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