HomeMy WebLinkAboutC-9485-1 - Agreement for Supplemental Law Enforcement Servicesn4R-i4513 C,
ORIGINAL
AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF ANAHEIM
THIS AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
("Agreement') is entered into this 1 st day of January, 2024, ("Effective Date") by and between
the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as
"AGENCY" and the CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as
"ANAHEIM" (together referred to as "the Parties"), subject to the terms and conditions below.
WHEREAS, ANAHEIM wishes to contract with AGENCY, for supplemental
law enforcement services during certain events to be designated by ANAHEIM; and
WHEREAS, AGENCY is agreeable to providing such services, as authorized in
Government Code section 55632, on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the matters contained in this Agreement, it is
mutually agreed as follows:
1. Term.
The term of this Agreement will begin on Effective Date and expire on December 31,
2026, or until the Contract Amount is exhausted, whichever occurs earlier ("Term").
2. Scope of Services.
a. ANAHEIM occasionally has a need for supplemental law enforcement support during
special events ("Special Event"). At the discretion of the AGENCY Chief of Police, AGENCY
may provide such support services as requested by ANAHEIM for a Special Event. ANAHEIM
shall notify AGENCY at least thirty (30) days in advance of the need for these services.
ANAHEIM will consult with AGENCY in advance regarding the preferred level of service and
number of Police Officers ("Officers") assigned to the Special Event, but the AGENCY
Chief of Police has the final authority to determine the level of service and number of
Officers based on the availability of Officers. AGENCY will assign one sergeant for every five
Officers assigned to the Special Event.
b. Officers assigned to work within ANAHEIM will endeavor to be physically present
at the Special Event during the designated time, but will also have the flexibility to leave the
Special Event, as determined by the AGENCY Chief of Police in his / her reasonable discretion,
to handle Emergencies if he/she/they are the closest officer(s) available to respond to the
emergency. An "Emergency" is a significant event that could reasonably result in serious danger
to the public if a police officer does not arrive immediately, or an event that could require an
officer to employ life-saving efforts.
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3. Scheduling of Officers.
AGENCY has the sole authority to determine which Officers will be assigned to
ANAHEIM during the Special Event. AGENCY makes no representation as to which Officers
will work during the Special Event, nor that the Officers will be the same during each scheduled
service time.
4. Compensation.
a. ANAHEIM will pay the for the services provided under this Agreement, as set forth in
Exhibit A "Service Rates," attached hereto and incorporated herein by reference. The AGENCY
Chief of Police may revise the Service Rates annually based on personnel and equipment costs,
provided that revised Service Rates will apply only after AGENCY has given ANAHEIM thirty
days notice of the revised Service Rates.
b. AGENCY will submit an invoice to ANAHEIM within thirty (30) days of the end of
each Special Event, and ANAHEIM will pay AGENCY the amount referenced in the invoice
within thirty (30) days of ANAHEIM's receipt of the invoice. As with all other AGENCY police
officers, the service time of the Officers shall begin when the officer begins his/her shift and
leaves the AGENCY Police Department and ends when the officer concludes his/her shift by
returning to the AGENCY Police Department.
c. The Parties agree that the services to be performed by, and the amount payable to,
AGENCY under this Agreement shall not exceed Ninety Thousand Dollars ($90,000) ("Contract
Amount").
5. Prioritization of Law Enforcement Needs.
ANAHEIM acknowledges and agrees that, during the term of this Agreement, there may
be circumstances beyond AGENCY's control when AGENCY, in its sole discretion, may be
unable to assign Officers to ANAHEIM. ANAHEIM recognizes this possibility and hereby
waives any claims that may arise in connection with, or as a result of, any alleged AGENCY
failure to provide supplemental law enforcement services requested for a Special Event. For the
purposes of this Agreement, the term "circumstances" shall include unanticipated absences due
to illness, injury, personal emergency, and similar factors. AGENCY agrees to assign an officer
to cover the service time as soon as reasonably feasible, and charge only for the time Officers
provide services.
6. No Agency, Joint Venture or Partnership.
ANAHEIM and AGENCY agree that neither AGENCY nor any officer, agent or
employee of AGENCY, by virtue of this Agreement, or otherwise, shall be considered to be an
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employee, contractor, sub -contractor, partner, joint venture, representative, or agent of
ANAHEIM.
