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C11-26 - CITY OF DESERT HOT SPRINGSG-- 0028 —1;? SECOND AMENDMENT TO AGREEMENT C- If - BETWEEN THE CITY OF DESERT HOT SPRINGS AND THE CITY OF BEAUMONT THIS SECOND AMENDMENT is made and entered into as of April 3, 2012, by and between the City of Desert Hot Springs ( "City) a municipal corporation, and the City of Beaumont ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On November 9, 2011, the City and Consultant entered into that certain agreement entitled "Agreement For Law Enforcement Services" between the City of Desert Hot Springs and the City of Beaumont in the amount of $30,000.00. b. On February 1, 2012, the City and Consultant entered into that certain agreement amendment entitled "First Amendment to Agreement Between the City of Desert Hot Springs and the City of Beaumont' between the City of Desert Hot Springs and the City of Beaumont in the amount of $130,000.00, with a new not -to- exceed amount of $160,000.00. C. In accordance with Section 3 of the Agreement, the parties now desire to increase the payment for services in the amount of $54,000.00, with a new not -to- exceed amount of $214,000.00. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties be the effective date of this Agreement. CITY OF DESERT HOT SPRINGS COKSULXANT R ck Daniels, City nager 17 Date: Attest: J ryl Soriano, Deputy City Clerk Date: `119112 Approved as to Form: --� O'�- 0444-1- Rdben Duran City Attorney Date: /I' I City of Date: % //,,* Attest: Deputy City Cle�c Date: `! - /d !, Approved as to Form: d ity ttorney Date: � %L FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DESERT HOT SPRINGS AND THE CITY OF BEAUMONT THIS FIRST AMENDMENT is made and entered into as of February 1, 2012 by and between the City of Desert Hot Springs ("City) a municipal corporation, and the City of Beaumont ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On November 9, 2011, the City and Consultant entered into that certain agreement entitled "Agreement For Law Enforcement Services" between the City of Desert Hot Springs and the City of Beaumont in the amount of$30,000.00. b. In accordance with Section 1 b of the Agreement, the parties now desire to extend the term of the agreement, with a new termination date of June 30, 2012. c. In accordance with Section 3 of the Agreement, the parties now desire to increase the payment for services in the amount of $130,000.00, with a new not-to-exceed amount of$160,000.00. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF DESERT HOT SPRINGS CON L NT Rick aniels, City Marfager C, city of Beau ont Date: -2-4161P— Date: A Attest: Attest: 1 __._•_. . 1 ....�..J J I Soriano, eputy City Clerk Deputy ity Cler ' Date: arnAa Date: - - b Approved as to Form: Approved as to Form: 74111/4t; is Ruben Duran, City Attorney 'ttorney Date: f !r l iL Date: (10/12-- 1 1t2--1 C— -ace(°_' 11/09/11 AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT, made effective November 1, 2011, is entered into by and between the CITY OF BEAUMONT ("Beaumont") and the CITY OF DESERT HOT SPRINGS ("DHS"). RECITALS WHEREAS, Beaumont has a Police Department that provides law enforcement services to the citizens of Beaumont; and WHEREAS, DHS desires to have the Beaumont Police Department ("BPD") provide supplemental law enforcement services within the City of Desert Hot Springs pursuant to this Agreement for Law Enforcement Services ("Agreement"). NOW, THEREFORE, in consideration of the respective provisions herein contained, Beaumont and DHS agree as follows: 1. Description of Services. Beaumont shall provide the following law enforcement services to DHS for and during the term of this Agreement and any extension(s) thereof: a. Basic Services. BPD will provide DHS with BPD personnel (sworn police officers) to be assigned to work one of two patrol shifts beginning at 6:00 a.m. and ending at 6:00 p.m., or beginning at 6:00 p.m. and ending at 6:00 a.m., Sunday through Tuesday, and every other Wednesday, or Tuesday through Saturday and every other Wednesday. BPD personnel may work overtime in DHS as needed, and may be called to assist during other shifts as needed by DHS. b. Assignment and Selection. BPD personnel will be assigned to DHS for 3 months unless the term of this Agreement is extended by the parties. BPD will select all personnel for assignments to DHS. c. Support Services. For the purpose of performing the services required under this Agreement, Beaumont shall provide all necessary staffing, equipment, and supplies necessary to maintain the services to be rendered hereunder. d. Service Adjustment. The level of direct services set forth in this paragraph may be adjusted by written supplement to this Agreement executed on behalf of both parties hereto after approval by the City Manager of each City. Either City may initiate a request for modification of services by serving notice as provided herein. e. Investigation of Complaints of Misconduct. In the event that the complaint is filed that alleges official misconduct by DHS appointed or elected officials, the investigation by BPD personnel shall be conducted in accordance with the procedure set forth in Exhibit "A" attached hereto. 