Loading...
HomeMy WebLinkAbout05365 - CITY OF DESERT HOT SPRINGS USE OF PALM SPRINGS POLICE DEPT. JAIL FACILITES AGR Kathie Hart From: Kathie Hart Sent: August 04, 2010 10:05 AM To: Al Franz Cc: Abe Tokier Subject: Jail Services Agreements Hi Guys! FYI I'm going to close the agreements we have with Cath City and OH5 since we've closed the jail. V Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 (760) 323-8206 (760) 322-8332 Kathie.Hart@Palm5pringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. l� AO/AA/1 n AGREEMENT BY AND BETWEEN THE CITY OF DESERT HOT SPRINGS AND THE CITY OF PALM SPRINGS FOR USE OF THE PALM SPRINGS POLICE DEPARTMENT JAIL. FACILITIES This contract services agreement ("Agreement') is entered into as of November 7, 2006 by and between the CITY OF DESERT HOT SPRINGS ("Desert Hot Springs"), a municipal corporation and the CITY OF PALM SPRINGS ("Palm Springs"), a municipal corporation. The parties hereto agree as follows: 1.0 SERVICES OF PALM SPRINGS. 1.1 Scope of Services: In compliance with the terms and conditions of this Agreement, Palm Springs in conjunction with Desert Hot Springs shall pertorm the following services: (a) Palm Springs shall provide booking services to Desert Hot Springs for any prisoners delivered into the Palm Springs Police Department Jail Facilities ("PSPD Jail'), (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. 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, incorporated herein 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 fifteen (15) calendar days of any changes to the PSPD Jail Manual. (d) All prisoners shall 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 shall be determined solely by the 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 such time as the overcrowding subsides. (f) Final approval on whether or not to book Desert Hot Springs prisoners at the PSPD jail shall rest with the PSPD Watch Commander. (g) All medical injuries to Desert Hot Springs prisoners shall be treated by the Desert Hot Springs Police Department prior to delivering the prisoners to PSPD Jail for booking. A medical release to book form shall be required, prior to booking such prisoners. Desert Hot Springs shall be responsible for the cost of any medical assistance and medical treatment of injuries prior to booking prisoners into the PSPD Jail. (h) Upon acceptance of a Desert Hat Springs prisoner by the PSPD in accordance with this 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. Both parties warrant that all services shall be performed in a competent, professional and satisfactory manner in accordance with industry standards prevalent 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 governmental agency having jurisdiction for 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 services rendered commencing December 1, 2006, Desert Hot Springs shall pay a booking fee in the amount of one hundred and forty eight dollars and twenty-three cents ($148.23) per prisoner. The parties agree and understand that the booking fee may be adjusted as provided in section 2.2 below. 2.2 Adjustments in Cam ensation. (a) Currently, the County of Riverside assesses municipalities a booking fee of One Hundred Ten Dollars ($110) 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 that 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 only to 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 as the County of Riverside may further amend 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. Palm Springs Jail Facilities Use Agreement P,ge2uC8 3.0 COORDINATION OF WORK. 3.1 Principal Representative for Desert Hot Springs. The Chief of Police for Desert Hot Springs or 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 hereby authorized to make all decisions of behalf of Desert Hot Springs in connection with this Agreement. 32 Principal Representative for Palm Springs. The Palm Springs 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 hereby authorized to make all decisions on behalf of Palm Springs in connection this Agreement. 3.3 Right 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 in writing. 4.0 INDEMNIFICATION. 4.1 Indemnification. Palm Springs agrees to indemnify Desert Hot Springs, its officers, agents and employees, and will hold of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by any person, firm or entity arising from, 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 895A, Palm Springs shall 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 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 and hold and harmless from and all claims or liabilities that may be asserted or claimed by any person, firm or entity arising from 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 Hat 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 Government Cade Section 895.4, Desert Hot Springs shall 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 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. Palm Springs Jail Facilities Use Agreement 5.0 TERM. 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, the term of this Agreement shall commence on December 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 may agree, in writing, to extend the term of this Agreement. 52 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 representative for Palm Springs or the 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 policy or any subsequent endorsements attached thereto, the protection offered by both 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 Manager, 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 party 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 retained on file with the parties at all times during the term of this Agreement. 7.0 MISCELLANEOUS. 7.1 Independent Contractor Status. Both 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 shall 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-liability of Officers and Employees. No officer or employee of Palm Springs or besert 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 Palm Springs Jail Facilities Use Agreement Pat c3nC8 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 Governing 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 in accordance with California law. 75 Venue. All proceedings involving disputes on 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 in Riverside County, California. 7.6 Rights 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 Attorney 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 parry in such suit or proceeding shall be entitled to recover costs and expenses, including reasonable attorney 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 mall, 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.: Chief of Police 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 Palm Springs Jail Facilities Use Agreement Pagu 5 ur8 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 deemed necessary to perform the services required by this Agreement and to enable the representatives of each City to evaluate the cost and the performance of such services. Each representative or 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 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 Agreement. (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 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 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 Palm Springs Jail Facilities Use Agreement I'a�;c 6 o1-8 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 Severability- 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 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of of �o-0, , 2006. City of Desert Hot Springs City of Palm Springs Y. - 1� Ann Marie I an , City Manager David R ity Manager APPROVED BY CITY COUNCIL \>no 1q� t\ -\ obi' Palm Springs Jail Facilities Use Agreement Page 7 o C 8 APPROVED A ONTENT APPROVED AS TO CONTENT. By: By: :�d/ n Police Chief Ga ndron, Police Chief ATTEST: I By. Rossie Stobbs, City Clerk mes Thompson, City Clerk o3163rZODS•' APPROVED AS TO FORM: APPROVE TO FORM: B By: T6Wrggebmaten, Interim Dougla F1611and, City Attorney /City Attorney Palm Springs Jail Facilities Use Agreement Page 8 a C 8