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SUBJECT
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BY:
November 1. 2006
Ctv Council Staff Report
CONSENT AGENDA
Renew Contract With City of Desert Hot Springs To Book Prisoners In the
Police Department's Jail.
David Ready, City Manager
Palm Springs Police Department
SUMMARY
It is recommended toat the City Council authorize the City Manager to renew the Use of
Palm Springs Jail contract with the City of Desert Hot Springs which will allow them to
book their prisoners into the Police Department's Jail.
RECOMMENDATION:
1. Adopt Minute Order No authorizing the City Manager to renew the
Use of Palm, Springs Jail contract with the City of Desert Hot Springs.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Police Department has been booking prisoners from the Desert Hot Springs Police
Department and the Cathedral City Police Department for about 5 years. The
Department charges our allied police departments the same amount as the County of
Riverside charges to book prisoners in the Indio Jail. The County has established the
rate at $14$.23.
Desert Hot Springs averages 15 to 20 bookings a month, which will result in fees
around $26,000 to $35,000 per year being paid to the City of Palm Springs. The fees
collected from Desert Hot Springs Police Department are used to off set the jail
personnel costs and prisoner housing costs.
ITEM NO. ' "
City Council Staff Report
September 6, 2006 -- Page 2
Purchase Wireless Air Cards
FISCAL IMPACT:
Finance Director Review:
The fees from the City of Desert Hot Springs to the City of Palm Springs from booking
fees are estimated between $26,000 to $35,000 per year. These fees will offset the
City's cost to process Desert Hot Springs' prisoners and assist in offsetting the overall
cost of the jail.
Gary r n,TPolice Chief
David H. Ready, City er
Attachments: Minute rder.
MINUTE ORDER NO.
ADOPT MINUTE ORDER NO._ AUTHORIZING
THE CITY MANAGER TO RENEW THE USE OF
PALM SPRINGS JAIL CONTRACT WITH THE
CITY OF DESERT HOT SPRINGS.
I, James Thompson, City Clerk of the City of Palm Springs hereby certify that this
Minute Order, authorizing the City Manager to renew the Use of Palm Springs Jail
contract with the City of Desert Hot Springs was adopted by the City Council of the City
of Palm Springs, California, in a meeting thereof held on the 1st day of November,
2006.
James Thompson, City Clerk
AGREEMENT FOR
USE OF PALM SPRINGS POLICE DEPARTMENT JAIL FACILITIES
BETWEEN CITY OF PALM SPRINGS AND CITY OF DESERT HOT SPRINGS
THIS CONTRACT SERVICES AGREEMENT ("Agreement") is entered into as of
, 2006 by and between the CITY OF PALM SPRINGS, a municipal
corporation ("Palm Springs") and the CITY OF DESERT HOT SPRINGS ("Desert
Hot Springs"), a municipal corporation.
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF PALM SPRINGS.
1.1 SCODe of Services: In compliance with all the terms and conditions
of this Agreement, Palm Springs in conjunction with Desert Hot
Springs shall perform the following services:
(a) Pam Springs shall provide the services of booking into the
Palm Springs Police Department Jail Facilities ("PSPD Jail")
those prisoners brought to Palm Springs by Desert Hot
Springs.
(b) When custody of the prisoner is transferred from Desert Hot
Springs to Palm Springs, a certificate documenting said
transfer shall be signed by the supervisory officer
representing Desert Hot Springs and the supervisory officer
representing Palm Springs shall stamp said document
indicating that the prisoner was received.
(c) Desert Hot Springs agrees to follow the current booking
procedures contained in the Palm Springs Police
Department (PSPD) Jail Manual (which is herein
incorporated by reference) and any subsequent changes
made to the PSPD Jail Manual after notification to Desert
Hot Springs. Palm Springs shall notify Desert Hot Springs
within fourteen (14) calendar days of any changes to the
PSPD Jail Manual.
(d) All prisoners will be approved for booking by a Desert Hot
Springs supervisor prior to being delivered to the PSPD Jail.
(e) In the event of overcrowding in the PSPD Jail, which will be
determined at the sole discretion of the PSPD Watch
Commander, the PSPD Watch Commander shall make the
decision as to which prisoner(s) shall remain in the PSPD
Jail and which prisoner(s) shall be transported to the
Palm Springs Jail Facilities Use Agreement
Riverside County Jail located in Indio, California. The PSPD
Watch Commander shall also be empowered to refuse to
book additional prisoners into the PSPD Jail until the
overcrowding subsides.
(f) Final approval on whether or not to book Desert Hot Springs
prisoners shall rest with the PSPD Watch Commander.
