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HomeMy WebLinkAbout05685 - CITY OF CATHEDRAL CITY USE OF PALM SPRINGS JAIL FACILITIES AGREEMENT FOR USE OF PALM SPRINGS POLICE DEPARTMENT JAIL FACILITIES BETWEEN CITY OF PALM SPRINGS AND CITY OF CATHEDRAL CITY THIS CONTRACT SERVICES AGREEMENT ("Agreement") is entered into as of July 1, 2008 by and between the CITY OF PALM SPRINGS, a municipal corporation("Palm Springs") and the CITY OF CATHEDRAL CITY ("Cathedral CITY"), a municipal corporation. NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF PALM SPRINGS. 1.1 Scope of Services: In compliance with all the terms and conditions of this Agreement, Palm Springs in conjunction with Cathedral City 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 Cathedral City. (b) When custody of the prisoner is transferred .from Cathedral City to Palm Springs, a certificate documenting said transfer shall be signed by the supervisory officer representing Cathedral City and the supervisory officer representing Palm Springs shall stamp said docUanent indicating that the prisoner was received. (c) Cathedral City 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 Cathedral City. Palm Springs shall notify Cathedral City within fourteen(14) calendar days of any changes to the PSPD Jail Manual. (d) All prisoners will be approved for booking by a Cathedral City supervisor prior to being delivered to the PSPD Jail- (e) In the event of overcrowding in the PSPD Jail, which will be detemlined 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 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. Palm Springs Jail Facilities Use Agreement �'C�la?i v.=lI_ r`11'�' (f) Final approval on whether or not to book Cathedral City prisoners shall rest with the PSPD Watch Commander- (g) All medical injuries of Cathedral City prisoners shall be treated by Cathedral City 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. Cathedral City shall be responsible for the cost of any medical assistance and medical treatment of inj u ries prior to booking the prisoners into the PSPD Jail. (h) Upon acceptance of a Cathedral City 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 Cathedral City prisoner is in the custody of PSPD. Cathedral City shall not be liable for the cost of treating a Cathedral City prisoner while a Cathedral City prisoner is in the custody of the PSPD. 12 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 Compliance 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 goveminental 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. 2.1 Compensation. For the services rendered during each fiscal year commencing July I and ending June J0 during the term of this Agreement, Palm Springs will not invoice Cathedral City for any bookings if the State of California appropriates at least S35 million dollars for the booking reimbursement program. If the State does not appropriate that money, Palm Springs will invoice Cathedral City on a monthly basis one hundred forty eight dollars and twenty three cents (5148.21) for each prisoner they Palm Springs Jail Facilities Use Agreement 2 book in the Palm Springs Tail. If the State appropriates a portion of the S35 million, Palm Springs will bill Cathedral City an adjusted rate based upon the portion of the amount received from the State. For example, if the State finds 90% of the $35 million, Cathedral City will be billed $14,82 per booking_ Payment shall be made within 30 days of receipt of statement. 3.0 COORDINATION OF WORK_ 3.1 Principal Representative for Cathedral City. The Chief of Police for Cathedral City or his or her designee shall be the principal representative of Cathedral City 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 Cathedral City in connection therewith. 3.2 Principal Representative for Palm Springs_ The Chief of Police for Palm Springs or his or her designee shall be the principal representative of Palm Springs for purposes of connnunicating with Cathedral City 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. 4.0 INDEMNIFICATION. 4.1 Indenmilication. Palm Springs agrees to indemnify Cathedral City, 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 per'founance of the work or services of Palm Springs, its agents, employees, subcontractors, or invitees during the time that any prisoner of Cathedral City is 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 895A, 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 Cathedral City prisoner is in the custody of Palm Springs. Palm Springs Jail Facilities Use Agreement 3 42 Indemnification. Cathedral City 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 ol'or in connection with the negligent performance of the work or services of Cathedral City, its agents, employees, subcontractors, or invitees during the time that any prisoner of Cathedral City is in the custody of Cathedral City, 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 Government Code Section 895.4, Cathedral City 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 Cathedral City under or in connection with any work, authority or,jurisdiction delegated to Cathedral City under this Agreement during the time any Cathedral City City prisoner is in the custody of Cathedral City. 5.0 TERM. 5.1 Term. Unless earlier terminated in accordance with Section 52 below,the term of this Agreement shall commence on July 1, 2009, and temninate three (1) year thereafter at midnight on June 30, 2009. Within six (6) months prior to the conclusion of the term, Palm Springs and Cathedral City may agree in writing to extend the tern of this Agreement. 5.2 Termination Prior to Expiration of Term. Either panty 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 Cathedral City. Palm Springs shall be entitled to the booking fee for each prisoner booked prior to receipt of the notice of termination and Cathedral City 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 Cathedral City 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 Cathedral City including Palm Springs Jail Facilities Use Agreement 4 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 Cathedral City 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 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 perf'orn 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 perl'onn the services described in this Agreement. 72 Non-liability of Officers and Employees. No officer or employee of Palm Springs or Cathedral City shall be personally liable to Pahn 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 terns of this Agreement. 7.3 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/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 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_ 7.4 Crovemino-Law. The validity of this Agreement and airy of its terms or provisions, as well as the rights and duties of the parties tinder this Agreement, shall be construed pursuant to and in accordance with California law. 7.5 Venue. All proceedings involving disputes over the terns, 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 Riverside County, California. Palm Springs Jail Facilities Use Agreement 5 7.6 Ri-,hts and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and 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 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 o f Palm Springs .i200 Tahquitz Canyon Way Palm Springs, CA 92262 Atm.: Jail Commander With Copy to: Douglas Holland, City Attorney 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 To Cathedral City:City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attu: Stanley E_ Henry, Chief of Police Witlt Copy to: Green, de Bortnowsky& Quhitatulla 35-325 Date Palm Dr_, Suite 202 Cathedral City, CA 92234 Att: Charles Green, City Attorney 7.8 Records. Each party shall keep such books and records as shall be necessary to perform the services required by this Agreement 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. 7.9 Nondiscrimination. Paler Springs agrees to comply with Cathedral City employment related nondiscrimination policies as set fortb in the Cathedral City Municipal Code, as it may be amended from time to time. Palm Springs acknowledges that Cathedral City employment related Palm Springs Jail Facilities Use Agreement 6 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. 7.10 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 parry by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 7.11 Entire Agreement. (a) This Agreement supersedes any and all other agreements, either oral or written, between Palm Springs and Cathedral City with respect to the subject matter of this Agreement. (b) This Agreement contains all of the covenants and agreemems 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, staiemeni, or promise not contained in this Agreement shall be valid or binding. 7.12 Modifications and Amendments. This Agreement may be modified or amended only by a written instrument signed by both parties. 7.13 Assignment and Subcontracting. (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 Cathedral City. (b) Palm Springs shall not subcontract any portion of the work to be performed under this Agreement without the written consent of Cathedral City. If Cathedral City consents to such subcontract, Palm Springs shall be fully responsible to Cathedral City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between Cathedral City and subcontractor nor shall it create any obligation on the part of Cathedral City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law. 7.14 Waiver. Palm Springs Jail Facilities Use Agreement 7 (a) No waiver shall be binding, unless executed in writing by the party malting 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. 7.15 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 p£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 dais Agreement meaningless. 7.16 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 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. 7.17 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 8 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first written above. City of Cathedral City City of Palm Springs By: � a.f i� r� +r.�. By - s'� Donald E. Bradley, City'Manaaer David Ready, Cit r aer APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: By. — Stan IIemy, Police tef Dav> G. Donunguez, P ce hief ATTEST: EITPat Flammers, City Clerk mes Thompson, City fClerk G APPROVED AS TO FORM: APPROVED AST FORM: By: By. Charles Green, City Attorney Douglas Holland, City Attomey APPROVED BY an COUNCIL Palm Springs Jail Facilities Use Agreement 9