HomeMy WebLinkAboutA4327 - CATHEDRAL CITY PSPD POLICE JAIL LEASE City of Cathedral City
• Use of PSPD Jail Facilities
AGREEMENT #4327
M06771, 12-20-00
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 made this 2nd day of
JANUARY, 2001 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 CATHEDRAL CITY.
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, Palm Springs and Cathedral City shall perform the following
services:
(a) Palm Springs shall provide for the booking into its jail those prisoners
Cathedral City has in the past transferred to the County Jail in Indio.
(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 officers representing each City.
(c) Cathedral City agrees to follow the booking procedures contained in
the Palm Springs Police Department ("PSPD") Jail Manual (which is
herein incorporated by reference).
(d) All prisoners will be approved for booking by a Cathedral City
supervisor prior to being delivered to the PSPD jail ("Jail').
(e) In the event of overcrowding in the Jail, the Jail Commander shall
make the decision as to which prisoner shall remain in the Jail and
which prisoners shall be transported to the County Jail in Indio. The
Jail Commander shall also be empowered to refuse additional
prisoners into the Jail until the overcrowding subsides.
(f) Final approval on whether or not to book Cathedral City prisoners
shall rest with the PSPD.
(g) All medical injuries of Cathedral City prisoners shall be treated by
Cathedral City prior to delivering the prisoner to the Jail for booking.
A medical release to book will be required prior to booking those
prisoners with medical injuries. Cathedral City shall be responsible for
the cost of the medical assistance and medical treatment of injuries
prior to booking the prisoner into the Jail.
(h) Upon acceptance of a Cathedral City prisoner by the PSPD in
accordance with this Agreement, the PSPD shall be responsible for
medical assistance and the treatment and costs of medical injuries
while the Cathedral City 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 and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and
regulations of Palm Springs and any Federal, State or local governmental agency
of competent jurisdiction.
2.0 COMPENSATION.
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Cathedral City shall pay to Palm Springs the amount of THIRTY THOUSAND
DOLLARS ($30,000) ("Contract Sum") per calendar year which shall be due
and payable on April 1 st each year.
2.2 Additional Charges. If there are over 300 prisoners booked into the Jail
within a calendar year, Cathedral City shall pay to Palm Springs the
additional amount of ONE HUNDRED DOLLARS($100.00)for each prisoner
exceeding the number of 300 which shall be billed the first month and each
succeeding month the number of prisoners booked exceeds 300.
3.0 COORDINATION OF WORK
3.1 Principal Representative for Cathedral City. The Chief of Police or his
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
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.
i •
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 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 895.4, 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 orjurisdiction delegated to
Palm Springs under this Agreement during the time that any Cathedral City prisoner
is in the custody of Palm Springs.
5.0 Term.
5.1 Term. Starting January 2, 2001 and unless earlier terminated in accordance
with Section 5.2 below, this Agreement shall continue in full force.
5.2 Termination Prior to Expiration of Term. 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, Palm
Springs shall immediately cease all work or services hereunder except as
may be specifically approved by the Principal Representative for Palm
Springs. Palm Springs shall be entitled to the prorated cost on the basis of
$100 per prisoner booked prior to receipt of the notice of termination and
Cathedral City shall be entitled to reimbursement for any expenses which
have been paid for but not rendered prorated on the basis of $100 per
prisoner already booked.
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 policies, except for Workers' Compensation,
shall bear an endorsement whereby it is provided that the officers, employees,
servants, volunteers and agents and independent contractors of Cathedral City
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 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 terms 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 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 stature 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 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 Palm Springs: City of Palm Springs
3200 Tahquitz Canyon Road
Palm Springs, California 92262
Attn: Jail Commander
With a copy to: Rutan & Tucker
611 Anton BI
P. O. Box 1950
Costa Mesa, CA 92626
Attn: David J. Aleshire, Esq.
To Cathedral City: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Attn: Chief Stanley E. Henry
With a copy to: Green, de Bortnowsky & Quintanilla
35325 Date Palm Drive
Suite 202
Cathedral City, California 92234
Attn: Steven B. Quintanilla, City Attorney
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 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.
7.6 Modifications and Amendments. This Agreement may be modified or
amended only by a written instrument signed by both parties.
7.7 Entire Agreement.
(a) This Agreement supersedes any and all other agreements, either oral
or written, between the parties 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.
7.8 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be
construed as a waiver. A party's consent to or approval of any act by the other party
requiring the party's consent to or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.9 Attorneys' 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.
7.10 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf
of said parties.
7.11 Nondiscrimination. Palm Springs agrees to comply with Cathedral City's
employment related nondiscrimination policies as set forth in the City of 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.
[THIS SECTION INTENTIONALLY LEFT BLANK]
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,�tty Manager David Ready, Citi anager
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
By:
46 By:
Stanley E. Henry, PoR6e Chief Lle'e Weigel, P tce Chief
ATTEST: ATTEST:
By; �1� CCf, ll�iC�ay�i B �
Donna Velotta, City Clerk Trisha Sanders, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Green, de Bort_n�ows y & Q tanilla Rutan & Tucker
y' G By:
Steven B. /uintanilla, Dav`id'J. Aleshire
City Attorney City Attorney
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