HomeMy WebLinkAboutC-9485-2 - Agreement for Supplemental Law Enforcement ServicesCZ
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AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF ANAHEIM AND THE CITY OF NEWPORT BEACH
THIS AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
("Agreement') is entered into this 1 st day of March, ("Effective Date") by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "AGENCY" and the
CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as
"NEWPORT BEACH" (together referred to as "the Parties"), subject to the terms and conditions
below.
WHEREAS, NEWPORT BEACH wishes to contract with AGENCY, for supplemental
law enforcement services during certain events to be designated by NEWPORT BEACH; 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. NEWPORT BEACH 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 NEWPORT BEACH for a
Special Event. NEWPORT BEACH shall notify AGENCY at least thirty (30) days in advance of
the need for these services. NEWPORT BEACH 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 NEWPORT BEACH 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.
3. Scheduling of Officers.
AGENCY has the sole authority to determine which Officers will be assigned to
NEWPORT BEACH 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.
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4. Compensation.
a. NEWPORT BEACH will pay 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
NEWPORT BEACH thirty days notice of the revised Service Rates.
b. AGENCY will submit an invoice to NEWPORT BEACH within thirty (30) days of the
end of each Special Event, and NEWPORT BEACH will pay AGENCY the amount referenced
in the invoice within thirty (30) days of NEWPORT BEACH'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 Seventy Five Thousand Dollars $ 0)
("Contract Amount"). WO
5. Prioritization of Law Enforcement Needs.
NEWPORT BEACH 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 NEWPORT BEACH. NEWPORT BEACH 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.
NEWPORT BEACH 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 employee, contractor, sub -contractor, partner, joint venture, representative, or agent of
NEWPORT BEACH.
7. AGENCY as Employer of Officers.
NEWPORT BEACH 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.
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b. NEWPORT BEACH 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 NEWPORT
BEACH to reimburse AGENCY for costs pursuant to this Agreement shall not be deemed
consideration paid by NEWPORT BEACH 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. NEWPORT BEACH agrees and promises that Officers shall not be asked or required
to perform any services directly for NEWPORT BEACH or otherwise be available to perform
any other work or assignments for NEWPORT BEACH or be expected to perform any acts other
than governmental law enforcement functions, crime prevention or police protection.
f. NEWPORT BEACH 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. NEWPORT BEACH shall provide AGENCY with a copy of NEWPORT
BEACH'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 NEWPORT
BEACH has the right to contract with other law enforcement agencies as well as third -party
private security providers.
8. No Special Benefit Created.
a. NEWPORT BEACH 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 NEWPORT BEACH, any NEWPORT BEACH agent(s) and/or any other
person, who, for any reason or for no reason, is at the Special Event. Further, NEWPORT
BEACH agrees that at all times, and for any and all purposes under this Agreement, AGENCY
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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. NEWPORT BEACH 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 NEWPORT BEACH, 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 NEWPORT
BEACH 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, NEWPORT BEACH
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 NEWPORT BEACH under or in connection with any service or activity under this
Agreement.
c. Neither NEWPORT BEACH 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 NEWPORT BEACH 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.
NEWPORT BEACH 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 NEWPORT BEACH becomes
aware of which involve AGENCY or any of its Officers. NEWPORT BEACH 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 NEWPORT BEACH 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
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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:
If to NEWPORT BEACH:
City Manager
City of Newport Beach
100 Civic Center Dr.
Newport Beach, CA 92660
Email: gleung@newportbeachca.gov
If to AGENCY:
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: dminer@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 parry.
14. Miscellaneous Provisions.
a. NEWPORT BEACH 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 parry 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.
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15. No Attorneys' Fees.
In the event of any dispute or legal action arising under this Agreement, the prevailing
parry shall not be entitled to attorneys' fees.
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 NEWPORT BEACH and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates
written below.
CITY OF NEWPQRT BEACH
Date:
David Miner
Chief of Police
Attest: ��� PORT
Date: fy1
Leilani Brown C�ClFO�r
City Clerk
Approved as to Form:
Date: 1?�
het
A o C. Harp
Cit Attorney 3 �/
as
CITY OF
Reviewed and Agreed:
Date--
Ric enda
Chief of Po ice
Approved as to F
Date: a
Robq Fabela
City/Attorney
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EXHIBIT A
Anaheim Police Department
Service Rates
Title
OT Billable Hourly Rate
P/T Traffic Control Assistant
$22.88
F/T Traffic Control
$36.78
Traffic Control Supervisor
$55.89
Police Services Representative (OT)
$48.65
Police Officer
$93.25
Police Sergeant
$114.44
Note: A three-hour minimum will be charged for all classifications, and for each individual
scheduled, unless a cancellation notice is received more than 24 hours prior to the start
of the event. Time -and -one half will be charged for the P/T Traffic Control Assistant
classification on New Year's Day, Martin Luther King Jr. Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas Day.
Rev 2-22.25
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