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1974-0723_ORANGE, COUNTY OF_Agreement1 AGREEMENT FOR PROSECUTION SERVICES 2 3 THIS AGREEMENT, made and entered into by and between the COUNTY OF 4 ORANGE, a body politic and corporate, hereinafter designated as "COUNTY," 5 and the ,CITY OF SAN JUAN CAPI TRANO , a municipal corporation, 6 located in the County of Orane, hereinafter designated as "CITY." 7 W TNESSETH• 8 In consideration of the erms, covenants, conditions and promises 9 to be kept, performed and obse ved by the parties hereto, it is agreed 10 as follows: 11 1. COUNTY, through its istrict Attorney and deputies, officers, 12 and employees of his departmen shall render to CITY such services as 13 may be required to prosecute v olation of CITY's ordinances in the 14 municipal courts. z; 15 2. For the purpose of performing said functions, COUNTY shall oo 16,� provide all manpower and supervision necessary to maintain the service 1z, og 17 to be rendered hereunder. 18 3. The final authority �or rendition of service, standards of 19 performance, and other matters incident to the performance of such 20 service and the control of COY personnel shall remain in COUNTY. 21 4. CITY shall not be called upon to assume any liability for the 22 direct payment of any salaries, wages, or other compensation to any 23 COUNTY personnel performing ser ices hereunder or any liability other 24 than that provided for by this greement. Except as herein otherwise 25 specified, CITY shall not be li ble for compensation or indemnity to any 26 COUNTY employee for any injury r sickness arising out of his employment. 27 5. COUNTY, its officers, agents, and employees shall not be 28 deemed to have assumed any liab lity for the negligence of CITY or any of 295, its officers or employees; and TTY shall hold COUNTY, its officers and 30 employees harmless from any and all claims for damages resulting there - 31 from. z2 / !19/7 RG :cm 1_ f 0192 i.2 i 1, 6, Both CITY and COUNTY shall hold each other harmless from 2I liability for acts or omissions of the other. 3+ 7. (a) Referrals for Complaints. CITY may refer suspected 4i violations of its criminal ordinances to the District Attorney for a 5 determination as to whether a criminal complaint should be filed. CITY 6 agrees to pay COUNTY the sum of Twenty-Three Dollars and Seventy-Four 7 Cents ($23.74) for each.referral, without regard to the issuance of a g complaint. As used herein, a "referral" means an occurrence constituting 9 an alleged violation of one or more CITY ordinances by one person. CITY 10 will provide investigation, reports, copies of its ordinances, and 21 additional evidence as requested by the District Attorney. In cases 12 where prosecution is authorized by the District Attorney, he will draft 131 and prepare the complaint. When "not guilty" pleas are entered on such 14� complaints, the District Attorney will prosecute such cases through Z 15 trial without further charge,except as provided in Paragraph 7(c) herein. >o W 16 (b) Additional Prosecution. Trials of violations of CITY omo 17 criminal ordinances will be prosecuted by the District Attorney on � O . 18 citations for parking and animal control violations and complaints 19 issued in accordance with Paragraph 7(a) herein. Trials on complaints 20 and citations issued otherwise will not be tried by the District Attorney 21I without the consent of his deputy-in-charge of the branch office serving 22 the judicial district in which CITY is located. The District Attorney 23 has the right to determine that special ordinances of exclusively local 24 concern should be prosecuted by the City Attorney. CITY agrees to pay 25 COUNTY Twenty-Three Dollars and Seventy-Four Cents ($23.74) for each such 26 prosecution, except as provided in Paragraph 7(c) herein. As used 27 herein, "prosecution" means the District Attorney's appearance in court 2S after witnesses are subpoenaed on the first setting of one defendant's �9 trial. Where the CITY asks the District Attorney to request dismissal 30 before subpoenas have been issued, no charge will be made. As prosecutor, 31�I the District Attorney has the right to control the disposition of all 321 r lJ/7 01921.2 �� 2 T F 01924.2 11 3. 11 I li l complaints, trials, and appeals herein described in accordance with the 2I duties of his office. CITY will provide investigation, reports, cita- 3 tions, copies of its ordinances, and additional evidence necessary for 4 trial as requested by the Dis',trict-Attorney. This includes, but is not 5 limited to, Department of Motor Vehicles' registration information and 6 official documentation of ownership and licensing of vehicles cited under 7 CITY's parking ordinances. 8 (c) Special Costs.i CITY may request the District Attorney to 91 file, answer, and litigate ap,eals from convictions from CITY's ordi- 1p nances. CITY agrees to pay t� COUNTY for such services on appeals the 11 sum of Twenty -Two Dollars and Seven Cents ($22.07) per hour of attorney 12 time and Six Dollars and Sixt -Nine Cents ($6.69) per hour of clerk 13 typist's or stenographer's ti e. In addition to charges described in 14 I Paragraphs 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time, 15 including preparation, spent in prosecutions in excess of one day, at >> O O W 16 the rate specified in this paragraph. 4H Z X 00 17 (a) The above ratesi shall be reviewed annually by COUNTY U 18 Auditor -Controller, and if it is determined that a change in the rate is 19 necessary to reflect change in',costs to COUNTY, COUNTY shall notify CITY 20 of such change prior to June 3th, and the change shall become effective 21 the following July 1st. 22 8. Within ten (10) days following the end of each calendar quarter 23 COUNTY shall render to CITY a Statement of the cost of services performed (hall 24I under this contract, and CITY pay COUNTY therefor within twenty 25 (20) days after receipt of suc statement. Such statement shall consist 26 of the number of referrals for complaints, additional prosecutions, 27 and itemized special costs. I such payment is not received by COUNTY 28 within thirty (30) days after �endition of billing, COUNTY may satisfy �9 such indebtedness from any funds of CITY on deposit with COUNTY without 30 giving further notice to CITY of COUNTY's intention to do so. 31 / 32 / 6/19/A4 F 01924.2 11 3. 11 l 2f 3 4 5I 6 7 8 9 10 11 12 13 I 14 15 0 V W 16 0 17 18 19 20 21 22 23 24 25 26 27 28 29 3C 31 32 19/ 9. This Agreement shall continue in full force and effect for a period of five (5) years, commencing July 23, , 1974 , provided that either party may terminate upon thirty (30) days' written notice. 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 7COUNTY OF ORANGE, a body politic and corpora ATTEST: WILLIAM E. ST JOHN By County Clerk and ex -officio Clerk -Chaitffiay-ot its Board ot Supervisors of the Board of Supervisors of Orange County, California By � _ jo� —� Deputy DATED: July 3 , 19-4 9 7� ATTEST: �'