7. AGENCY as Employer of Officers.
ANAHEIM agrees that, at all times, and for all purposes relevant to the Agreement,
AGENCY shall remain the sole and exclusive employer of the Officers and in the following
regard:
a. AGENCY shall remain solely and exclusively responsible for the direct payment to the
Officers of any applicable wages, compensation, overtime wages, expenses, fringe benefits,
pension or retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and /or other allowances or reimbursement of any kind, including but not
limited to, workers' disability compensation, unemployment compensation, Social Security Act
protection and benefits, any employment taxes, and/or other statutory or contractual right or
benefit based, in any way, upon any Officers' status as an employee of AGENCY.
b. ANAHEIM agrees that it shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wage, fringe benefits, gifts, equipment, personal property, supplies,
entitlement, consideration (monetary or otherwise), or any other thing of value, either directly or
indirectly, to the Officers. Any money paid directly to AGENCY by ANAHEIM to reimburse
AGENCY for costs pursuant to this Agreement shall not be deemed consideration paid by
ANAHEIM to the Officers.
c. The Parties agree that this Agreement does not, and is not intended to create, grant,
modify, supplement, supersede, alter, or otherwise affect or control, in any manner or form: (1)
any right, privilege, benefit, or any other term or condition of employment, of any kind or nature
whatsoever, in, upon or for any police officer and/or any officers' agents, representatives, unions,
or the successors or assigns of any of them; (2) any applicable AGENCY employment and/or
union contract; (3) any level or amount of police officer supervision, standard of performance,
training or education; or (4) any AGENCY rule, regulation, hours of work, shift assignment,
order, policy, procedure, directive, guideline, etc. which shall solely and exclusively, govern and
control the employment relationship between AGENCY and the Officers.
d. The Parties agree that this Agreement does not and is not intended to, limit, modify,
control, or otherwise affect in any manner AGENCY's sole and exclusive right, obligation, and
responsibility to determine, establish, modify, or implement any and all operational policies,
procedures, orders, rules, regulations, guidelines, and/or any other policy or directive which in
any way governs or controls the activity of any AGENCY police officer.
e. ANAHEIM agrees and promises that Officers shall not be asked or required to perform
any services directly for ANAHEIM or otherwise be available to perform any other work or
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assignments for ANAHEIM or be expected to perform any acts other than governmental law
enforcement functions, crime prevention or police protection.
f. ANAHEIM agrees that neither it nor any of its agents shall otherwise provide, furnish
or assign any police officer with any job instructions, job descriptions, job specifications, or job
duties, or in any manner attempt to control, supervise, train or direct any police officer in the
performance of any AGENCY duty to provide police protection services under the terms of this
Agreement. ANAHEIM shall provide AGENCY with a copy of ANAHEIM's Ordinances so that
the Officers are familiar with those Ordinances. The Officers, however, will enforce the
Ordinances only to the extent they are consistent with the Officer's duties and AGENCY
policies, State and Federal law.
g. AGENCY acknowledges that this Agreement is non-exclusive and that ANAHEIM has
the right to contract with other law enforcement agencies as well as third -party private security
providers.
8. No Special Benefit Created.
a. ANAHEIM agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct, or indirect obligation, duty, promise, benefit,
and/or special right to police protection services or governmental law enforcement protection in
favor of ANAHEIM, any ANAHEIM agent(s) and/or any other person, who, for any reason or
for no reason, is at the Special Event. Further, ANAHEIM agrees that at all times, and for any
and all purposes under this Agreement, AGENCY and the Officers present at the Special Event
under the terms of this Agreement, shall be present strictly and solely to perform such police
protection services and governmental law enforcement functions authorized by law to and for the
benefit of the general public.
b. ANAHEIM agrees that this Agreement does not, and is not intended to include any
AGENCY warranty, promise, or guaranty, either express or implied, of any kind or nature
whatsoever, in favor of ANAHEIM, any agent, or any person present at a Special Event, that any
supplemental police protection provided by AGENCY under the terms and conditions of this
Agreement will result in any specific reduction in or prevention of any criminal activity, or any
other performance -based outcome, at the Special Event.
