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HomeMy WebLinkAbout05115 - POLICE DEPARTMENT JAIL FACILITIES CITY OF CATHEDRAL CITY DOCUMENT TRACKING Page; 2 March 4,2008 Report: Expired Documents Summary Condition: Oldest Date= 1 1, Groups=POLICE DEPARTMENT,ALL services,ALL%REFS Documental Description Approval gate Fxotration Date Closed Date A5037 range use fees $1,000 per calendar year 02/07/2005 12/0112005 Company Name: P S Gun Club Address: Group: POLICE DEPARTMENT Service: In File xRef: POLICE Ins. Status: No Certificate an file A5115 Jail Facilities-$110 per booking-may extend term w/wrtten notice 02/23/2005 06/30/2007 Company Name: City of Cathedral City ry, a� V\off Address: 68700 Avenieda Laic Guerrero, Cathedral Ci , CA 92234 ` Group: POLICE DEPARTMENT Service: In File xRef: POLICE Ins.Status: A policy has Expired A5274 use offiring range 10/01/2001 05/31/2002 Company Name: US Secret Service Address: 40365 San Dune Road, Rancho Mirage, CA 92270 Group: POLICE DEPARTMENT Service: In File xRef: POLICE Ins-Status: Certificate and Policies are OK Kathie Hart From: Ron Starrs Sent: March 10, 2008 9:14 AM To: Kathie Hart Subject: RE Contracts All of those can be closed as they are all expired. We have new contracts with them, or new grants. Capt Eton Starrs From: Kathie Hart Sent: Thursday, March 06, 2008 5:44 PM To: Ron Starrs Subject: RE: Contracts Ron. Please let me !<now which ones may be closed. iI�r!-�: Kathie fart, CPAC 07/[f Dcpe 7,, C', 1'L7 ["r'y n{FJlm :tpnrj 34 00 -ihq„ Frlrl'5pr rigs. Ca 4CPhIF HurfC uGnprm?s=cu qcv Dal From: Ron Starrs Sent: March 06, 2008 S:04 PM To: Kathie HarL Subject: Contracts I have the list (Document Tracking) of all our expired contracts. Do I need to do anything with it? Capt. Ron Starrs Palm Springs Police Dept. PO Box 1830 Palm Springs, CA 92263 (760) 323-8120 FAX 778-8448 1 City of Cathedral City . Police Dept. Jail Facilities AGREEMENT #5115 CM signed, 2-23-05 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, 2004 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 of the terms and conditions of this Agreement, Palm Springs in conjunction with Cathedral City shall perform the following services: (a) Palm Springs shall provide the services of booking into the Palm Springs Police Department Jail Facilities ("PSPD Jail") those prisoners brought to Pahn 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 document 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 Citywithin fouuteen (14) calendar days of airy 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 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 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. AX 2004 Palm Sri ings Jail Facilities Use Agreement.doctp' 91 (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 the 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 injuries prior to booking the prisoners into the PSPD Jail. (h) Upon acceptance of a Cathedral City 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 Cathedral City prisoner is in the custodyof the 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. 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 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 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 COMPLNSATION. 2.1 Annual Compensation. For the services rendered during each fiscal year commencing July 1 and ending June 30 during the term of this Agreement, Cathedral City shall make an initial payment within thirty(30)calendar days of receiving an invoice from Palm Springs on or before July 30 of each fiscal year for the booking fee for three hundred (300) prisoners. Currently, the annual amount is Thirty Three Thousand Dollars($33,000),which represents a booking fee for three hundred(300)prisoners in the amormt of one hundred and ten dollars($110)per prisoner. The parties agree and understand that the annual booking fee may be adjusted as provided in paragraph 2.2 below requiring an adjustment in the annual payment to be made by Cathedral City to Palm Springs. 2004 Palm Springs Jail Facilities Use Agreement doc 2.2 Adjustments in Compensation. (a) Currently,the County of Riverside charges municipalities a booking fee of One Hundred Ten Dollars ($110.00) for each prisoner booked into the Comity of Riverside Jail Facilities located in Indio,California. If at any time after July 1 of each effective year daring 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 amourrt payable by Cathedral City 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 Cathedral City after the New Rate becomes effective. Additionally, the New Rate shall be effective for all firture 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 mrmicipalities. 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 Cathedral City 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. (b) If less than 300 prisoners are booked or caused to be booked by the PSPD on behalf of Cathedral City during a fiscal year,Cathedral City shall be notified within fifteen(15) calendar days of the end of the fiscal year of the actual number of prisoners booked and shall be given a credit by Palm Springs against amounts due and owing for the following fiscal year in the amount of the excess number of prisoners paid for in advance. However, if the credit to be given to Cathedral City represents amounts paid in advance for the final fiscal year of the term of the Agreement, Cathedral City shall receive a refund from Palm Springs for the excess number of prisoners paid for in advance, unless otherwise agreed to by the parties upon a written extension or renewal of this Agreement. (c) If greater than 300 prisoners are booked on behalf of Cathedral City during a fiscal year, Cathedral City shall pay to Palm Springs the applicable booking fee, as determined in accordance with Section 2.1, or Section 2.2(a) if applicable, above, for each prisoner exceeding the number of 300. Pahn Springs shall submit an invoice by the fifteenth(15"') day of each month for services rendered hereunder for the previous month for the additional booking fees. Cathedral City shall pay Palm Springs for all invoiced services within thirty(30) days of receipt of the invoice. 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 2004 Palm Springs Jail Facilities Use Agreement.doc 0 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 on behalf of Cathedral City in connection therewith. 3.2 Principal Representative for Palm Springs. The Jail Commander shall be the principal representative of Palm Springs for purposes of communicating 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. 