HomeMy WebLinkAbout11 - Orange County District Attorney Office AgreementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
(June 10, 2003)
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Attorney
Robin L. Clauson, Assistant City Attorney, (949) 644 -3131,
rc la uson (cD city. newport- beach. ca. us
SUBJECT: Orange County District Attorney's Office Agreement
ISSUE:
Agreement with the Orange County District Attorney's Office for criminal prosecution of
City Municipal Code.
RECOMMENDATION:
Approve 5 year Agreement
DISCUSSION:
The City has a contract with the Orange County District Attorney's Office to prosecute
violations of the City's ordinances. The current five -year contract expires on June 30,
2003. The attached agreement would authorize the County to provide prosecution
services for the City for another five -year period beginning on July 1, 2003 and terminating
on June 30, 2008. The new agreement is virtually identical to the old one. Specifically,
under the agreement, the City may refer suspected violations of its ordinances to the
District Attorney's Office for a determination as to whether a criminal complaint should be
filed. The City agrees to pay the County $99 for each prosecution of a City citation and for
each referral, whether or not a complaint is actually issued. When "not guilty" pleas are
entered on such complaints, the District Attorney will prosecute such cases through trial
without further charge. The District Attorney will prosecute City citations for animal control
violations at no charge.
This new agreement, like the previous one, also provides that the rates for services will be
reviewed annually by the County's Auditor - Controller to determine if a change is
necessary to reflect a change in the cost to the County.
Orange County District Attorney's Office Agreement
June 10, 2003
Page 2
Under the previous agreement between the City and the District Attorney's Office, entered
into on July 1, 1998, the fee charged to handle "referrals" as well as to prosecute citations
(other than animal control citations) was $73. The County raised these rates in 1999 and
2001 to $78 and $99, respectively. Thus, the $99 rate included in the attached agreement
actually does not reflect an increase over the rates the City has been paying for these
services during the past two years.
The new agreement also provides that the City will pay the County $86 per hour of
attorney time to handle appeals of convictions, and $52 per hour for clerk- typist time. Like
the fees charged by the County for referrals and citation prosecutions, the County is not
increasing its fees for handling appeals over what the City is currently paying.
Environmental Review:
No environmental review is necessary.
Public Notice: N/A
Funding Availability: Payment is provided in the City Attorney 8080 budget. In the last
year the City was invoiced $ 8,019 for District Attorney Services.
Prepared by:
SIGNAT
Robin Clauson, Assistant City Attorney
Attachments: Agreement for Prosecution Services
FAuse rs\cat\s ha red\da\C CstaffReports \DAagt.doc
I AGREEMENT FOR PROSECUTION SERVICES
2
3 THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA,
4 a political subdivision of the State of California and a body politic and corporate (hereinafter designated as
5 "COUNTY ", and the CITY OF NEWPORT BEACH ,
6 a municipal corporation, located in the County of Orange (hereinafter designated as "CITY ").
7 WITNES ETH
8 In consideration of the terms, covenants, conditions, and promises to be kept, performed and
9 observed by the parties hereto, it is agreed as follows:
10 1. COUNTY, through its District Attorney and deputies, officers and employees of his
11 department, shall render to CITY such services as may be required to prosecute violation of CITY's
12 ordinances in the courts.
13 2. For the purpose of performing said functions, COUNTY shall provide all manpower and
14 supervision necessary to maintain the services to be rendered hereunder.
15 3. The final authority for rendition of services, standards of performance, and other matters
16 incident to the performance of such services and the control of COUNTY personnel shall remain in
17 COUNTY. The District Attorney shall have the sole and exclusive authority to determine whether a
18 criminal complaint shall be filed and determining the conduct of legal proceedings with respect to any
19 suspected violations of the CITY criminal ordinances and with respect to any additional prosecutions
20 handled by the District Attorney for CITY.
21 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
22 wages or other compensation to any COUNTY personnel performing services hereunder or any liability
23 other than that provided for by this Agreement. Except as herein otherwise specified, CITY shall not be
24 liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of
25 his employment.
26 5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any
27 liability for the negligence of CITY or any of its officers or employees; and CITY shall hold COUNTY, its
28 officers and employees harmless from any and all claims for damages resulting therefrom.
1 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions
2 of the other.
3 7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal
4 ordinances to the District Attorney for a determination as to whether a criminal complaint should be filed.
5 CITY agrees to pay COUNTY the sum of ninety -nine dollars ($99.00) for each referral, without regard to
6 the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an alleged
7 violation of one or more CITY ordinances by one person. CITY will provide investigation, reports, copies
8 of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecution
9 is authorized by the District Attorney, he will draft and prepare the complaint. When "not guilty" pleas are
10 entered on such complaints, the District Attorney will prosecute such cases through trial without further
I 1 charge, except as provided in Paragraph 7(c) herein.
12 (b). Additional Prosecution. The District Attorney will prosecute CITY citations for
13 animal control violations with no charge to CITY. Trials on other CITY citations and trials on CITY
14 complaints not issued pursuant to Paragraph 7(a) above will not be tried by the District Attorney without
15 the consent of his deputy -in- charge of the branch office serving the judicial district in which CITY is
16 located. The District Attorney has the right to determine that special ordinances of exclusively local
17 concern should be prosecuted by the city attorney. Except as provided in Paragraph 7 (c) below, CITY
18 agrees to pay COUNTY ninety -nine dollars ($99.00) for each prosecution of a CITY citation (other than
19 animal control violations) and each prosecution of a CITY complaint not issued pursuant to Paragraph 7(a).
20 As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are
21 subpoenaed on the first setting for one Defendant's trial. Where CITY asks the District Attorney to request
22 dismissal before subpoenas have been issued, no charge will be made. As prosecutor, the District Attorney
23 has the right to control the disposition of all complaints, trials, and appeals herein described in accordance
24 with the duties of his office. CITY will provide investigation, reports, citations, copies of its ordinances,
25 and additional evidence necessary for trial as requested by the District Attorney.
26 (c) Special Costs. CITY may request the District Attorney to file, answer, and litigate
27 appeals of convictions of violations of CITY's ordinances. CITY agrees to pay to COUNTY for such
28 services on appeals the sum of eighty -six dollars ($86.00) per hour of attorney time and fifty -two dollars
29 ($52.00) 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, CITY agrees to pay COUNTY for all time, including preparation spent in
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 June 30`h, and the change shall become effective the following
July 1".
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 Agreement, and CITY shall pay COUNTY
therefore within twenty (20) days after receipt of such statement. Such statement shall consist of the
number of referrals for complaints, additional prosecution, 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, 2003 and terminating on June 30, 2008
provided that either party may terminate upon thirty (30) days' written notice. Termination of this
agreement shall not affect the duties of the parties that extend beyond the term.
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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: 2003
"COUNTY"
COUNTY OF ORANGE, a political
subdivision of the State of California
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS By
BEEN DELIVERED TO THE
CHAIRMAN OF BOARD
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Of Orange County, California
APPROV Z-D,AS TO FORM:
F.?
John H. Abbott, Senior Deputy
057 I of C- 2003
Dated: 2003
23 ATTEST:
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26 By
City Clerk
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2
Chairman of the Board of Supervisors
"CITY"
M
CITY OF NEWPORT BEACH
a municipal corporation
Mayor