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Home My WebLink AboutC-7105-1 - Reimbursable Letter of Agreement R-17-675-007 for the Fourth of July Holiday 2017STATE OF CALIFORNIA O DEPARTMENT OF CALIFORNIA HIGHWAY PATROL REIMBURSABLE LETTER OF AGREEMENT r. CHP 465 (Rev. 2-12) OPI 076 r V THIS AGREEMENT, Reimbursable Services Control Log # R-17-675-007 made and entered into this 20th day of June 1 2017 , by and between the State of California, acting by and through the Department of California Highway Patrol, hereinafter called CHP, and The City of Newport Beach hereinafter called City of Newport Beach WORK SHALL COMMENCE ON THE START DATE OR UPON APPROVAL BY BOTH THE CHP AND REQUESTER, WHICHEVER IS LATER. NO SERVICE SHALL BEGIN BEFORE THAT TIME. 1. Reimbursable services are to be provided when ❑✓ traffic control ❑ security services [-]vehicle inspections ❑ other details for the 4th of July Holiday are required, the CHP agrees to provide uniformed personnel with motorcycles and/or patrol vehicles to assist with the Traffic control 2. The term of this Agreement will be 07/04/2017 to 07/05/2017 3. The CHP coordinator shall be Officer Randy Hivner, 915784 , telephone number (714) 567-6000 4. In the event of a disaster or unforeseen emergency, this Agreement may be canceled without prior notice by the CHP. 5. City of Newport Beach agrees, to the extent permitted by law to indemnify the CHP against and hold the CHP harmless from any and all claims, demands, suits, and actions for personal injury, death, loss, and/or property damage that may arise out of or in connection with the performance of this Agreement, even though such injury, death, loss and/or damage to property may be (or may be alleged to be) attributable in part to the active and/or passive negligence of the CHP and/or its appointees, officers, agents, employees, and servants. City of Newport Beach agrees to defend all such claims, demands, suits, and actions against CHP and/or its appointees, officers, agents, employees, and servants, although the CHP retains the right to conduct the defense at its own expense. City of Newport Beach shall reimburse the CHP for all expenses including court costs and reasonable attorney fees, incurred by reason of such claims, demands suits, and actions, or incurred in seeking indemnity or other recovery from City of Newport Beach thereunder. 6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by all parties and approved as required. No oral understanding or Agreement not incorporated in this Agreement is binding on any of the parties. 7. When one of the contracting parties is a county, city, district, or other local public body, this Agreement shall be accompanied by a copy of the resolution, order, motion, or ordinance of the local governing body, which by law provides the authority to enter into and execution of this Agreement. When performance by the local government entity will be completed before any payment by the CHP, such as a room rental or a one-time event, a resolution is not required. 8. City of Newport Beach agrees that additional charges which are directly related to the services provided, maybe assessed for the CHP supplies, additional equipment utilized, damage to uniforms, or property repaired or replaced at the CHP's expense. 9. If the CHP uniformed employee has reported to the assigned location and has worked less than four hours, City of Newport Beach agrees to pay every assigned uniform employee a minimum of four hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift. City of Newport Beach will not be charged for cancellations made more than 24 hours prior to the scheduled assignment. 10. City of Newport Beach agrees that if cancellation is made within 24 hours prior to the scheduled assignment and the assigned CHP uniformed employee(s) cannot be notified of such cancellation, a minimum of four hours overtime will be charged for each assigned uniformed employee. Page 1 of 3 An Internationally Accredited Agency Chp465l l l2.pdf CHP 465 (Rev. 2-12) OPI 076 11. City of Newport Beach agrees that if cancellation is made within 24 hours prior to the scheduled assignment and the CHP employee is notified of such cancellation, City of Newport Beach will only be charged a short notice cancellation fee of $50.00 per assigned CHP uniformed employee. 