brought against the City of Hawthorne, the City of El Segundo
shall defend the same at its sole cost and expense; provided, that the City of
Hawthorne reserves the right to participate in such suit if any principle of
government law is at issue. If final judgment in such suit be rendered jointly
against the City of Hawthorne and the City of El Segundo and their respective
officers, agents and employees, or any of them, and the City of El Segundo is held
solely liable, the City of El Segundo shall satisfy the same. If both the City of
Hawthorne and the City of El Segundo are held liable for each party's respective
act or omission, each agrees to pay its pro rata share based on its percentage of
fault, in satisfaction of the judgment.
In executing this Agreement, the City of El Segundo does not assume liability or
responsibility for or in any way release the City of Hawthorne from any liability
or responsibility which arises in whole or in part from the existence or effect of
City of Hawthorne policies, procedures, rules or regulations. If any cause, claire,
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Agreement No. 5793
suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City of Hawthorne policy, procedure,
rule or regulation is principally at issue, the City of Hawthorne shall defend the
same at its sole expense and if judgment is entered or damages are awarded
against the City of Hawthorne, the City of El Segundo or both, the City of
Hawthorne shall satisfy the same, including all chargeable costs and attorney's
fees.
11.2 The City of Hawthorne shall indemnify and hold harmless the City of El Segundo
and its officers, agents and employees, or any of them, from any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever, by reason of or arising out of any act or omission of the City of
Hawthorne, its officers, agents and employees, or any of them, in the performance
of this Agreement. In the event that any suit based on such a claim, action, loss or
damage is brought against the City of El Segundo, the City of Hawthorne shall
defend the same at sole costs and expense; provided that the City of El Segundo
retains the right to participate in said suit if any principle of government law is at
issue. If final judgment in such suit be rendered jointly against the City of El
Segundo and the City of Hawthorne and their respective officers, agents and
employees, or any of them, and the City of Hawthorne is held solely liable, the
City of Hawthorne shall satisfy the same. If both the City of Hawthorne and the
City of El Segundo are held liable, each agrees to pay its pro rata share based on
its percentage of fault, in satisfaction of the judgment.
In executing this Agreement, the City of Hawthorne does not assume liability or
responsibility for or in any way release the City of El Segundo from any liability
or responsibility which arises in whole or in part from the existence or effect of
City of El Segundo policies, procedures, rules or regulations. If any cause, claim,
suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City of El Segundo policy, procedure,
rule or regulation is principally at issue, the City of El Segundo shall defend the
same at its sole expense and if judgment is entered or damages are awarded
against the City of El Segundo, the City of Hawthorne or both, the City of El
Segundo shall satisfy the same, including all chargeable costs and attorney's fees.
12. POST, -Certified Personnel. If Hawthorne provides peace officer/ jail personnel for
services pursuant to this Agreement then said peace officer- personnel shall meet the current
minimum selection and training standards for California law enforcement developed by the
California Commission on Peace Officer Standards and Training (POST).
13. Preservation of Agreement. Should any provision of this Agreement be found invalid or
unenforceable, the decision shall affect only the provision interpreted, and all remaining
provisions shall remain enforceable.
14. Entire Agreement. This Agreement supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter herein. Each Party to this
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Agreement No. 5793
Agreement acknowledges that representations by any party not embodied herein, and any other
agreements, statements, or promises concerning the subject matter of this Agreement, not
contained in this Agreement, are not valid and binding. Any modification of this Agreement will
be effective only if it is in writing signed by both of the Parties. Any issue with respect to the
interpretation or construction of this Agreement is to be resolved without resorting to the
presumption that ambiguities should be construed against the drafter.
15. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this Agreement.
16. Disorimination, Hawthorne may not discriminate in the provision of services hereunder
because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital
status, AIDS, or disability.
17. Nuisance. Hawthorne may not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under this
Agreement.
18. Dismite Resolution. The Parties shall attempt in good faith to resolve any dispute arising
out of or relating to this Agreement promptly by negotiations between the Parties' authorized
representatives. The disputing Party shall give the other Party written notice of any dispute.
Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at
a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary
to exchange information and to attempt to resolve the dispute. If the matter has not been resolved
within thirty (30) days of the first meeting, any Party may initiate a nonbinding mediation of the
dispute. The mediation shall be facilitated by a mediator that is acceptable to both Parties and
shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the
mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter
into a written agreement for the mediation services with each Party paying a pro rata share of the
mediator's fee, if any. Each Party shall bear its own legal fees and expenses. If, after good faith
efforts to mediate a dispute the Parties cannot agree to a resolution of the dispute, any Party may
pursue whatever legal remedies may be available to it at law or in equity, before a court of
competent jurisdiction and with venue in Los Angeles County.
19. Sur%,ival oft°�lvrisiodrs and ObhLations. Any provision of this Agreement, which by its
nature must be exercised after termination of this Agreement, will survive termination and
remain effective for a reasonable time. Any obligation that accrued prior to termination of this
Agreement will survive termination of this Agreement.
20. Third Party Beneficiaries. This Agreement shall not be construed as an attempt to create
a third party beneficiary contract. This Agreement is for the sole benefit of its Parties; no other
person or entity shall benefit from its terms.
21. Counterparts. This Agreement may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on
the same date.
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Agreement No. 5793
IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day
and year first shown above.
CITY1r�k �'EL SEGUNDO
/9
cott
�Mitnick
City Manager
ATTEST;,
4-\
City Clerk
APPROVED AS TO FORM:
IJP" � �
Mark Hensley, c"
CITY OF HAWTHORN E
. .............................
Arnold S dbc:lu
Interim City Manager
Ami
.............................
c t
v
ty Clerk
APPROVED AS TO FORM:
Russell Miyahira, City Attorney
By: