AGREEMENT FOR LAW ENFORCEMENT SERVICES
This agreement for Law Enforcement Services ("Agreement- hereinafter) is made and entered into this 1st day of July 2024 by and between the City of La Habra, a municipal corporation (-La Habra" hereinafter), and the City of Placentia, a municipal corporation (- Placentia hereinafter).
RECITALS
A. In August of 1999, Placentia and La Habra entered into an agreement under which La Habra provided Placentia -court liaison services at the North Justice Center and which term expires on June 30, 2018; and
B. After June 30, 2018 the parties understand and agree that the terms and conditions of the 1999 agreement continued to bind the parties and that the term of the agreement automatically renewed on a month to month basis; and
C. Placentia desires to continue the use of services of the La Habra court liaison officer in order to improve the economy and efficiency of their organization; and D. La Habra desires and is willing to continue providing court liaison services to Placentia for handling and processing of subpoenas in all criminal and civil matters as well as processing, and tracking of all criminal cases in accordance with the provisions of this Agreement; and
E. The parties desire to enter into this new agreement to expressly set forth their understanding of the terms and conditions of the parties and to provide for a new term; and
AGREEMENT
NOW, THEREFORE, La Habra and Placentia agree as follows:
1. General Provisions.
A. The Police Chief of La Habra and the Police Chief of Placentia are designated by the parties as those persons with the authority to implement the provisions of this Agreement and to ensure compliance with the terms and provisions hereof. The Chief of Police of La Habra and his or her staff have authority and control over the day to day operations of the court liaison officer and the manner and means of implementing this
Agreement.
B. Any notice, report, correspondence or otherwise, permitted or required to be given under the terms and provisions of this Agreement must be given either by personal delivery, as the situation warrants, or by enclosing the
same in a sealed envelope, postage prepaid and depositing the same in the United States Mail address as follows:
If to La Habra: If to Placentia:
CITY OF LA HABRA CITY OF PLACENTIA
Attn: Chief of Police/City Manager Attn: Chief of Police/City Manager 150 N. Euclid St. 401 E. Chapman Ave.
La Habra, CA 90631 Placentia, CA 92870
Any modification to the addresses provided above, must be made by the giving of written notice of such modification to the other party which notice will call specific attention to this Agreement.
C. With regard to any public or private grants pertaining to services of facilities hereunder, La Habra and Placentia will cooperate in the preparation and submission of applications therefore and the subsequent administration thereof.
D. The Chief of Police of La Habra, in cooperation with the Chief of Police of Placentia or their designees, may from time to time confer and propose modifications to this Agreement in order to maximize the benefits accruing to the parties hereto.
E. Placentia agrees that the service provisions expressed hereunder will be governed by the terms of the La Habra Police Department's current policy and procedure manual.
F. La Habra will provide the services of a court liaison officer (Court Liaison Officer) for handling Placentia Police Department cases, citations, and paperwork to be submitted to the North Justice Center hereinafter referred to as -Court", and any and all subpoenas directed to Placentia and/or its personnel.
2. Service Provisions: Duties and responsibilities of Placentia.
A. Placentia will deliver all cases and/or related paperwork, to be submitted to the Court, to the Court Liaison Officer in a reasonable and timely manner with respect to any and all deadlines/times frames which may affect the filing/processing of the items delivered.
B. All cases delivered by Placentia to the Court Liaison Officer must be complete with regards to any and all forms and/or bail required by the District Attorney's office and/or the Court.
C. All items submitted will be separated as follows:
I.) All items for submission to the Court's Traffic Division including:
a.) Traffic citations with transmittal list.
b.) Miscellaneous paperwork requested by the Traffic Division.
2.) All items for submission to the Court's District Attorney's Office with transmittal disk or list including all transported cases.
3.) All items for submission to the Court's Criminal Operations Division.
4.) All items for submission to the City of Anaheim's City Attorney for municipal violations.
D. Any case, citation, or subpoena returned and/or delivered to Placentia will be processed in a timely manner. Any case returned for further information and/or correction should be re -submitted to the Court Liaison Officer as soon as reasonably possible. Any subpoena delivered to Placentia will be delivered to the party to whom it is intended immediately. Any notification of unavailability and/or an inability to serve a subpoena will be given to the Court Liaison Officer as soon as such problem is discovered.
E. The Placentia Police Department will furnish the Court Liaison Officer with a complete vacation schedule, phone list, and any other documents necessary to enable the Court Liaison staff to properly process subpoenas and contact personnel. Any change in any of these items will be immediately reported to the Court Liaison Office.
3. Service Provision — Duties and responsibilities of La Habra.
A. All cases submitted to the Court Liaison Officer will be reviewed for completeness by the Court Liaison staff. After review, the case will either be forwarded to the District Attorney's Office for filing or returned to Placentia for any necessary information.
B. Subpoenas:
1.)
Receipt of Subpoenas: The Court Liaison Officer will be responsible for the processing of all subpoenas directed to Placentia and/or its personnel. The Court Liaison Officer is the sole designated recipient of subpoenas. The Court Liaison Officer will screen subpoenas at the time of receipt for any
legal/procedural correctness and completeness as well as any conflicts with any vacation.
2.) Service of Subpoenas: All Police employees receive subpoenas via electronic mail from the Integrated Law and Justice System and either accept or reject the subpoena by clicking onto the appropriate response. Court liaison will leave a daily list for the Watch Commander as a courtesy to show who is -on call".
3.) Prior -to -Date Activity: Prior to the date of subpoena, the Court Liaison Office will review pre-trial proceedings and court calendars for cases scheduled at the Court to recall any unnecessary subpoenas.
4.) Scheduled Cases: The Court Liaison Officer will periodically check with the Court to ascertain the status of any scheduled case.
Upon learning the disposition of a case, the Court Liaison Officer will notify Placentia of the disposition of scheduled cases in a mutually agreed upon manner.
5.) Payroll Matters: The Court Liaison Officer will maintain an accurate record of on-call and call-in time due to employees of Placentia Police Department in accordance with Placentia's policies and/or procedures and will submit a report on such time to Placentia within two court days of the court date.
6.) Subpoena Duces Tecums/Discovery requests: The Court Liaison Officer will accept all Subpoena Duces Tecums and Discovery requests directed to Placentia. Upon receipt the Court Liaison Officer will review the request with the Deputy District Attorney assigned to the case (where applicable) prior to submission to Placentia for compliance. The Court Liaison Officer will also screen each request in accordance with Placentia's policies and procedures regarding such requests.
C. The Court Liaison Officer will act as an intermediary between Placentia and the Court and any other court or subpoenaing agency. The Court Liaison Officer will be available to act as an intermediary for questions from the Placentia Police Department and its employees directed to the Court or other agency. The Court Liaison Officer will also be available to act as an intermediary for questions directed to Placentia by the Court or another agency. The Court Liaison officer may, upon request, act on behalf of the Placentia Police Department at the Court.
4. Mutual Aereements.
A. Subpoena:
1.)
Mandatory Appearance: Subpoenas for North Justice Center, Traffic Division are always mandatory appearance as are subpoenas for parole hearings, depositions, and any other subpoena which specifically states -Mandatory Appearance or words to that effect. In cases of a mandatory appearance subpoena, the employee subpoenaed must appear on or before the time specified at the place specified. In the event that this is not possible the employee must contact the Court Liaison Officer and/or the issuing party/agency to notify them of the reason for non-attendance as soon as is reasonably possible.
2.) On -Call Subpoenas: Subpoenas issued by any Court are considered to be **On -Call" unless otherwise stated. The Court Liaison Officer will monitor on-call cases and will notify employees if and when they are needed. All employees on-call on a given day must be readily available by telephone and are responsible for notifying the Court Liaison Officer of any change in telephone number. Upon being called into a court the employee must be able to arrive within a reasonable period of time, generally within one hour. Employees will be notified and taken off call in a mutually agreed upon manner when a case settles or is taken off calendar.
3.) DMV Hearings: The Depailinent of Motor Vehicles uses two methods for conducting its administrative hearings. The first is by mandatory appearance at the listed DMV branch office. The second is by telephonic hearing where an employee receives a subpoena for telephone hearing where the employee must be available by telephone at the time specified and for one hour following that time. Once the DMV has connected all other parties the hearing officer will contact the Court Liaison Officer.
The Court Liaison Officer will then call the employee and connect the two calls disconnecting himself/herself.
4.) Trailing Cases: A trailing case is a case where an employee is on- call on a case on a date following the original subpoena date but under the authority of the original subpoena. Generally, this lasts no longer than ten (10) court days beyond the original subpoena date. Employees may be trailed day by day or from one date to another date. This is done when a case is preparing for trial and while it is in trial. Once an employee testifies at a trial they may be ordered by the Judge to remain on-call until the completion of
B. Cases:
1.)
the case. This is also considered trailing. Any employee who is so ordered must notify the Court Liaison Officer of such order.
Employees who are trailed will follow the same procedures as on- call subpoenas.
In -Custody Cases: The Court Liaison Office will present in - custody adult misdemeanor cases to the District Attorney's Office. No follow up will be required if all necessary paperwork is provided in a timely fashion before the filing deadlines set by the Court
2.) Out -of custody Cases: The Court Liaison will deliver all out -of - custody adult misdemeanor cases received from the Placentia Police Department, to the District Attorney's Office after each case is successfully screened.
3.) Placentia Police employees presenting cases: When a Placentia employee presents an adult case to the District Attorney's Office a copy of any complaint/rejection shall be left for the Court Liaison Officer.
C. Procedure Adaptation: The Court Liaison Officer will provide Placentia with assistance in the adaptation of any policy/procedure relating to Court matters upon request.
5. Fees and Charges.
A. Placentia will pay La Habra a fee of Forty -Four Thousand Five Hundred and Sixty -One Dollars ($44,561) effective July 1, 2024, for the court liaison services described in this three-year agreement. This is for services rendered during year one of this Agreement.
B. Placentia will pay La Habra, for the Court Liaison services described in this Agreement, a fee in the amount of Forty -Six Thousand Seven Hundred and eighty-nine Dollars ($46,789) effective July 1, 2025. This is for services rendered during year two of this Agreement.
C. Placentia will pay La Habra, for the Court Liaison services described in this Agreement, a fee in the amount of Forty -Nine Thousand One Hundred and Twenty -Nine Dollars ($49,129) effective July 1, 2026. This is for services rendered during year three of this Agreement.
D. La Habra will bill Placentia for services rendered on a quarterly basis.
Placentia agrees to pay the charges reflected in such invoice within thirty (30) days of receipt.
E. On or before April 1 of every year this Agreement remains in effect, La Habra and Placentia may modify the annual fee that is to be paid by written mutual agreement.
6. Liability and Indemnity.
A. Placentia is not liable for payment of any salary; wage or other compensation for benefits to any La Habra Police Department personnel (sworn or civilian employees) performing services hereunder. It is understood and agreed by the parties that La Habra Police Department personnel performing services on behalf of Placentia in accordance with the terms of this Agreement are employees of La Habra acting on behalf of Placentia pursuant to this Agreement.
B. La Habra agrees to maintain worker's compensation insurance, or a self-insured plan, covering all La Habra Police Department personnel.
C. Placentia agrees to and will defend, indemnify and hold free and harmless La Habra and its elected and appointed officials, officers and employees with respect to any and all claims, judgments or liabilities for personal injury, wrongful death and/or property damage arising from any act, or omission to act, by any Placentia officer, employee, or agent in the performance of this Agreement.
D. La Habra agrees to and will defend, indemnify and hold free and harmless Placentia and its elected and appointed officials, officers and employees with respect to any and all claims, judgments or liabilities for personal injury, wrongful death and/or property damage arising from any act, or omission to act, by any La Habra officer, employee, or agent in the performance of this Agreement.
E. In the event any legal action or proceeding is brought by either party to this Agreement regarding the provisions of this Agreement, or the interpretation thereof, the prevailing party in such action or proceeding will be awarded reasonable attorney fees as may be determined by the Court.
7. Term of aureement.
A. The term of this Agreement will commence on July 1, 2024 and will continue until June 30, 2027.
B. This Agreement and each and every term and provision hereof may be extended by mutual written agreement.
8. Termination.
A. Either party may terminate this Agreement by giving a Notice of Termination to the other party ninety (90) days prior to the effective date of termination.
B. In the event La Habra and Placentia are unable to mutually agree by or before April I of any year on a revised annual fee for services rendered, then the Agreement automatically terminates on June 30 of that year.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above.
CITY OF PLACENTIA CITY OF LA HABRA
By: By:
City Administrator
City of Placentia
By:
City Clerk
City of Placentia
APPROVED AS TO FORM:
By:
City Manager
City of La Habra
City Clerk
City of La Habra
APPROVED AS TO FORM:
By: By:
City Attorney
City of Placentia
City Attorney
City of La Habra