12. All cancellation notices to the CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Cancellation notices shall only be accepted by the appropriate CHP Division or Area office. 13. The CHP agrees to make reasonable efforts to notify those CHP uniformed employees of the cancellation. 14. No additional gifts, donation, or gratuities may be accepted by the CHP employees on their behalf or on the behalf of the Department, informal squad fund(s), or other local fund(s). 15. The hours and miles indicated in this Agreement are for estimate purposes only. Actual time and vehicle mileage will be charged. This includes travel between the CHP Division/Area command and the service location. 16. The rates indicated in this Agreement are for estimate purposes only. Any increases in overhead, mileage, damaged uniforms, private -owned safety equipment, salaries, and benefits are governed by collective bargaining agreement and/or statute. In the event an officer is not available, a sergeant will be assigned to work in the place of the officer, and City of Newport Beach will be charged at the current sergeant's pay. In the event of a rate increase, City of Newport Beach agrees to pay the increase rate. 17. In consideration for the above services and upon receipt of an itemized invoice, City of Newport Beach agrees to reimburse the CHP for the actual costs incurred at the time services are provided. Rate charged to City of Newport Beach shall in no event exceed the actual costs to the CHP to perform the requested services. The following cost information is for estimate purposes only: Sergeant: 24.00 hrs. @ $ 107.62 $ 2,582.88 Officer: 72.00 hrs. @ $ 88.47 $ 6,369.84 Vehicle mileage: 320 miles @ $ 0.76 $ 243.20 Motorcycle mileage: 1,040 miles @ $ 0.95 $ 988.00 Other expenses: Motor Officers = 84 hours @ $91.54 $ 7,689.36 Total estimated cost: $ 17,873.28 Note: If total estimated cost exceeds $50, 000, a CHP 465 CAN NOT be used. The reimbursable service request must be initiated on a CHP 78R. Reimbursable Services Contract Request, and forwarded to Business Services Section, Contract Services Unit, for processing. (HPM 11. 1, Chapter 6) 18. Payment/Deposit. A form of advance payment/deposit shall be required before services can be performed. The CHP command will collect the full amount of the estimate indicated herein for an Agreement 29 days or less. For an Agreement over 30 days and up to 12 months, 50 percent of the estimate shall be collected. a. Amount of deposit collected: b. Check number/purchase order number: c. Cash receipt number: d. Federal Tax Identification Number: Page 2 of 3 An Internationally Accredited Agency Chp465 1112.pdf CHP 465 (Rev. 2-12) OPI 076 WITNESSETH: By and in consideration of the covenants and conditions herein contained, City of Newport Beach and the CHP do hereby agree to the above terms and conditions. STATE OF CALIFORNIA Department of California Highway Patrol 06/20/2017 Commander Signature Date a R.SHACKLEFORD �tBtP printed Name �n Commanders,�ed y(0 Title Jr� 675 Location Code For use by City/County Clerk, if applicable Approved as to form by Date REQUESTOR'S NAME Telephone Number flmol'Ifin AP Page 3of3 An/ntemationally Accredited Agency Chp465_1 112.adr 06/20/2017 Sig re Date Jon Lewis printed Name Chief of Police Title 870 Santa Barbara Drive Address Newport Beach CA 92660 City Stale Zip Code (949)644-3702 Telephone Number flmol'Ifin AP Page 3of3 An/ntemationally Accredited Agency Chp465_1 112.adr CHP 465 (Rev, 2.12) OPI 076 WITNESSETH: By and in consideration of the covenants and conditions herein contained, City of Newport Beach and the CHP do hereby agree to the above terms and conditions. STATE OF CALIFORNIA D a t f California Highway Patrol 7.� 06/20/2017 Commaneersgnaafre Date R. SNACK.LUOR.0 Printed Name - Commander Me 675 Locatton Code ��P_5_ ri �1�9ti5�;L1tyCCu'if�pl2leik�f'+tPPa�,° ��''�:. Appmedastofomtby �— Date REQUESTOR'S NAME 06120/2017 Sig re Date POW NaMe� !on Lewis Chief of Police TWO 870 Santa.Bnrbara Drive Address Newop n Beaeh CA 92660 City State Zip Cade (949) 644-3702 Telaphooa Nwtber ATTEST' Cer4rN0101e�I `A !Gj'rr� Page 3of3 An lnterfiaflonagyAccredltedAgency �.. ChpaC7 niz.pdi