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Home My WebLink AboutC-8485-2 - Reimbursable Letter of Agreement R-17-675-294 for Orange County Marathon 2018STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL REIMBURSABLE LETTER OF AGREEMENT CHP 465 (Rev. 1-18) OPI 071 THIS AGREEMENT, Reimbursable Services Control Log # R-17-675-294 made and entered into this 10th day of April 2018 , by and between the State of California, acting by and through the Department of California Highway Patrol, hereinafter called CHP, and 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 are required, the CHP agrees to provide uniformed personnel with motorcycles and/or patrol vehicles to assist with the Orange County Marathon in Newport Beach 2. The term of this Agreement will be 05/06/2018 to 05/06/2018 3. The CHP coordinator shall be Officer R. Hivner , 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 CRP'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 Chp465_0118.pdf CHP 465 (Rev. 1-18) OPI 071 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: 17.00 hrs. @ $ 110.03 $ 1,870.51 Officer. 102.00 hrs. @ $ 90.45 $ 9,225.90 Vehicle mileage: 350 miles @ $ 0.83 $ 290.50 Motorcycle mileage: 180 miles @ $ 1.07 $ 192.60 Other expenses: Motor Officers 17.00 hours X $94.04 $ 1,598.68 Total estimated cost: $ 13,178.19 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. COLLECTION OF ADVANCE DEPOSIT FOR A MOTION PICTURE/FILM. A form of advance deposit shall be required before services can be performed. The advance deposit shall be made by the requesting party and hand delivered directly to the Statewide Film Media Relations Officer (FMRO) or to the on -scene command officer in -charge. The FMRO or on -scene command officer in -charge will approve, complete a CHP 230, Transmittal Record, and forward the advance deposit to FMS, RSU. a. Amount of deposit collected: $ b. Check number: c. Cash receipt number: d. Federal Tax Identification Number: Page 2 of 3 An Internationally Accredited Agency Chp465_0118.pdf CHP 465 (Rev. 1-18) OPI 071 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 REQUESTOR'S NAMF// Department of California Highway Patrol 04/10/2018 04/23/2018 Commander Signature Date nature Date R. Shackleford Printed Name Commander Title 675 Location Code For use by City/County Clerk, if applicable Approved as to form by Date Jon T. Lewis Printed Name Chief of Police Title 870 Santa Barbara Drive Address Newport Beach CA 92660 City State Zip Code (949)644-3743 Telephone Number APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:-- I L4/l8 B 4. r Aaron C. Harp, City Attorney CH -9.1.18 ckn\ Attest: 4)Aq* Leilani I. Brown, MMC, City Clerk Date: — T• Z'1= 0 d��axaoyi>a O Page 3 of 3 An Internationally Accredited Agency Chp465_0118.pdf CHP 465 (Rev, 1-18) OPI 071 WITNESSETH: By and in consideration of the covenants and conditions herein contained, City ot'Newnen•i "licach and the CHIP do hereby agree to the above terms and conditions. STATE OF CALIFORNIA REQUESTOR'S NAM Department of California Highway Patrol 04/10/20 f s 04/23/27018 _..,_...... .._............_..,.__.._...- ...__....__,.._...__...__....__...__.._-..._...-. _. ._.. � _.___._......_.._ Commander S1gnaUiro UAIo naturo _ ._ ____ Dale R. Shacklolbrd NOW Narna _Ccxiuuander Title 675 ____._�.__........_,......_._.......__......-..,........_........__.._................._.._ .._........... .__. LoaAlton Cade . L�wA Por ttso by (TttylCQ�itit9 C(erk,;lt a�pcap(d » Appioved au fo form by Date Jon 'r.Lew k ._.__:_....._...__................._.........,..._.........._............._....---_.__..._......._................_ Printed Name Chief ol, 11olica Tido 870 Sanha Barbara Drive .._,-..._......_....._..__.. __...._.._—.._... ..__...... _... Atldraea Newport Bench CA 92660 —__....._..._................................_......._.._......... _._ City State Zip Code (949) 644-3743 T i.aphona Nuniber APPROVED AS TO FORM: CITY ATT'ORNFY"5 OFFICE Date: Py. r ,f�arcln O. Harp, City Attomey a-LE�1.I8 Attu, Lellan! 1. Brown, MMG, City Clerk 0"Ife. __ LI141_L_ Pae 3 of 3 _.:�.._..- tJ An lnfernationially Accredited Ardency cnt,M_o t i is Pdr