(g) All medical injuries of Desert Hot Springs prisoners shall be
treated by Desert Hot Springs prior to delivering the
prisoners to PSPD Jail for booking. A medical release to
book form will be required prior to booking those prisoners
with medical injuries. Desert Hot Springs shall be
responsible for the cost of any medical assistance and
medical treatment of injuries prior to booking the prisoners
into the PSPD Jail.
(h) Upon acceptance of a Desert Hot Springs prisoner by the
PSPD in accordance with the Agreement, the PSPD shall be
responsible for providing any medical assistance or
treatment of injuries while the Desert Hot Springs prisoner is
in the custody of PSPD. Desert Hot Springs shall not be
liable for the cost of treating a Desert Hot Springs prisoner
while a Desert Hot Springs prisoner is in the custody of the
PSPD.
1.2 Warranty. The parties warrant that all services shall be performed
in a competent, professional and satisfactory manner in accordance
with the standards prevalent in the industry for such services.
1.3 Comoliance With Law. All work services rendered hereunder by
Palm Springs shall be provided in accordance with all ordinances,
resolutions, statutes, rules and regulations of Palm Springs and any
Federal, State or local governmental agency having jurisdiction
over said services in effect at the time the services are rendered.
1.4 Further Responsibilities of Parties. Both parties agree to use
reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good
faith to execute all instruments, prepare all documents and take all
actions as may be reasonably necessary to carry out the purpose
of this Agreement. Unless hereafter specified, neither party shall
be responsible for the services of the other.
2.0 COMPENSATION.
Palm Springs Jail Facilities Use Agreement 2
2.1 Comoensation. For the services rendered commencing Dec 1
2006, Desert Hot Springs shall pay a booking fee in the amount of
one hundred and forty eight dollars and 23 cents ($148.23) per
prisoner. The parties agree and understand that the booking fee
may be adjusted as provided in paragraph 2.2 below.
2.2 Adjustments in Comoensation.
(a) Currently, the County of Riverside charges municipalities a
booking fee of One Hundred Ten Dollars ($148.23) for each
prisoner booked into the County of Riverside Jail Facilities
located in Indio, California. If at any time after July 1 of each
effective year during the term of this Agreement, the County
of Riverside changes the booking fee charged municipalities
for each prisoner booked into the County of Riverside Indio
Jail Facilities, the amount payable by Desert Hot Springs to
Palm Springs as a booking fee for each prisoner booked into
the PSPD Jail shall correspondingly change by the same
amount at the same time that the booking fee is changed by
the County ("New Rate"). During the fiscal year the New
Rate becomes effective, the New Rate shall be applied to
only those prisoners booked on behalf of Desert Hot Springs
after the New Rate becomes effective. Additionally, the New
Rate shall be effective for all future fiscal years during the
term of this Agreement after the New Rate becomes
effective, until such time the County of Riverside may further
change the booking fee charged municipalities. Depending
on whether the booking fee increases or decreases, the
difference between the old rate and the New Rate shall be
reimbursed to or paid by Desert Hot Springs within thirty (30)
calendar days of receiving an invoice from Palm Springs on
or before July 30 of the next fiscal year after the New Rate
becomes effective.
3.0 COORDINATION OF WORK.
3.1 Principal Reoresentative for Desert Hot SDrincls. The Chief of
Police for Desert Hot Springs or his or her designee shall be the
principal representative of Desert Hot Springs for purposes of
communicating with Palm Springs on any matter associated with
the performance of the services set forth in this Agreement and is
authorized to make all decisions of behalf of Desert Hot Springs in
connection therewith.
Palm Springs Jail Facilities Use Agreement 3
3.2 Principal Representative for Palm Sorinos. The Jail Commander
shall be the principal representative of Palm Springs for purposes
of communicating with Desert Hot Springs on any matter
associated with the performance of the services set forth in this
Agreement and is authorized to make all decisions on behalf of
Palm Springs in connection therewith.
3.3 Riaht to Designate New Principal Representative. Either party may
designate another individual as its principal representative by giving
notice of such designation to the other party.
4.0 INDEMNIFICATION.
4.1 Indemnification. Palm Springs agrees to indemnify Desert Hot
Springs, its officers, agents and employees against, and will hold
and save 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
Desert Hot Springs is in the custody of Palm Springs, but excluding
such claims or liabilities arising from the sole negligence or willful
misconduct of Desert Hot Springs, 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 Desert Hot Springs 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 Desert Hot Springs
prisoner is in the custody of Palm Springs.
