Loading...
HomeMy WebLinkAbout11/19/2003 - STAFF REPORTS (10) DATE: November 19, 2003 TO: City Council FROM: Gary Jeandron, Chief of Police APPROVAL OF A CONTRACT WITH THE CITY OF DESERT HOT SPRINGS FOR JAIL SERVICES IN THE PALM SPRINGS CITY JAIL. RECOMMENDATION It is recommended that the City Council approve a contract in a form acceptable to the city attorney with the City of Desert Hot Springs for jail services in the Palm Springs City Jail. SUMMARY The proposed contract allows personnel from the Desert Hot Springs Police Department to "book" and house prisoners in the Palm Springs City Jail. BACKGROUND Since 1997 prisoners that were arrested and held by personnel of the Desert Hot Springs Police Department have been transported to the Palm Springs City Jail for "booking" and confinement. After passing a pre-booking medical screening the prisoners are "booked" and held in the City jail until they are arraigned. These prisoners can be held up to ninety-six hours in the city jail. This practice assists the Desert Hot Springs Police Department in that they don't have to transport their prisoners to the Riverside County Jail in Indio. This practice assists the Palm Springs Police Department by incarcerating prisoners who also commit crimes in this city. The increase in the City's jail population also increases the number of fingerprints and photographs that become part of the state's identification computer date base that is available to the personnel of this department. The City of Desert Hot Springs has agreed to pay the City of Palm Springs, one hundred and ten ($110.00) dollars per prisoner that is booked into the city jail. JA FISCAL IMPACT During the calendar year of 2002, $40,940.00 in revenue was produced from the City of Desert Hot Springs for prisoner booking fees. GARY --(A( I' RON ' Chief of F'6 ice Approved: City Manager f Attachments: 1. Minute Order 2. Jail contract REVIEWED BY DEPT. OF FINANCE �r. ti AGREEMENTFOR 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 made this day of 12003 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. 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 Desert Hot Springs shall perform the following services: (a) Palm Springs shall provide the services of booking into its 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 for 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. The City will 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 ("Jail'). (e) In the event of overcrowding in the 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 Jail and which prisoner(s) shall be transported to the County Jail in Indio. The PSPD Watch Commander shall also be empowered to refuse to book additional prisoners into the Jail rmtil the overcrowding subsid (f) FinaL proval 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 prisoner to the 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 prisoner into the Jail. (h) Upon acceptance of a Desert Hot 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 ofthe PSPD.Desert Hot Springs will 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 will 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 shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of Pahn Springs and any Federal, State or local governmental agency having jurisdiction 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 service of the other. 2.0 COMPENSATION. 2.1 Contract Sum. For the services rendered pursuant to this Agreement,Desert Hot Springs shall pay Palm Springs the amount of ONE HUNDRED TEN DOLLARS ($110.00) for each prisoner booked into the Jail. Currently,the County of Riverside charges municipalities a booking fee of ONE HUNDRED AND TEN DOLLARS ($110.00)for each prisoner booked into the County of Riverside Indio Jail Facilities. If at any time during the term of this Agreement the County of Riverside increases 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 for each prisoner booked into the Jail will increase by the same amount. 2.2 Method of Payment. Palm Springs shall submit an invoice by the fifteenth day of each month for services rendered hereunder by Palm Springs for the previous month. Desert Hot Springs shall pay Palm Springs for all invoiced services by the last working day of the month in which an invoice is received. 1 A V 3.0 COORDINATION OF WORK. 3.1 Principal Representative for Desert Hot Springs. The Director of Public Safety 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 on behalf of Desert Hot Springs 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 Desert Hot Springs on any matter associated with the performance of the services set forth in this Agreement and is authorized to make 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 and Desert Hot Springs hereby agree to indemnify,defend and hold harniless the other party to this agreement and/or their respective officers, directors, employees, volunteers, contractors, advisors, and agents against all claims,liabilities, losses,damages and costs (including legal costs and expenses) arising directly or indirectly from the sole negligence or intentional acts of the other party or their respective officers,directors, employees, volunteers,contractors, advisors,and agents. 5.0 TERM. 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, the term of this Agreement shall commence on the date this Agreement is entered into and terminate three (3) years thereafter. Within six (6) months prior to the conclusion of the term,Palm Springs and Desert Hot Springs may agree to extend the contract for an additional three(3)years if the parties mutually agree in writing on a rate adjustment. 5.2 Termination Prior to Expiration of Tenn. 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, Pahn Springs shall immediately cease all work or services hereunder except as may be specifically approved by the Principal Representative for Palm Springs. Pahn Springs shall be entitled to the prorated cost on the basis of$110 per prisoner booked prior to receipt of the notice of tennination and Desert Hot Springs shall be entitled to reimbursement for any expenses which have been paid for but not rendered prorated on the basis of$110 per prisoner already /� booked. / 4 5.3 California Law.This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, or other appropriate court in such county, and Desert Hot Springs covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5.4 Legal Action. In addition to any other rights or remedies, either party may take legal action,in law or in equity,to cure,correct or remedy any default,to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement. 5.5 Attorney's Fees. If either party to this Agreement is required to initiate, defend or made a party to an action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding,shall not be entitled to attorney's fees. 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 policies, except Workers' Compensation 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 insureds. 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-liability of Palm Springs Officers and Employees. No officer or employee of Palm Springs or Desert Hot Springs shall be personally liable to Palm Springs or Desert blot 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 financial interest or the financial interest of any corporation,partnership or association in which he is,directly or indirectly, interested,which would violate any State statute or regulation. Palm Springs and Desert Hot Springs warrant that theyhave not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 7.4 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 Palrn Springs: City of Pahn Springs 3200 Tahquitz Canyon Road Palm Springs, CA 92262 Attn: Jail Commander With a copy to: Aleslure &Wynder Tower 17 18881 Von Karman Irvine, CA 92612 To Desert Hot Springs City of Desert Hot Springs 69950 Pierson Blvd. Desert Hot Springs, CA 92240 Attn:Roy Hill,Director ofPublic Safety With a copy to: Green, de Bortnowski & Quintanilla 23801 Calabasas Rd, 41015 Calabasas, CA 91302-1547 Attn: Charles Green 7.5 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 of 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. 7.6 Nondiscrimination. Pahn Springs agrees to comply with Desert Hot Springs' employment related nondiscrimination policies as set forth in the City of 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. 7.7 Interpretation. The terns 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. 7.8 Integrated Agreement. 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 negotiations, 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. 7.9 Severability. hi 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 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. [SIGNATURES ON FOLLOWING PAGE] 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 City of Palm Springs By: 10-W06 By: e Ha son, City Manager David Ready, City Manager APPRO =ANTENT:_ APPROVED AS TO TTEN By: By: t�G oy Hill, rector of Public Safety Guy J d Police Chief ATTEST: ATTEST: By: By: Rosie Stobbs, City Clerk Trisha Sanders, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Green, de Bortnowski & Quinantilla Aleshire and Wynder By: By: Charles Green, David J. eshire, City Attorney City Attorney �17 MINUTE ORDER NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A CONTRACT WITH THE CITY OF DESERT HOT SPRINGS FOR JAIL SERVICES IN THE PALM SPRINGS CITY JAIL. I HEREBY CERTIFY that this minute order, approving a contract with the City of Desert Hot Springs for jail services. This contract adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of November 2003. City Clerk