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HomeMy WebLinkAboutA3829 - DESERT HOT SPRINGS JAIL USE POLICE MO 6001 City of Desert Hot Springs PSPD Jail Facilities Use AGREEMENT #3829 M06001, 7-30-97 CONTRACT SERVICES AGREEMENT FOR - — —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 30th day of July, 1997, by and between the CITY OF PALM SPRINGS, a municipal corporation ("Palm Springs") and CITY OF DESERT HOT SPRINGS ("Desert Hot Springs"). NOW THEREFORE, the parties hereto agree as follows: 1 .0 SERVICES OF DESERT HOT SPRINGS. 1 .1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Palm Springs and Desert Hot Springs shall perform the following: Palm Springs shall provide for the booking into its jail those prisoners Desert Hot Springs has in the past transferred to the County Jail in Indio. 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 officers representing each City. Desert Hot Springs agrees to follow the booking procedures contained in the Palm Springs Police Department ("PSPD") Jail Manual (which is herein incorporated by reference, as on file in the Office of the Chief of Police, as may be amended from time to time). All prisoners will be approved for booking by a Desert Hot Springs supervisor prior to being brought to the PSPD jail. In the event of overcrowding in the Palm Springs Jail, the Jail Commander shall make the decision as to which prisoners shall remain in the Palm Springs 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 Palm Springs Jail until the overcrowding subsides. Final approval on whether or not to book Desert Hot Springs' prisoners shall rest with the PSPD. All medical injuries of prisoners shall be treated by Desert Hot Springs prior to bringing the prisoner to the PSPD jail for booking. A medical release to book will be required prior to booking those prisoners with medical injuries. Desert Hot Springs shall be responsible for the cost of the medical treatment of injuries existing prior to booking the prisoner into the PSPD jail. PSPD shall be responsible for treatment and costs of medical injuries while the prisoner is in the custody of PSPD. Palm Springs and Desert Hot Springs warrant that all work and services will be performed in a competent, professional and satisfactory manner. 1 .2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinance, resolutions, statutes, rules, and regulations of Palm Springs and any Federal, State or local governmental agency of competent jurisdiction. PS\DHS\CONTRACT\RM -1- tk I alb 2.0 COMPENSATION. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Palm Springs shall be paid the amount of ONE HUNDRED TEN DOLLARS ($110.00) for each prisoner. The charges will be billed the end of each month. 3.0 COORDINATION OF WORK. 3.1 Representative of Desert Hot Springs. Chief James Matthews is hereby designated as being the principal and representative of Desert Hot Springs authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The following person is hereby designated as being the representative of Palm Springs authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith: Police Services Manager ("Contract Officer"). The City Manager of Palm Springs shall have the right to designate another Contract Officer by providing written notice to Desert Hot Springs. 4.0 INDEMNIFICATION. 4.1 Indemnification. Palm Springs agrees to indemnify Desert Hot Springs, 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 of services of Palm Springs, its agents, employees, subcontractors, or invitees during the time that any prisoner of Desert Hot Springs while 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, agency, or employees. It is further understood and agreed that, pursuant to Government Code Section 895.4 Palm Springs shall fully 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 under or in connection with any work, authority or jurisdiction delegated to Palm Springs under this Agreement during the time that any prisoner of Desert Hot Springs is in the custody of Palm Springs. 5.0 TERM. F PS\DHS\CONTRACT\RM -2- q 5.1 Term. Starting July 1, 1997, and unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect for one year. 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 Contract Officer. 6.0 MISCELLANEOUS. 6.1 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 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. 6.2 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, in violation of any State statute or regulation. Palm Springs and Desert Hot Springs warrant that they have not paid or given or will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.3 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 E. Tahquitz Canyon P.O. Box 2743 Palm Springs, CA 92263 Attn: Chief C. Lee Weigel With a Copy To: Rutan & Tucker 611 Anton Boulevard P.O. Box 1950 Costa Mesa, CA 92626 Attn: David J. Aleshire, Esq. PS\DHS\CONTRACT\RM -3- To Desert Hot Springs: City of Desert Hot Springs 65950 Pierson Boulevard Desert Hot Springs, CA 92240 Attn: Chief James Matthews 6.4 Integration; Amendment. 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 negotiation, arrangements, agreements and understanding, 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. 6.5 Waiver. No delay or omission in the exercise of any right or remedy by a nonidefaulting 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 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. 6.6. Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. 6.7 Corporate Author. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY GS, a muni ipal corporati By: n City,Glerk City anager PS\DHS\CONTRACT\RM -4- APPROVED AS TO FORM: RUTAN & TUCKER I David J. Ake hire (� City Attorney CONTRACTOR: CITY OF DESERT HOT SPRINGS By:� GAG £. .PPPCl'LFlD8YTH MY COUNCIL City Manager G Its: PS\DHS\CONTRACT\RM 5-