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HomeMy WebLinkAboutC-7694-1 - Agreement for Supplemental Law Enforcement Services - OC Marathon 2020AGREEMENT THIS AGREEMENT, dated for purposes of identification only this 18th day of April, 2019, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM," A N D CITY OF NEWPORT BEACH, a California municipal corporation and charter city, hereinafter referred to as "NEWPORT BEACH." WITNESSETH WHEREAS, pursuant to its powers as a charter city under the provisions of Article XI, Section 5 of the California Constitution, as well as the express provisions of California Government Code Section 53069.8, the ANAHEIM City Council is authorized to contract on behalf of the Chief of Police to provide supplemental law enforcement services to private individuals or private entities to preserve the peace at special events or occurrences that happen on an occasional basis; and WHEREAS, ANAHEIM desires to enter into a contract to provide supplemental law enforcement services to NEWPORT BEACH in accordance with the terms and conditions set forth below. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPPLEMENTAL LAW ENFORCEMENT SERVICES ANAHEIM shall provide to NEWPORT BEACH supplement law enforcement services as described in Exhibit "A" attached hereto and incorporated herein by reference. NEWPORT BEACH will direct the activities of ANAHEIM in the provision of these services. 2. REIMBURSEMENT NEWPORT BEACH shall reimburse ANAHEIM for the actual costs of providing the supplemental law enforcement services in accordance with the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. Compensation for all supplemental law enforcement services performed in accordance with this agreement, including all reimbursable items, costs, or other fees, shall not exceed Twenty Thousand Dollars ($20,000.00) without prior written authorization from NEWPORT BEACH. In addition, no billing rate changes shall be made without the prior written approval of NEWPORT BEACH." No extra supplemental law enforcement services beyond the scope of this Agreement shall be provided by ANAHEIM, unless such extra services shall be authorized in writing by the ANAHEIM Chief of Police or his designee. NEWPORT BEACH agrees to pay ANAHEIM for the supplemental law enforcement services within thirty (30) days after submission of a statement from ANAHEIM describing such supplemental law enforcement services. 3. INDEMNIFICATION NEWPORT BEACH agrees to indemnify, defend (at ANAHEIM's option) and hold harmless ANAHEIM, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, actions, liability, or consequential damages of any kind or nature arising out of or in connection with NEWPORT BEACH's (or NEWPORT BEACH's subcontractors, if any) performance or failure to perform, under the terms of this Agreement, except those which arise out of the sole negligence of ANAHEIM. ANAHEIM agrees to indemnify, defend and hold harmless NEWPORT BEACH, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, actions, liability, or consequential damages of any kind or nature arising out of or in connection with ANAHEIM's (or ANAHEIM's subcontractors, if any) performance or failure to perform, under the terms of this Agreement, except those which arise out of the sole negligence of NEWPORT BEACH. 2 4. INSURANCE Without limiting ANAHEIM's right to indemnification, it is agreed that NEWPORT BEACH shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows: Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad -Form Property Damage (if applicable) and Independent Contractors' Liability (if applicable), in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. Alternatively, a self-insured retention of up to Five Hundred Thousand Dollars ($500,000) is acceptable. ANAHEIM'S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he determines that such reduction is in ANAHEIM's best interest. In addition, these requirements may be satisfied by NEWPORT BEACH'S submission of documentation that it is self insured for the amounts required by this Agreement. Each insurance policy, excluding self-insurance, required by this Agreement shall contain the following clauses: "This insurance shall not be cancelled, limited in scope or coverage, or non - renewed until after thirty (30) days' prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805." "It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of and not contribute with insurance provided by this policy." Each insurance policy required by this Agreement, excepting policies for workers' compensation and professional liability, shall contain the following clause: "The City of Anaheim, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of 91 Anaheim." Prior to commencing any work under this Agreement, NEWPORT BEACH shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, NEWPORT BEACH shall provide to ANAHEIM endorsements to the above -required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by ANAHEIM, it shall be NEWPORT BEACH's responsibility to see that ANAHEIM receives documentation acceptable to ANAHEIM which substantiates that the individual signing said endorsements is indeed authorized to do so by the insurance company. Also, ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement. In addition to any other remedies ANAHEIM may have if NEWPORT BEACH fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option: A. Decline to provide supplemental law enforcement services under the Agreement or modify the services being provided; or B. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for NEWPORT BEACH's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which NEWPORT BEACH may be held responsible for payments of damages to persons or property resulting from NEWPORT BEACH's or its subcontractor's acts or omissions in related to this Agreement. El 5. ENTIRE AGREEMENT This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid. 6. ASSIGNMENT Neither NEWPORT BEACH nor ANAHEIM may assign or transfer this Agreement, or any part thereof, without the written consent of the other party. 7. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid. 8. NO WAIVER No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion. 9. TERMINATION Either ANAHEIM or NEWPORT BEACH may terminate this Agreement upon giving the other party at least seven (7) days' prior written notice. 10. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established 5 herein. 11. UNCONTROLLABLE FORCE (FORCE MAJEURE) No party shall be considered to be in default in the performance of any of its obligations under this Agreement (other than obligations to make payments for services rendered pursuant to this Agreement) when a failure of performance shall be due to uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party unable to perform such obligations, including, but not limited to, failure of or threat of failure of facilities, flood, earthquake, storm, drought, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non -action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, which by the exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome. 12. NOTICES Notices and communication concerning this Agreement shall be sent to the following addresses: Ie\\/,\:Irl AJI City of Anaheim Attention: City Clerk 200 S. Anaheim Boulevard Anaheim, CA 92805 With copy to: Anaheim Police Department Attn: Traffic Bureau Commander 425 S. Harbor Boulevard Anaheim, CA 92805 NEWPORT BEACH City of Newport Beach Attention: Eric Little 100 Civic Center Drive Newport Beach, CA 92660 Either party may, by notice to the other party, change the address specified above. Service of notice or communication shall be complete, if personally served, when received at the 2 designated address, or five (5) days after deposit of said notice or communication in the U.S. mail. 13. AUTHORITY AND EFFECTIVE DATE NEWPORT BEACH and NEWPORT BEACH's signators represent that the signators hold the positions set forth below their signatures and are authorized to execute this Agreement on behalf of NEWPORT BEACH and to bind NEWPORT BEACH hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event NEWPORT BEACH fails to set forth a date of execution opposite the name(s) of NEWPORT BEACH's signator(s), NEWPORT BEACH hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution by NEWPORT BEACH's signator(s) as the date said Agreement, as executed by NEWPORT BEACH, is received by ANAHEIM. [SIGNATURES ON THE FOLLOWING PAGE] h IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. "ANAHEIM" CITY OF ANAHEIM, a municipal corporation Date: By: Signed in Counterpart Chris Zapata City Manager ATTEST: Date: Signed in Counterpart By: Theresa Bass City Clerk APPROVED AS TO FORM: Robert Fabela, City Attorney Date: Signed in Counterpart By: Kristin A. Pelletier Sr. Assistant City Attorney "NEWPORT BEACH" CITY OF NEWORT BEACH, a Califorr�a� mugicipal corporation and charter city Date: By: 6 Lewis hief of Police —9000w%ft- AT] Dat( City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: k -2,&t 'IR ii C. Hari Attorney (�r IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. "ANAHEIM" CITY OF ANAHEIM, a municipal cor otion Date: r �/ , /10 r I jr B y: 1. Chris apat City Manager ATTEST: Date: Y: �eresaass City Clerk APPROVED AS TO FORM: Robert Fa}plaa, City �Attorney Date: ZY By: .--- A,.,.h; (10 Kris A. Pelletier Sr. Assistant City Attorney "NEWPORT BEACH" CITY OF NEWORT BEACH, a Califo��j mugici a( corporation and charter city Date: 7' /�j By: AhLewis iel'of Police ATTEST: Date: By: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: k, LK •+R n C. Harp Attorney (:.r EXHIBIT "A" CITY OF ANAHEIM REQUEST FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES 1. Name and address of party to be billed: CtT-t or- NEWPORT i3e'4u+ Phone Number: Q4k- CLILA- 3T1+3 2. Type of activity:-MIkFFIL CIOWM0L 3. Exact location of activity: \j,tQ.d„s > pp '�os�noNs Nearest Intersection: rJ E mporrr Cc.l`+-t-p-a- f e,” rr+ t3 R2BpMA- 4. Date of requested service: 5 -s-1q Number of hours requested: $ Time requested: From o 33o To k t3o (3 hours minimum) 5. Anticipated attendance: tzl oco 6. Purpose for supplemental law enforcement services: (Pedestrian control, vehicle control, other) TiLAFFiC CQn►T2o�yEFtictrE Cp�+i'+eo L Dated: 2 / zc 1 t9 Signed: Cze a(t SEAN Applicant - Title FOR CITY USE ONLY ACCEPTED BY: DENIED BY: DATE: Comments/Special Instructions: REV. 1.10@ EXHIBIT "B" CITY OF ANAHEIM RATES FOR SUPPLEMENTAL TRAFFIC CONTROL SERVICES HOURLY RATES P/T Traffic Control Assistant: $20.25 F/T Traffic Controller $31.25 Traffic Control Supervisor $47.25 Police Services Representative (OT) $41.00 Police Officer: $75.25 Police Sergeant: $92.50 Rev: 6.2.18 Special Event Entity Information Name of the entity organizing the event: clT-e or- PjeW9ott7 GZAC-% a - What kind of entity is it (private, corporation, non-profit, etc): G b VIFJZN M[/.J 1_ If a corporation, where is it incorporated out of (what state): Who is the legally authorized to sign on behalf of the entity (Name and title): 17DN 1 LewrS CGHIC4 OF Legal address of the entity: 100 cavi c �.�• rFi'Z t7 �2 �%6.✓ Po,z ��i*tc r e�4 ?24,C 6 Name, phone number, and e-mail address of the person organizing the event: &QIc- LtT Z -C, S"e'CA-V E L( r77 -IC (PAvgn0.6Q-(— 9y9-Gyy-3%y3 Note the paperwork process requires that you: Provide a current copy of the insurance information. The insurance coverage needs to be more than $1,000,000.000 and note the City of Anaheim as additionally insured. This insurance document needs to be turned in along with the agreement and permit documents.