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Home My WebLink AboutC-5148(A) - Reimbursable Letter of Agreement No. R-13-670-006 for Fourth of July Traffic Control Services 201300 C1 STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL REIMBURSABLE LETTER OF AGREEMENT CHP 465 (Rev. 2 -12) aPl 076 THIS AGREEMENT, Reimbursable Services Control Log # R -13 -670 -006 made and entered into this 23 day of May 2013 , by and between the State of California, acting by and through the Department of California Highway Patrol, hereinafter called CHIP, and _ the City ofNewport Beach hereinafter called the 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 ,1 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 2. The term of this Agreement will be 07,104/2,013 to 07104/2013 3. The CHP coordinator shall be Sergeant Mark Aldrich telephone number (714) 892 -4426 4. In the event of a disaster or unforeseen emergency, this Agreement may be canceled without prior notice by the CHP. 6. the 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. the City of Newport Reach 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. the 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 the 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, the 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, the 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. the City of Newport Beach will not be charged for cancellations made more than 24 hours prior to the scheduled assignment. 10. the 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 {ntemationatllyAeeredifed Agency ehp4ss_11 I2,9dI CHP 465 (Rev. 2 -12) OPI076 11, the 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, the 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 maybe 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 the City of Newport Beach will be charged at the current sergeant`s pay, in the event of a rate increase, the City of Newport Beach agrees to pay the increase rate. 17. In consideration for the above services and upon receipt of an itemized invoice, the City of Newport Beach agrees to reimburse the CHP for the actual costs incurred at the time services are provided. Rate charged to the Citv 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: Officer: Vehicle mileage: Motorcycle mileage: Other expenses: Total estimated cost: 14.00 hrs. @ 70.00 hrs. @ _miles @ 600 miles @ $ 89.30 $ 75.97 $ 1.33 $ 1,250.20 $ 5,317.90 $ 798,00 $ 7,366.10 Note: if total estirnated cost exceeds $50,000, a CHP 465 CAN NOT be used. The reimbursable service request must be initiated on a CHP 76R. Reimbursable Services Contract Request, and forwarded to Business Services Section, Contract Services Unit, forprocessing. (HPM 11, 1, Chapter 6) 18. PavmentlDeposit. 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 lntemationatfy Accredited Agency cnp4se_1112.pe CHP 465 (Rev. 2-12) OPI 076 WITNESSETH: By and in consideration of the covenants and conditions herein contained, the City of Newport Beach and the CHP do hereby agree to the above terms and conditions. STATE OF CALIFORNIA REQUESTOR'S NAME Department of California Highway Patrol Commander Signature Date Signa Date D. J. A. GOODBRAND Printed Name Captain Title 670 Location Code For Use b}i CifylCouni�Glerf<; ifapplicable Approved as to form by Date David Kiff Printed Name City Manager Title 100 Civic Center Dr. Address Newport Beach CA 92660 City State Zip Code (949) 644-3000 Telephone Number APP OV D O FORD; 7 �, i ttomey Acle'k Attests �Y-! FOP -'!:d Page 3 of 3 An Internationally Accredited Agency Chp465_1112.pdf