HomeMy WebLinkAbout03228 - POLICE CATHEDRAL CITY JAIL FACILITY MO5187 City of Cathedral City
• Use of P.S. Police Dept.
Jail Facilities
AGREEMENT #3228
M05187, 5-19-93
CONTRACT SERVICES 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
19 day of '--) 1993, by and between the CITY OF PALM
SPRINGS, a municip 1 corporation ( "Palm Springs") and CITY OF
CATHEDRAL CITY ( "Cathedral City") .
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: 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. 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. Cathedral City agrees
to follow the booking procedures contained in the Palm Springs
Police Department ( "PSPD") Jail Manual (which is herein
incorporated by reference) .. All prisoners will be approved for
booking by a Cathedral City 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 Cathedral City' s prisoner shall
rest with the PSPD. All medical injuries of prisoners shall be
treated by Cathedral City 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 . Cathedral
City 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 occurring while the prisoner is in the custody of PSPD.
Palm Springs and Cathedral City 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 ordinances,
resolutions, statutes, rules, and regulations of Palm Springs and
any Federal, State or local governmental agency of competent
jurisdiction.
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2 . 0 COMPENSATION.
2 . 1 Contract Sum,. For the services rendered pursuant to
this Agreement, Palm Springs shall be paid the amount of THIRTY
THOUSAND DOLLARS ($30, 000 . 00) ( "Contract Sum") per year due and
payable on July 1st each year, but, if there are over 300 prisoners
booked into Palm Springs Police Department Jail ( "Jail") each
year, there is an additional ONE HUNDRED DOLLARS ($100 . 00) for each
prisoner exceeding the number of 300 . The additional charges of
ONE HUNDRED DOLLARS ($100 . 00) for each prisoner over 300 will be
billed the first month and each succeeding month the number of
prisoners booked exceeds 300 .
3 . 0 COORDINATION OF WORK.
3 . 1 Representative of Cathedral City .
Brtxrt_ is hereby designated as being the principal and
representative of Cathedra]. City 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 Palm Springs authorized to
act in its behalf with respect to the work and services specified
herein and make all decisions in connection therewith:
�Zxllo- Di`yisioN �lFdTig/U ( "Contract Officer" ) . The City
Manager of Palm Springs shall have the right to designate another
Contract Officer by providing written notice to Cathedral City.
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 while 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 or jurisdiction delegated to
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0 •
Palm Springs under this Agreement during the time that any prisoner
of Cathedral City is in the custody of Palm Springs.
5 . 0 TERM.
5 . 1 Term. Starting July 1, 1993 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. 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 MISCELLANEOUS.
6 . 1 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 .
6.2 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, in violation of 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 .
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:
PS2\484\014084-0001\2045457.1 05/26/93 -3-
To Palm Springs : City of Palm Springs
3200 East Tahquitz-Canyon Road
Palm Springs, CA 92262
Attn:
With a Copy To: Rutan & Tucker
611 Anton Boulevard
P.O. Box 1950
Costa Mesa, CA 92626
Attn: David J. Aleshire, Esq.
To Cathedral City: City of Cathedral City _
<353 S Hai e PP)Irn L-w% PC)Ti-,xa-,cA
Cathedral City, CA 9 �
Attn: j!3 1zcN L e_d
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 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.
6 .5 Waiver. No delay or omission in the exercise of any
right or remedy by a nondefaulting 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 Attorneys' 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 Authority. 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.
IFS2\484\014084-0001\2045457.1 05/26/93 -4-
0
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement as of the date first written above.
ATTEST: CIT OF PALM SPRTG a
mun' ci al corprnr`at o
City/Clerk City r
APPROVED AS TO FORM:
RUTAN & TUCKER
David 'J._ Aleshire
City Attorney
CONTRACTOR: CITY OF CATHEDRAL CITY
By;
Ci y Mana er
Its :
Bw
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PARENT: DIVISION:
NAME:jCathedral City, City Of XREF: 13228 1
General Certificate 1 Agent Certco Notes Transaction Log Cancel {
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:;'';; � CONTACTIADDRE55 ---"------------ --- ��4
Contact Runge To Do New Agr
Salutation: Phone: [000] 000-0000
Address: Use OF City Jail
� Exp 7-1-94 Motif 6-98, 8-98, * ^:
City: 10-98. Per Chiel,McCabe To Do
State: Zip: 00000 ..
Service: INCOMPLETE 1 MISSING - �'--?
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Judith H. Sumich
From: Judith H. Sumich
To: Jim W. Runge
Cc: Dallas J. Flicek
Subject: Cathedral City Jail Use -A3228
Date: Tuesday, October 27, '1998 9:37AM
In August, you were going to do an agreement amendment or new agreement, since the Cathedral City Jail
Use agreement expired 7-1-94. What is status?
Page 1
pALM SA�y r City of Palm Springs
v Office of the City Clerk
(760) 323-8204
i o� pli,,o•
C'+c�Foa�`� MEMORANDUM
Date: November 13, 1997
To: Chief Weigel
From: City Clerk
AGREEMENT #3228 - City of Cathedral City -
Jail Facility
Please let us know the status of the above agreement, and if it may be closed as the
expiration date of this agreement was July 1, 1994.
STATUS:
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
CLOSE AGR
Signature
CITY CLERK
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