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HomeMy WebLinkAbout12/20/2000 - STAFF REPORTS (19) DATE: DECEMBER 20, 2000 TO: CITY COUNCIL FROM: C. LEE WEIGEL, CHIEF OF POLICE CONTRACT PROVIDING THE USE OF PALM SPRINGS POLICE DEPARTMENT JAIL FACILITIES TO CITY OF CATHEDRAL CITY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a contractual agreement providing the use of Palm Springs Police Department Jail facilities to the City of Cathedral City. BACKGROUND: The City of Cathedral City has requested that the City of Palm Springs enter into a contract agreement with their city to provide their police department with jail booking services. Cathedral City Police Department will transport their prisoners to the Palm Springs Jail where the prisoner will be booked and housed pending arraignment. A fee of Thirty Thousand ($30,000) Dollars per calendar year is due and payable on April 1 each year for the booking of up to three hundred (300) prisoners. If over 300 prisoners are booked into the Palm Springs Police Department Jail, an additional fee of One Hundred ($100) dollars per prisoner will be paid to the City of Palm Springs for these services. The Palm Springs Police Department began providing this service to the City of Cathedral City in July 1993. Due to the changes in laws, which required cities to book prisoners with County facilities in order to be reimbursed for booking fees, the contract with Cathedral City was terminated a few years ago. With the recent adoption of Assemblyman Battin's legislature, cities may now be reimbursed booking fees for prisoners booked into city facilities. Cathedral City has once again requested to use our facilities to book their prisoners, thereby generating revenue to the City of Palm Springs. LEE WEIGEL Chief of Police APPROVED City Manager Attachments: 1 . Minute Order 2. Contract REVIEWED BY DEn OF FINANCE "j AGREEMENTFOR USE OF PALM SPRINGS POLICE DEPARTMENT JAIL FACILITIES BETWEEN CITY OF PALM SPRINGS AND CITY OF CATHEDRAL CITY THIS CONTRACT SERVICES AGREEMENT ("Agreement") is made this 1ST Day of, JANUARY 2001 by and between the CITY OF PALM SPRINGS, a municipal corporation ("Palm Springs ") and CITY OF CATHEDRAL CITY ("Cathedral City"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CATHEDRAL CITY. 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Palm Springs and Cathedral City shall perform the following: Palm Springs shall provide for the booking into its jail those prisoners Cathedral City has in the past transferred to the County Jail in Indio. When custody of the prisoner is transferred from Cathedral City to Palm Springs, a certificate documenting said transfer shall be signed by the supervisory officers representing each City. Cathedral City agrees to follow the booking procedures contained in the Palm Springs Police Department ("PSPD") Jail Manual (which is herein incorporated by reference). All prisoners will be approved for booking by a Cathedral City supervisor prior to being brought to the PSPD jail. In the event of overcrowding in the Palm Springs Jail, the Jail Commander shall make the decision as to which prisoners shall remain in the Palm Springs Jail and which prisoners shall be transported to the County Jail in Indio. The Jail Commander shall also be empowered to refuse additional prisoners into the Palm Springs Jail until the overcrowding subsides. Final approval on whether or not to book Cathedral City's prisoner shall rest with the PSPD. All medical injuries of prisoners shall be treated by Cathedral City prior to bringing the prisoner to the PSPD jail for booking. A medical release to book will be required prior to booking those prisoners with medical injuries. Cathedral City shall be responsible for the cost of the medical treatment of injuries prior to booking the prisoner into the PSPD jail. PSPD shall be responsible for treatment and costs of medical injuries while the prisoner is in the custody of PSPD. Palm Springs and Cathedral City warrant that all work and services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of Palm Springs and any Federal, State or local governmental agency of competent jurisdiction. 2.0 COMPENSATION. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Palm Springs shall be paid the amount of THIRTY THOUSAND DOLLARS ($30,000.00) ("Contract Sum") per calendar year due and payable on April 1st each year, but, if there are over 300 prisoners booked into Palm Springs Police Department Jail ("Jail") each year, there is an additional ONE HUNDRED DOLLARS ($100.00) for each prisoner exceeding the number of 300. The additional charges of ONE HUNDRED DOLLARS ($100.00) for r PIS(MML each prisoner over 300 will be billed the first month and each succeeding month the number of prisoners booked exceeds 300. 