4.2 Indemnification. Desert Hot Springs agrees to indemnify Palm
Springs, its officers, agents and employees against, and will hold
and save each of them harmless from, and all 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 Desert Hot Springs, its agents, employees,
subcontractors, or invitees during the time that any prisoner of
Desert Hot Springs is in the custody of Desert Hot Springs, but
excluding such claims or liabilities arising from the sole negligence
or willful misconduct of Palm Springs, its officers, agents or
employees. It is further understood and agreed that, pursuant to
Palm Springs Jail Facilities Use Agreement 4
Government Code Section 895.4, Desert Hot Springs shall fully
indemnify, defend and hold Palm Springs 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 Desert Hot Springs under or in connection
with any work, authority or jurisdiction delegated to Desert Hot
Springs under this Agreement during the time any Desert Hot
Springs City prisoner is in the custody of Desert Hot Springs.
5.0 TERM.
5.1 Term. Unless earlier terminated in accordance with Section 5.2
below, the term of this Agreement shall commence on Dec 1, 2006,
and terminate three (3) years thereafter at midnight on November
30, 2009. Within six (6) months prior to the conclusion of the term,
Palm Springs and Desert Hot Springs City may agree in writing to
extend the term of this Agreement_
5.2 Termination Prior to Expiration of Term. Either party may terminate
this Agreement at any time with or without cause, upon thirty (30)
calendar 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 Principal Representative for Palm Springs or the Principal
Representative for Desert Hot Springs. Palm Springs shall be
entitled to the booking fee for each prisoner booked prior to receipt
of the notice of termination and Desert Hot Springs shall be entitled
to be reimbursed for any prepaid booking fee for each prisoner for
which no service was rendered by Palm Springs.
6.0 INSURANCE.
6.1 Additional Insured. Notwithstanding any inconsistent statement in
any required insurance policies or any subsequent endorsements
attached thereto, the protection offered by all Palm Springs and
Desert Hot Springs general liability policies shall bear an
endorsement whereby it is provided that the officers, employees,
servants, volunteers and agents and independent contractors of
Palm Springs and Desert Hot Springs including without limitation,
the City Council, City Manage, Police Chief, Fire Chief and City
Attorney, are named as additional insured.
6.2 Certificates of Insurance. Palm Springs and Desert Hot Springs
shall provide each other with certificates of insurance with original
endorsements to each party as evidence of the insurance coverage
required herein. Certificates of such insurance shall be filed with
Palm Springs Jail Facilities Use Agreement 5
each party upon execution of this Agreement. Current certification
of insurance shall be kept on file with the parties at all times during
the term of this Agreement.
7.0 MISCELLANEOUS.
7.1 Independent Contractor Status. The parties agree that each shall
at all times during the term of this Agreement perform the services
described in this Agreement as an independent contractor. Neither
party will be requested or demanded to assume any liability for the
direct payment of any salary, wage or other such compensation to
any person employed by the other party to perform the services
described in this Agreement.
7.2 Non-liabilitv of Officers and EMD]ovees. No officer or employee of
Palm Springs or Desert Hot Springs shall be personally liable to
Palm Springs or Desert Hot Springs, or any successor in interest of
either, in the event of any default or breach by Palm Springs or
Desert Hot Springs or for any amount which may become due to
Palm Springs or Desert Hot Springs or to their successors, or for
breach of any obligation of the terms of this Agreement.
7.3 Conflict of Interest. No officer or employee of Palm Springs or
Desert Hot Springs 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/her financial interest or the financial interest of any
corporation, partnership or association in which he/she is, directly
or indirectly interested which would violate any State statute or
regulation. Palm Springs and Desert Hot Springs 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.
7.4 Governina Law. The validity of this Agreement and any of its terms
or provisions, as well as the rights and duties of the parties under
this Agreement, shall be construed pursuant to and in accordance
with California law.
7.5 Venue. All proceedings involving disputes over the terms,
provisions, covenants or conditions contained in this Agreement
and all proceedings involving any enforcement action related to this
Agreement shall be initiated and conducted in the applicable court
or forum in Riverside County, California.
7.6 Riahts and Remedies. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and
Palm Springs Jail Facilities Use Agreement 6
remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, or any other rights
or remedies for the same default or any other default by the other
party.
7.7 Attornev's Fees. In the event any action, suit or proceeding is
brought for the enforcement of, or the declaration of any right or
obligation pursuant to this Agreement or as a result of any alleged
breach of any provision of this Agreement, the prevailing party in
such suit or proceeding shall be entitled to recover its costs and
expenses, including reasonable attorney's fees, from the losing
party, and any judgment or decree rendered in such a proceeding
shall include an award thereof.