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. 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 anyprisoner of Cathedral City is in the custody of Palm Springs, but excluding such clairns 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 frilly 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 rmder this Agreement during the time that any Cathedral City prisoner is in the custody of Palm Springs. 4.2 Indemnification. Cathedral City agrees to indemnify Palm Springs, its officers, agents and employees against,and will hold and save them and each of them harmless from, any and all claims or liabilities that maybe 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 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 2004 Palm Springs rail Facilities Use Agreement.doc • • Government Code Section 910.8, occurring by reason of any actor 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 that any Cathedral City prisoner is in the custody of Cathedral City. 5.0 TERM. 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, the term of this Agreement shall commence on July 1,2004, and terminate three (3) years thereafter at midnight on Jrme 30, 2007. Within six (6) months prior to the conclusion of the term, Patin Springs and Cathedral 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 Pahn 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 without limitation, the City Council, City Manager, Police Chief, Fire Chief and City Attorney, are named as additional insureds. 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 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 2004 Palm Springs Jail Facilities Use Agreement.doc 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 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 terns of this Agreement. 7.3 Conflict of Interest. No officer or employee of Patin 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 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 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 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 ciunulative 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,of any other rights or remedies for the same default or any other default by the other party. 7.7 Attorney'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 2004 Palm Springs Jail Facilities Use Agreement doc 0 any other person shall be in writing and shall be delivered bypersonal 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 Road Patin Springs, CA 92262 Attn: Jail Commander With a copy to: Aleshire &Wynder Tower 17 18881 Von Kaman Irvine, CA 92612 Attn: David J. Aleshire, City Attorney To Cathedral City City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attn: Stanley E. Henry, Police Chief With a copy to: Green, de Bortnowsky& Quintauilla, LLP 35-325 Date Palm Drive; Suite 202 Cathedral City, CA 92234 Attn: Steven B. Quintanilla, City Attorney 7.9 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. 7.10 Nondiscrimination. Palm Springs agrees to comply with Cathedral City's employment related nondiscrimination policies as set forth in the Cathedral City Municipal Code, as it may be amended from time to time. Palm Springs acknowledges that Cathedral City's 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. 2004 Palm Springs Jail Facilities Use Agreement.doc (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 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) Assignments of any or all rights,duties or obligations of Palm Springs under this Agreement will be permitted only with the written consent of the 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. 7.15 Waiver. (a) No waiver shall be binding, unless executed in writing by the party making the waiver. (b) No waiver of 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 anyprovision 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 lmenforceable by a valid judgment or decree of a court of competent 2004 Palm Springs Jail Facilities Use Agreemenl.doc 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 carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic 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 have been signed by both parties 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. [SIGNATURES ON FOLLOWING PAGE] 2004 Palm Springs Jail Facilities Use Agreement.doc 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: Donald E, Bradley,01ity Manager David Ready, Cif . tnager APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: _ 11 �a7 ,�,e.Stanley E. Henry, olice Chief Gary,J,Sandron, Police Chief ATTE By: ��hiLG�✓ 6. _ .. Ldn Pat Hammers, City Clerk ty Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Green, de B/o�rtrnowsky & Quintanilla, LLP Aleshire and Wynder By. a�Ll.� 6%rl'G ' ��'� By: _ ra. -- c Fir t,2 Steven B. Quintanilla, City Attor ey ` David J. Aleshire, City Attorney p�r�' 0 0 MEMORANDUM TO: Police Department FROM: Kathie Hart Chief Deputy City Clerk DATE: February 23, 2005 SUBJECT: City of Cathedral City Jail Facilities cc: Jay Thompson, City Clerk File Attached an original of the above referenced Agreement. We have retained the other original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. 1* 0 CERTIFICATE OF LIABILITY COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF LIABILITY COVERAGE I ISSUE DATE 6/16/05 COVERAGE PROVIDED BY COVERED PARTY Public Entity CITY OF CATHEDRAL CITY Risk Management Authority(PERMA) 68-700 AVE. LALO GUERRERO 77-670 Springfield Lane Suite IA CATHEDRAL CITY, CA.92234 Palm Desert, CA 922211 COVERAGES -- THIS- IS TO CERTIFY THAT THE COVERAGES-LISTED-BELOW HAVE-BEEN'-ISSUED TO THE 11AK1'Y FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE DESCRIBED IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF THE MEMORANDUM OF LIABILITY COVERAGE. TYPE OF CERTIFICATE EFFECTIVE EXPIRATION COVERAGE NUMBER DATE DATE COVERAGE LIMITS General Liability # 9 07/01/05 07/01/06 Each Occurrence—S1,000,000 Auto Liability # 9 07/01/05 07/01/06 Combined Single Limit-$1,000,000 any automobile DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS: CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL COVERED PARTY BUT ONLY AS RESPECTS THE OCCASIONAL USE OF PALM SPRINGS FIRE EQUIPMENT BY THE CITY OF CATHEDRAL CITY. CERTIFICATE HOLDER CITY OF PALM SPRINGS P 0 BOX 2743 PALM SPRINGS, CA 92263-2743 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, - -- -- -PERMA WILL--ENDEAVOR-TO.-MBSL 30 DAYS WPITTEN NOTICE TO THE 9ERTIFICATE_HOLDER-NAMED_ABOVE,_ BUT _ FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, ITS AGENTS OR REPRESENTATIVES. AUGI90RIZED REPRESENTATIVE 1ti�3 _ V.l