2. Management of Beaumont Employees. BPD personnel shall be responsible to, and under the direct supervision of, the DHS Police Department; however, the responsibility for the selection, assignment and discipline of BPD personnel, including but not limited to, Beaumont employee salaries and benefits, shall remain exclusively with Beaumont. In the best interest of DHS, the DHS Chief of Police maintains the right to require that particular officers not be assigned to perform work under this Agreement. In such instances, the DHS Chief of Police shall notify the BPD Chief of Police in writing. Complaints regarding the conduct of Beaumont Police shall be submitted by DHS to the Beaumont Chief of Police. Such complaints shall be promptly investigated and the outcome communicated to the DHS Chief of Police. 3. Compensation. a. Monthly Payment. DHS agrees to pay to Beaumont a monthly sum computed in accordance with this Section. b. Computation. For each hour BPD personnel are assigned to DHS, or DHS related functions (e.g., court or meetings), OHS agrees to pay Beaumont the sum of $75.00 per assigned BPD personnel. Hours worked shall be portal to portal (i.e. travel time between Beaumont and DHS). c. Police Vehicles. BPD personnel assigned to DHS will drive BPD patrol vehicles. DHS shall reimburse Beaumont for mileage, at the rate of $0.51 per mile. Beaumont shall be responsible for all costs associated with their ownership of the patrol vehicles, including but not limited to routine maintenance and repair costs and automobile liability insurance. DHS's reimbursement of the mileage as set forth in this paragraph shall be the full extent of DHS's obligations under this agreement with respect to its use of Beaumont's vehicles. d. Monthly Statement. Beaumont shall provide the DHS City Manager and DHS Chief of Police with a monthly statement for services provided and the same shall be due and payable within 30 days. e. Fees Credited. Fees received by Beaumont that recover costs incurred as a result of persons arrested and convicted in DHS matters will be credited to amounts owed by DHS. Similarly, fees received by Beaumont that recover costs incurred as a result of vehicle storage and impounds in DHS matters will also be credited to amounts owed by OHS. These credits shall be given on a monthly basis. f. Booking Fees. Any booking fees incurred as a result of suspects arrested by Beaumont officers in DHS shall be the responsibility of DHS. g. Audit. The Cities agree to a year-end audit of all billings. DHS shall pay for all costs associated with the audit. An appropriate adjustment shall be made and promptly paid in the event of an over— or under—payment. 4. Property Acquisition/Seizure. a. Asset Seizure. When assets (cash or property) are seized in DHS by the BPD as a result of an enforcement effort, all of the seized and forfeited assets will be returned to DHS. i. Assets (cash or property) that are returned to DHS following forfeiture will be used to augment DHS law enforcement services. ii. Assets seized and forfeited as a result of an enforcement effort by BPD officers outside DHS become the sole and separate property of Beaumont and are not subject to the conditions set forth above. iii. The foregoing conditions shall apply (a) during the term of this Agreement, or any extension thereof, and (b) stemming from activities which occurred during the term of this Agreement, or any extension thereof. 5. Indemnification. DHS covenants that it shall indemnify, defend, and hold Beaumont, its officers, agents, employees, attorneys and officials harmless and from any third party claim or liability whatsoever, whether for property damage, bodily injury or death or any other element of damage of any kind or nature, arising from or relating to alleged or actual actions or omissions taking place in within the course and scope of this Agreement, including without limitation issues relating to the memorandum of understanding between the Beaumont Police Officers Association and Beaumont and any Beaumont and DHS equipment used to provide services pursuant to this Agreement. Notwithstanding the foregoing, DHS shall not be obligated to, and shall not, indemnify Beaumont for Liability arising from the gross negligence or willful misconduct of Beaumont. DHS covenants to indemnify, defend, and hold Beaumont harmless shall also include and cover, in its entirety and without limitation, except as set forth above, all actual or potential claims arising from or related to any DHS ordinance enforced in the course and scope of the Services, or any action or omission by DHS, its officers, agents, employees and independent contractors or subcontractors relating to this Agreement. Furthermore, DHS shall defend Beaumont, at its sole expense, including the costs of legal counsel and any necessary experts reasonably deemed to satisfactory to Beaumont. 