7.8 Notice. Any notice, demand, request, consent, approval, or other
communication either party desires or is required to give to the
other party or any other personal shall be in writing and shall be
delivered by personal service or by deposit in the United States
mail, certified or registered, return receipt requested, with postage
prepaid, and addressed to the parties as follows:
To Palm Springs: City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Attn.: Jail Commander
With Copy to: Woodruff, Spradlin & Smart
701 S. Parker Street
Suite 8000
Orange, CA 92868-4760
Attn.: Douglas Holland
To Desert Hot Springs: City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, CA 92240
Attn: Chief of Police
With Copy to: Toni Eggebraaten,
Interim City Attorney
65950 Pierson Boulevard
Desert Hot Springs, CA 92240
7.9 Records. Each party shall keep such books and records as shall
be necessary to perform the services required by this Agreement
Palm Springs Jail Facilities Use Agreement 7
and to enable the Principal Representatives of each City to
evaluate the cost and the performance of such services. Each
Principal Representative or his or her designee shall have full and
free access to such books and records of the other party at all
reasonable times, including the right to inspect, copy, audit and
make records and transcripts from such records.
7.10 Nondiscrimination. Palm Springs agrees to comply with Desert Hot
Springs employment related nondiscrimination policies as set forth
in the Desert Hot Springs Municipal Code, as it may be amended
from time to time. Palm Springs acknowledges that Desert Hot
Springs employment related nondiscrimination policies prohibit
discrimination on the basis of an individual's sex, marital status,
race, color, religion, ancestry, national origin, physical handicap,
sexual orientation and domestic partnership status.
7.11 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of language used and shall not be
construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might
otherwise apply.
7.12 Entire Aareement.
(a) This Agreement supersedes any and all other agreements,
either oral or written, between Palm Springs and Desert Hot
Springs with respect to the subject matter of this Agreement.
(b) This Agreement contains all of the covenants and
agreements between the parties with respect to the subject
matter of this Agreement, and each party to this Agreement
acknowledges that no representations, inducements,
promises, or agreements have been made by or on behalf of
any party except those covenants and agreements
embodied in this Agreement-
(c) No agreement, statement, or promise not contained in this
Agreement shall be valid or binding.
7.13 Modifications and Amendments. This Agreement may be modified
or amended only by a written instrument signed by both parties.
7.14 Assianment and Subcontractina_
Palm Springs Jail Facilities Use Agreement 8
(a) Assignment of any or all rights, duties or obligations of Palm
Springs under this Agreement will be permitted only with the
written consent of Desert Hot Springs.
(b) Palm Springs shall not subcontract any portion of the work to
be performed under this Agreement without the written
consent of Desert Hot Springs. If Desert Hot Springs
consents to such subcontract, Palm Springs shall be fully
responsible to Desert Hot Springs for all acts or omissions of
the subcontractor. Nothing in this Agreement shall create
any contractual relationship between Desert Hot Springs and
subcontractor nor shall it create any obligation on the part of
Desert Hot Springs to pay or to see to the payment of any
monies due to any such subcontractor other than as required
by law.
7.15 Waiver.
(a) No waiver shall be binding, unless executed in writing by the
party making the waiver.
(b) No waiver or any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision.
(c) Failure of either party to enforce any provision of this
Agreement shall not constitute a waiver of the right to
compel enforcement of the remaining provisions of this
Agreement.
7.16 Severabilitv. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be
interpreted to carryout the intent pf the parties hereunder unless the
invalid provision is so material and its invalidity deprives either party
of the basis benefit of their bargain or renders this Agreement
meaningless.
7.17 Execution in Counterparts. This Agreement may be executed in
several counterparts, each of which shall constitute one and the
same instrument and shall become binding upon the parties when
Palm Springs Jail Facilities Use Agreement 9
at least a copy hereof shall be been signed by both arties hereto.
In approving this Agreement, it shall not be necessary to produce or
account for more than one such counterpart.
7.18 Authority to Enter Agreement. Each party to this Agreement has all
requisite power and authority to conduct its business and to
execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and to bind
each respective party.
Palm Springs Jail Facilities Use Agreement 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above.
City of Desert Hot Springs
By:
Ann Marie Gallant, City Manager
APPROVED AS TO CONTENT:
By:
Walter McKinney, Police Chief
ATTEST:
By:
Rossie Stobbs, City Clerk
APPROVED AS TO FORM:
By:
Toni Eggebraaten, Interim
City Attorney
City of Palm Springs
By:
David Ready, City Manager
APPROVED AS TO CONTENT:
By:
Gary Jeandron, Police Chief
M
James Thompson, City Clerk
APPROVED AS TO FORM:
By:
Douglas Holland, City Attorney
Palm Springs Jail Facilities Use Agreement 1 l