3.0 COORDINATION OF WORK 3.1 Representative of Cathedral City. Chief of Police Stanley E. Henry is hereby designated as being the principal and representative of Cathedral City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The following person is hereby designated as being the representative Palm Springs authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith: Jail Commander ("Contract Officer"). The City Manager of Palm Springs shall have the right to designate another Contract Officer by providing written notice to Cathedral City. 4.0 INDEMNIFICATION. 4.1 Indemnification. Palm Springs agrees to indemnify Cathedral City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Palm Springs, its agents, employees, subcontractors, or invitees during the time that any prisoner of Cathedral City while in the custody of Palm Springs, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of Cathedral City, its officers, agents or employees. It is further understood and agreed that, pursuant to Government Code section 895.4 Palm Springs shall fully indemnify, defend and hold Cathedral City harmless as stated in this provision, from any liability imposed for injury, as defined by Government Code section 810.8, occurring by reason of any act or omission on the part of Palm Springs under or in connection with any work, authority or jurisdiction delegated to Palm Springs under this Agreement during the time that any prisoner of Cathedral City is in the custody of Palm Springs. 5.0 TERM. 5.1 Term. Starting January 2, 2001and unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force. 5.2 Termination Prior to Expiration of Term Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Upon receipt of the notice of termination, Palm Springs shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. Palm Springs shall be entitled to the prorated cost on the basis of $100 per prisoner z RS 140 booked prior to receipt of the notice of termination and Cathedral City shall be entitled to reimbursement for any expenses which have been paid for but not rendered prorated on the basis of $100 per prisoner already booked. 6.0 MISCELLANEOUS. 6.1 Non-Liability of Palm Springs Officers and Employees No officer or employee of Palm Springs or Cathedral City shall be personally liable to Palm Springs or Cathedral City, or any successor in interest of either, in the event of any default or breach by Palm Springs or Cathedral City or for any amount which may become due to Palm Springs or Cathedral City or to their successors, or for breach of any obligation of the terms of this Agreement. 6.2 Conflict of Interest. No officer or employee of Palm Springs or Cathedral City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee of either participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Palm Springs and Cathedral City warrant that they have not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.3 Notice. Any notice, demand, request, consent or approval, or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the address set forth below: To Palm Springs: City of Palm Springs 3200 Tahquitz Canyon Road Palm Springs Ca 92262 Attn: Jail Commander With a copy to: Rutan & Tucker 611 Anton BI P.O. Box 1950 Costa Mesa CA 92626 Attn: David J. Aleshire, Esq. To Cathedral City: City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City Ca 92234 Attn: Chief Stanley E. Henry am With a copy to: Green, de Bortnowsky & Quintanilla 35-325 Date Palm Drive Cathedral City Ca 92234 6.4 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiation, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.5 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.6 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. 6.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. S 4 ft poop IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a Municipal corporation By: City Clerk City Manager APPROVED AS TO FORM: RUTAN & TUCKER: David J. Aleshire City Attorney CONTRACTOR: CITY OF CATHEDRAL CITY By: Donald E. Bradley, City Manager By: REVEIWED BY: Donna Velotta, City Clerk Stanley E. Henry Chief of Police APPROVED AS TO FORM: APPROVED BY THE CITY COUNCIL BY RESOLUTION NO. ON: Date Gd & Q ATTORNEYS Steven B. Quintanilla City Attorney RS ow I 5 MINUTE ORDER NO. AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PROVIDING THE USE OF PALM SPRINGS POLICE DEPARTMENT JAIL FACILITIES TO THE CITY OF CATHEDRAL CITY. I HEREBY CERTIFY that this Minute Order, authorizing the City Manager to enter into a contract providing the use of Palm Springs Police Department Jail facilities to the City of Cathedral City, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 20`h day of December, 2000. By: City Clerk SI _