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
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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.
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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
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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.
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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]
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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
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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.