3 DHS' duty to defend Beaumont is entirely separate from, independent and free- standing of DHS' duty to indemnify Beaumont, and includes defense of Beaumont against claims for which Beaumont may be strictly liable, and applies whether the issue of DHS' negligence, breach of contract or other fault or obligation has been determined. It is the parties' intent that Beaumont shall be entitled to summary adjudication of DHS' duty to defend Beaumont during any stage of any claim or suit within the scope of this paragraph 5. Beaumont shall be entitled to recover from DHS the attorneys' fees and costs incurred in enforcing the indemnity provisions herein. 6. Insurance. DHS shall maintain limits no less than: a. General Liability: (Including operations, producted and completed operations.) $25,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit b. Automobile Liability: $25,000,000 per accident for bodily injury and property damage. c. Employer's Liability: $1,000,000 per accident for bodily injury or disease. d. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions greater than $75,000 must be declared by DHS to, and approved by, Beaumont. At the option of Beaumont, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Beaumont, its officers, officials, employees and volunteers; or DHS shall provide a financial guarantee satisfactory to Beaumont guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Beaumont shall approve all self-insurance or pooling arrangements used by DHS to indemnify this Agreement. e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. Beaumont, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of DHS; and with respect to liability arising out of work or operations performed by or on behalf of the DHS including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can 4 be provided in the form of an endorsement to the DHS insurance, or as a separate owner's policy. ii. For any claims related to this project, DHS' insurance coverage shall be primary insurance as respects Beaumont, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Beaumont, its officers, officials, employees, or volunteers shall be excess of DHS' insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Beaumont. f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. g. Verification of Coverage. DHS shall furnish Beaumont with original certificates and amendatory endorsements effecting coverage required by this paragraph 6. All certificates and endorsements are to be received and approved by the Beaumont before work commences. Beaumont reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. 7. Term. This Agreement shall commence on the Effective Date and terminate on January 30, 2012. Notwithstanding the term of the Agreement, either party may terminate the Agreement by serving written notice at any time, mailed or delivered, indicating that this Agreement shall terminate in 10 calendar days' after the date of the notice. The parties shall otherwise meet and confer prior to end of the term of the Agreement regarding an extension and/or amendment of this Agreement. This Agreement may only be amended by written mutual agreement signed by both parties. 8. Effect of Forces Beyond Beaumont's Control. Beaumont's obligations to furnish police services to DHS under this Agreement shall be subject to interruption on account of strikes, boycotts and other forces beyond Beaumont's control, in which case this Agreement may be terminated and there shall be a pro rata adjustment or refund of amounts payable to Beaumont hereunder. In the event of any such strike or boycott, Beaumont will nevertheless try to provide police service to DHS. 9. No Third Party Beneficiaries. No person is intended to be a third party beneficiary to this Agreement. 10. Dispute Resolution. Disputes regarding the interpretation or application of this Agreement, or any assertion that either party has failed to maintain its obligations under this Agreement, or any assertion of negligence by either party, shall first be submitted jointly to the Police Chief and City Manager of each City for investigation and resolution. The Chiefs and City Managers will make every good faith and reasonable 5 effort to reach a mutually agreeable resolution, which will be ratified by the respective City Councils as necessary. Any disputes which cannot be resolved in that manner shall terminate the Agreement. 11. Notices. Any cancellation notice, statement or other notice provided for in this Agreement shall be mailed or delivered to the City of Beaumont at 550 East Sixth Street, Beaumont, California 92223, Attention: Chief of Police, and to the City of Desert Hot Springs, 65-950 Pierson Boulevard, Desert Hot Springs, California 92240, Attention: Chief of Police. Such addresses may be changed by addressee giving written notice of such change to the other party calling specific attention to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth below. CITY OF DESERT HOT SPRINGS CITY OF BEAUMONT By By ity Manager Mayor Dated: IA9 l Dated: / 1 /6 - / 1111/ Attest: AYfiglifirair % Attest: ��L.s;r. ` ..�...... Deputy�ty Clerk IMP. Deputy City jerk Dated: 11 [1/ I( Dated: l I - /D- I 6 EXHIBIT "A" PUBLIC OFFICIAL MISCONDUCT PROTOCOL The Beaumont Police Department recognizes the importance of fair and impartial investigations into allegations of misconduct by public officials. Although we are eminently capable of conducting investigations of this nature, there are cases where the public is best served by the investigation being conducted by outside agencies. These cases include potential criminal violations by a chief of police, city manager, mayor, or member of the city council. In cases such as these, a protocol for handling investigations may be helpful in providing fair and consistent responses. This protocol provides guidelines to ensure impartial investigations into any allegations of misconduct thereby eliminating, or at least minimizing, conflicts of interest between officials who have influence on the police department or the chief of police. It is important that members of the community have confidence that all investigations of criminal wrongdoing are not only fair and impartial, but also have the appearance of fairness and impartiality. Any and all allegations of misconduct by public officials should immediately be reported to the Chief of Police or the DHS Liaison Commander. Public officials can be, but are not limited, to the following: • Mayor • Council Members • Council Candidates • City Managers • Chief of Police • City Attorneys In the event that the Chief of Police is the subject of the alleged misconduct, the next ranking officer shall submit the allegations along with any attending evidence directly to the investigating agency. Any information, evidence or witness statements should be forwarded to the appropriate investigator in order to limit contact with potential evidentiary items. The Beaumont Police Department will serve as a conduit of any information to the investigating agency but will in no way influence the direction or nature of any investigation. Allegations of public official misconduct will be forwarded to the following agencies in rank order unless there are compelling identifiable conflicts of interest: • Riverside County District Attorneys Office Political Corruption Unit • The Riverside County Grand Jury • The State's Attorney General's Office This process should not limit referral of cases to appropriate agencies such as the Federal Bureau of Investigation, State Franchise Tax Board and the Criminal Investigation Division of the Internal Revenue Service. In some cases it may be appropriate to have more than one agency conduct investigations into the same case but with different objectives. This frequently occurs in cases where the IRS is investigating tax evasion aspects of a criminal investigation that is being conducted by the Riverside County District Attorney's Office. 8 AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT, made effective January 16, 2013, is entered into by and between the CITY OF BEAUMONT ("Beaumont") and the CITY OF DESERT HOT SPRINGS ("DHS"). RECITALS WHEREAS, Beaumont has a Police Department that provides law enforcement services to the citizens of Beaumont; and WHEREAS, DHS desires to have the Beaumont Police Department ("BPD") provide supplemental law enforcement services within the City of Desert Hot Springs pursuant to this Agreement for Law Enforcement Services ("Agreement"). NOW, THEREFORE, in consideration of the respective provisions herein contained, Beaumont and DHS agree as follows: 1. Description of Services. Beaumont shall provide the following law enforcement services to DHS for and during the term of this Agreement and any extension(s) thereof: a. Basic Services. BPD will provide DHS with BPD personnel (sworn police officers) to be assigned to work one of three patrol shifts. BPD personnel may work overtime in DHS as needed, and may be called to assist during other shifts as needed by DHS. b. Assignment and Selection. BPD personnel will be assigned as needed to DHS. BPD will select all personnel for assignments to DHS. c. Support Services. For the purpose of performing the services required under this Agreement, Beaumont shall provide all necessary staffing, equipment, and supplies necessary to maintain the services to be rendered hereunder. d. Service Adjustment. The level of direct services set forth in this paragraph may be adjusted by written supplement to this Agreement executed on behalf of both parties hereto after approval by the City Manager of each City. Either City may initiate a request for modification of services by serving notice as provided herein. e. Investigation of Complaints of Misconduct. In the event that the complaint is filed that alleges official misconduct by DHS appointed or elected officials, the investigation by BPD personnel shall be conducted in accordance with the procedure set forth in Exhibit "A" attached hereto. 2. Management of Beaumont Employees'. BPD personnel shall be responsible to, and under the direct supervision of, the DHS Police Department; however, the responsibility for the selection, assignment and discipline of BPD personnel, including but not limited to, Beaumont employee salaries and benefits, shall remain exclusively with Beaumont. In the best interest of DHS, the DHS Chief of Police maintains the right to require that particular officers not be assigned to perform work under this Agreement. In such instances, the DHS Chief of Police shall notify the BPD Chief of Police in writing. Complaints regarding the conduct of Beaumont Police shall be submitted by DHS to the Beaumont Chief of Police. Such complaints shall be promptly investigated and the outcome communicated to the DHS Chief of Police. 3. Compensation. a. Monthly Payment. DHS agrees to pay to Beaumont a monthly sum computed in accordance with this Section. b. Computation. For each hour BPD personnel are assigned to DHS, or DHS related functions (e.g., court or meetings), DHS agrees to pay Beaumont the sum of $75.00 per assigned BPD personnel. Hours worked shall be portal to portal (i.e. travel time between Beaumont and DHS). c. Police Vehicles. BPD personnel assigned to DHS will drive DHS patrol vehicles. d. Monthly Statement. Beaumont shall provide the DHS City Manager and DHS Chief of Police with a monthly statement for services provided and the same shall be due and payable within 30 days. e. Fees Credited. Fees received by Beaumont that recover costs incurred as a result of persons arrested and convicted in DHS matters will be credited to amounts owed by DHS. Similarly, fees received by Beaumont that recover costs incurred as a result of vehicle storage and impounds in DHS matters will also be credited to amounts owed by DHS. These credits shall be given on a monthly basis. f. Booking Fees. Any booking fees incurred as a result of suspects arrested by Beaumont officers in DHS shall be the responsibility of DHS. g. Audit. The Cities agree to a year-end audit of all billings. DHS shall pay for all costs associated with the audit. An appropriate adjustment shall be made and promptly paid in the event of an over- or under-payment. 4. Property Acquisition/Seizure. a. Asset Seizure. When assets (cash or property) are seized in DHS by the BPD as a result of an enforcement effort, all of the seized and forfeited assets will be returned to DHS. i. Assets (cash or property) that are returned to DHS following forfeiture will be used to augment DHS law enforcement services. ii. Assets seized and forfeited as a result of an enforcement effort by BPD officers outside DHS become the sole and separate property of Beaumont and are not subject to the conditions set forth above. iii. The foregoing conditions shall apply (a) during the term of this Agreement, or any extension thereof, and (b) stemming from activities this occurred during the term of this Agreement, or any extension thereof. 5. Indemnification. DHS covenants that it shall indemnify, defend, and hold Beaumont, its officers, agents, employees, attorneys and officials harmless and from any third party claim or liability whatsoever, whether for property damage, bodily injury or death or any other element of damage of any kind or nature, arising from or relating to alleged or actual actions or omissions taking place in within the course and scope of this Agreement, including without limitation issues relating to the memorandum of understanding between the Beaumont Police Officers Association and Beaumont and any Beaumont and OHS equipment used to provide services pursuant to this Agreement. Notwithstanding the foregoing, DHS shall not be obligated to, and shall not, indemnify Beaumont for Liability arising from the gross negligence or willful misconduct of Beaumont. DHS covenants to indemnify, defend, and hold Beaumont harmless shall also include and cover, in its entirety and without limitation, except as set forth above, all actual or potential claims arising from or related to any DHS ordinance enforced in the course and scope of the Services, or any action or omission by DHS, its officers, agents, employees and independent contractors or subcontractors relating to this Agreement. Furthermore, DHS shall defend Beaumont, at its sole expense, including the costs of legal counsel and any necessary experts reasonably deemed to satisfactory to Beaumont. OHS' duty to defend Beaumont is entirely separate from, independent and freestanding of DHS' duty to indemnify Beaumont, and includes defense of Beaumont against claims for which Beaumont may be strictly liable, and applies whether the issue of DHS' negligence, breach of contract or other fault or obligation has been determined. It is the parties' intent that Beaumont shall be entitled to summary adjudication of OHS' duty to defend Beaumont during any stage of any claim or suit within the scope of this paragraph 5. Beaumont shall be entitled to recover from DHS the attorneys' fees and costs incurred in enforcing the indemnity provisions herein. 