9. Indemnification.
a. The Parties shall be responsible for their own acts and omissions, and that of their own
officers and employees.
b. Neither AGENCY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by ANAHEIM
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under or in connection with any service or activity under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, ANAHEIM shall fully indemnify and
hold AGENCY harmless from any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by ANAHEIM
under or in connection with any service or activity under this Agreement.
c. Neither ANAHEIM nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by AGENCY
under or in connection with any service or activity under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, AGENCY shall fully indemnify and
hold ANAHEIM harmless from any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by AGENCY
under or in connection with any service or activity under this Agreement.
d. This section shall survive the termination of this Agreement.
10. Claims.
ANAHEIM agrees that it shall promptly deliver to AGENCY written notice and copies of
any claim(s), complaint(s), charges, or any other accusation or allegation of negligence or other
wrongdoing, whether civil or criminal in nature, that ANAHEIM becomes aware of which
involve AGENCY or any of its Officers. ANAHEIM agrees to reasonably cooperate with
AGENCY in any investigation conducted by AGENCY into any act(s) or work performance of
any police officer, including the Officers, in connection with services provided under this
Agreement.
11. Termination.
Either AGENCY or ANAHEIM may terminate this Agreement, without cause, without
incurring any penalty or liability to the other party because of the termination. Termination may
be effectuated by delivering a written notice to the other party at least thirty (30) days before the
effective date of termination (which date shall be clearly stated in the written notice).
12. Notices.
All notices given pursuant to this Agreement shall (a) be in writing and sent by overnight
courier (return receipt requested) or email transmission, (b) shall be deemed given upon the date
of delivery (or refusal to accept delivery); provided, however, if such notice is not delivered or
refused on a business day, then notice shall be deemed to have been given on the first business
day following the actual date of delivery or refusal and (c) addressed as follows:
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If to AGENCY:
City Manager
City of Newport Beach
100 Civic Center Dr.
Newport Beach, CA 92660
Email: gleung@newportbeachca.gov
If to ANAHEIM:
City Manager
City of Anaheim
200 S. Anaheim Blvd., Suite 733
Anaheim, CA. 92805
Email: CityManager@anaheim.net
With a Copy to:
Chief of Police
Newport Beach Police Department
870 Santa Barbara Dr.
Newport Beach, CA 92660
Email: jcartwright@nbpd.org
With a Copy to:
Chief of Police
Anaheim Police Department
425 S. Harbor Blvd.
Anaheim, CA. 92805
Email: rarmendariz@anaheim.net
13. Venue and Applicable Law.
This Agreement is made and entered into in the State of California and shall be governed
under the laws of the State of California. Venue for any legal or equitable action shall be in
Orange County. This Agreement shall be construed as a whole according to its fair meaning, and
not construed strictly for or against any party.
14. Miscellaneous Provisions.
a. ANAHEIM agrees that it may not assign, delegate, contract, subcontract or otherwise
transfer, promise, commit, or loan any police protection services or duties under this Agreement
to any other person and/or public or private corporation, entity, or organization of any kind,
without the prior consent of AGENCY's City Manager.
b. Absent an express waiver, the failure of any party to pursue any right granted under
this Agreement shall not be deemed a waiver of that right regarding any existing or subsequent
breach or default under this Agreement.
c. The Parties acknowledge that this Agreement shall be binding upon each of them and,
to the extent permitted by law, upon their administrators, representatives, subsidiaries, executors,
successors, assigns, and all persons acting by, through, under, or in concert with any of them.
d. This Agreement is solely between the Parties hereto, and is not intended to create, nor
should it be construed to create any rights in so-called third party beneficiaries.
15. No Attorneys' Fees.
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
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16. Amendments.
This Agreement may be modified or amended only by a written document executed by
both Parties in accordance with their respective procedures and authorities.
17. Severability.
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
18. Counterparts.
This Agreement may be executed in two (2) or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one (1) and the same instrument.
19. Entire Agreement.
This Agreement sets forth the entire agreement for supplemental law enforcement
services between AGENCY and ANAHEIM and fully supersedes any and all prior agreements
or understandings between them in any way related to the subject matter hereof.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates
written below.