6. Insurance. DHS shall maintain limits no less than: a. General Liability. (Including operations produced and completed operations.) $25,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability. $25,000, 000 per accident for bodily injury and property damage. c. Employer's Liability. $1,000,000 per accident for bodily injury or disease. d. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions greater than $75,000 must be declared by OHS to, and approved by, Beaumont. At the option of Beaumont, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Beaumont, its officers, officials, employees and volunteers; or OHS shall provide a financial guarantee satisfactory to Beaumont guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Beaumont shall approve all self-insurance or pooling arrangements used by DHS to indemnify this Agreement. e. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. Beaumont, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of DHS; and with respect to liability arising out of work or operations performed by or on behalf of the DHS including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the DHS insurance, or as a separate owner's policy. ii. For any claims related to this project, DHS' insurance coverage shall be primary insurance as respects Beaumont, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Beaumont, its officers, officials, employees, or volunteers shall be excess of DHS' insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Beaumont. f. Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than AVII. g. Verification of Coverage. DHS shall furnish Beaumont with original certificates and amendatory endorsements effecting coverage required by this paragraph 6. All certificates and endorsements are to be received and approved by the Beaumont before work commences. Beaumont reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 7. Term. This Agreement shall commence on the Effective Date and terminate on June 30, 2013. Notwithstanding the term of the Agreement, either party may terminate the Agreement by serving written notice at any time, mailed or delivered, indicating that this Agreement shall terminate in 10 calendar days' after the date of the notice. The parties shall otherwise meet and confer prior to end of the term of the Agreement regarding an extension and/or amendment of this Agreement. This Agreement may only be amended by written mutual agreement signed by both parties. 8. Effect of Forces Beyond Beaumont's Control. Beaumont's obligations to furnish police services to DHS under this Agreement shall be subject to interruption on account of strikes, boycotts and other forces beyond Beaumont's control, in which case this Agreement may be terminated and there shall be a pro rata adjustment or refund of amounts payable to Beaumont hereunder. In the event of any such strike or boycott, Beaumont will nevertheless try to provide police service to DHS. 9. No Third Party Beneficiaries. No person is intended to be a third party beneficiary to this Agreement. 10. Dispute Resolution. Disputes regarding the interpretation or application of this Agreement, or any assertion that either party has failed to maintain its obligations under this Agreement, or any assertion of negligence by either party, shall first be submitted jointly to the Police Chief and City Manager of each City for investigation and resolution. The Chiefs and City Managers will make every good faith and reasonable effort to reach a mutually agreeable resolution, which will be ratified by the respective City Councils as necessary. Any disputes which cannot be resolved in that manner shall terminate the Agreement. 11. Notices. Any cancellation notice, statement or other notice provided for in this Agreement shall be mailed or delivered to the City of Beaumont at 550 East Sixth Street, Beaumont, California 92223, Attention: Chief of Police, and to the City of Desert Hot Springs, 65-950 Pierson Boulevard, Desert Hot Springs, California 92240, Attention: Chief of Police. Such addresses may be changed by addressee giving written notice of such change to the other party calling specific attention to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth below. CITY OF DESERT HOT SPRINGS CITY OF = • AUMONT By !v'Y /City anager vP ity an-ager Dated +< 1, T 1� Dated / - 31 - /3 Attested fi" Attested . 1.gooddlir IP Dated J/24115 Dated I -3 1 " 13