CITY OF NEWPORT BEACH
Date: / 2! l ?�?2
�—c
G�ei eung
pityManager
Attest:
Date: U-z1. um
Reviewed and Agreed:
Date: • ;L0 •.2
Jo ai wrigl
C ief of Police
Approved as to Form:
Date: 12-j71 Z-v 3
6�0 5—)�
4--,,'Aaron C. Harp ldj-)j)$Dt.
City Attorney
CITY OF ANAHEIM
Attest:
Date: 01
u
he esa Bass
City Clerk
Reviewed and Agreed:
Date:
�12• Z�'ZdZ
Rick Armendariz
Chief of Police
Approved as to Form:
Date: 1 ,2 �
Robo Fabela
City Attorney
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Exhibit A
Newport Beach Police Department
Service Rates
Title
OT Billable Hourly Rate
Parking Control Officer
$48.80
Community Services Officer .
$48.80
Police Officer
$79.95
Police Sergeant
$111.99
Police Lieutenant
$131.58
Agreement No.
Ct fA h
o na ei y m
Agreement Summary Sheet for Agreements Executed by the City Manager
and Request for Sole Source Waiver
The City Manager is authorized by the City Council (April 27, 2021) to execute, ratify and amend
contracts and agreements where the compensation payable under the contract does not exceed
$200,000. If the compensation payable under an agreement exceeds $200,000, it shall be
placed on the City Council agenda for approval. If the combined fees payable to a consultant
under multiple contracts exceed $500,000 during any five (5) year period, the contract will be
placed on the City Council agenda for approval.
The City Manager's Authority to enter into agreements where the consultant is selected without
receiving multiple proposals is up to $50,000. Any agreement valued at over $50,000 that did
not solicit multiple proposals must be approved by the City Council.
From: Police
Department irector's Signat
Contract Administrator: Kerrstyn Vega 765-1445
Name
Name of Contractor: City of Newport Beach
Phone Number
Description of services to be provided (please be specific): City will provide
supplemental law enforcement services during certain events
for the City of Anaheim.
I. Sole Source Waiver
A. Are you requesting a sole source waiver for an amount between $5,000 to
$25,000: Yes Approved by City Manager:
No
II. Type of Agreement (new, amendment)
A. Is this the first time you have entered into an agreement with this contractor
within the last 5 years: Yes F1No
If YES, were bids received for this service: Yes ❑ No ❑� N/A
If NO, please enter the cumulative value of previous agreements with the
contractor and when it expired:
Expiration Date (month/year)
Did you solicit bids when you entered into the previous agreements:
Yes, F—]No [-�N/A
B. ; Is.this an Extension or Amendment of an existing Agreement: Yes ❑� No
i. If YES, please enter in the cumulative value of previous agreements with the
contractor: $
IITA
Agreement No. I
Value of the Agreement
A. Value of the proposed Agreement: $90,000
*City Manager's Authority is $200,000 or $500,000 during any five year period for the same consultant.
i. If this is an extension or amendment, what is the cumulative value:
(combine the extension amount of the agreement and the original value of the agreement)
B. List all other contracts the department has entered into with this consultant in
the last 12 months, including a description of each contract and its value and
the cumulative value of all contracts with that consultant.
Contract Description
Date Authorized
by City Manager
or City Council
Value
1.
$
2.
$
3.
$
4.
$
Proposed Contract that you are requesting to be signed today (Total):
$
Cumulative Total of all contracts including the proposed contract:
$
Check here if your department does not have any other agreements with
this contractor.
C. What is the term of the proposed new agreement/amendment:
D. Are there renewal options? If so, specify:
Selection Process
Es
12/31 /2026
(i.e. with an option to renew for three additional one year renewals)
(i.e. 1 year)
A. Did the department solicit proposals from a minimum of three (3) qualified
consultants: ❑Yes �No
i. If YES, how many proposals were received:
(enter quantity)
ii. If NO, explain why you are requesting to utilize the consultant without
receiving bids: Law enforcement supplemental services
V. Fundinq Source
A. Was this agreement anticipated in the approved budget: DYes ❑No ❑N/A
If NO, please explain:
B. Choose the funding source:
General Fund Restricted ❑ N/A
❑Other: