HomeMy WebLinkAboutC-7124-3 - Cooperative Agreement for Supplemental Police Services/IQ.R-72 k�
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�- COOPERATIVE AGREEMENT
BETWEEN CITY OF ORANGE AND CITY OF NEWPORT BEACH
FOR SUPPLEMENTAL POLICE SERVICES
This COOPERATIVE AGREEMENT ("Agreement") is made and entered into this
29th day of June, 2021, by and between the CITY OF NEWPORT BEACH ("Newport
Beach"), a California municipal corporation, and the CITY OF ORANGE ("Orange"), a
California municipal corporation (the "Parties").
AGREEMENT
TERM
The term of this Agreement shall commence on the Effective Date and shall
terminate on June 15, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Orange shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein. Newport Beach may elect to delete
certain Services with the Scope of Services at its sole discretion.
3. COMPENSATION TO ORANGE
3.1 Newport Beach shall pay Orange for the Services on a time and expense
not -to -exceed basis in accordance with the provisions of this Section.
3.2 For services performed during 2021 only, the Schedule of Billing Rates shall
be as set forth in Exhibit B, attached and incorporated herein. For services performed
during 2022, the Schedule of Billing Rates shall be as mutually agreed upon by the Parties
by a separate written document.
3.3 Orange's compensation for all Services shall not exceed Fifteen Thousand
Dollar and 00/100 ($15,000) without prior written authorization from Newport Beach.
3.4 The service time of the assigned officers shall begin when the officer begins
his/her shift and leaves the Orange Police Department, and ends when the officer
concludes his/her shift by returning to the Orange Police Department.
3.5 Orange agrees that at all times and for all purposes relevant to this
Agreement, Orange shall remain the sole and exclusive employer of the officers. Newport
Beach shall not grant, give, allow, pay, reimburse, compensate or otherwise provide any
wage, fringe benefits, gifts, equipment, personal property, supplies, entitlement,
consideration (monetary or otherwise) or any other thing of value, either directly or
indirectly, to the officers. Any and all money due or paid arising out of or related to this
Agreement shall be paid by Newport Beach directly and only to Orange to reimburse
Orange for costs pursuant to this Agreement and shall not be deemed consideration paid
by Newport Beach to the officers. Orange shall remain solely and exclusively responsible
for the direct payment of any and all compensation, benefits or other consideration to the
officers.
3.6 Orange shall submit an invoice to Newport Beach upon completion of the
Services provided at the designated event each year, including a brief description of the
Services performed, the date and times the Services were performed, and the names of
the Orange personnel performing the Services. Newport Beach shall pay Orange no later
than thirty (30) calendar days after approval of the invoice by City staff.
4. ADMINISTRATION
This Agreement will be administered by the Police Department of each of the
Parties. The Area 1 Lieutenant or designee shall be the Project Administrator for Newport
Beach and Lieutenant Mike Monjaraz shall be the Project Administrator for Orange. The
Project Administrators shall represent the Parties in all matters pertaining to the Services.
5. HOLD HARMLESS
5.1 To the fullest extent permitted by law, each Party shall indemnify, defend
and hold harmless the other, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Services are performed (collectively, the "Indemnified Parties")
from and against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorneys' fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a "Claim"; collectively, "Claims"), which may arise from
or in any manner relate (directly or indirectly) to any breach of the terms and conditions
of this Agreement and any Services provided under this Agreement.
5.2 Notwithstanding the foregoing, nothing herein shall be construed to require
any Party to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided.
6. INDEPENDENT CONTRATOR
Orange is an independent contractor and not an agent or employee of Newport
Beach. The manner and means of providing the Services are under the control of Orange,
except to the extent they are limited by statute, rule or regulation and the express terms
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of this Agreement. Orange shall have the sole responsibility for and control over the
means of performing the Services.
7. INSURANCE
Orange shall obtain, provide and maintain at its own expense during the term of
this Agreement, policies of insurance sufficient to cover any liabilities accruing from this
Agreement.
8. NOTICES
All notices required under this Agreement shall be in writing and delivered
personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the
address listed below. Either party may change the notice address by notifying the other
party in writing. Notices shall be deemed received upon receipt of same or within three
(3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be
deemed received on the date of the e-mail transmission.
To Newport Beach: Attn: Chief of Police
Police Department
City of Newport Beach
870 Santa Barbara Drive
Newport Beach, CA 92660
Email: jlewis@newportbeachca.gov
To Orange Attn: Dan Adams, Chief of Police
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
Email: dadams@cityoforange.org
9. TERMINATION
Each party shall have the right, in its sole and absolute discretion and without
cause, of terminating this Agreement at any time by giving no less than seven (7) calendar
days' prior written notice to the other party. In the event of termination under this Section,
Newport Beach shall pay Orange for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Orange has not been previously paid.
10. STANDARD PROVISIONS
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character. This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto, and all preliminary
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negotiations and agreements of whatsoever kind or nature are merged herein. This
Agreement may be modified or amended only by a written document executed by both
parties and approved as to form by their respective City Attorneys. If any term or portion
of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of
competent jurisdiction, the remaining provisions of this Agreement shall continue in full
force and effect. In the event of any dispute or legal action arising under this Agreement,
the prevailing party shall not be entitled to attorneys' fees. This Agreement may be
executed in two (2) or more counterparts, each of which shall be deemed an original and
all of which together shall constitute one (1) and the same instrument.
[Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTONEY'S OFFICE
Date:
Aar C. Harp
City Attorney
ATTEST:
Date: 7• / 26 e/
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B:��
Leilani I. Brown H
City Clerk to
C'`FO ,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: (0-3o—aI
By: fA LA- c....
Mary E. inning
Senior Assistant City Att y
CITY OF NEWPORT BEACH
a CalifoMija municipal corporation
Date
01
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ORANGE: City of Orange,
a California ipa corporation
Date:—,%u By:
Dan Adams
Chief of Police
APPROVE
Date: i Z_'
By:
ick Otte'
City Manager
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates - 2021
M
EXHIBIT A
SCOPE OF SERVICES
Orange shall provide Newport Beach with supplemental law enforcement services
for special events by assigning police officers to assist Newport Beach during events
subject to the direction of Newport Beach in the provision of these services. Orange
agrees that at all times and for all purposes relevant to this Agreement, Orange shall
remain the sole and exclusive employer of the officers assigned pursuant to this
Agreement.
The officers assigned by Orange to assist Newport Beach will be physically present
at events during the designated times. As determined necessary by the Newport Beach
Chief of Police or his/her designee, the officers may be directed to handle Emergencies.
An Emergency is a serious event that could reasonably result in serious danger to the
public of a police officer does not arrive immediately, or an event that could require an
officer to employ life-saving efforts and where the officer assigned by Orange is the
closest available officer to respond to the Emergency. Newport Beach agrees and
promises that the officers shall not be asked or required to perform any services or acts
other than governmental law enforcement functions, crime prevention, or police
protection.
Newport Beach has the sole authority to determine where and how Orange's
officers will be deployed during events. The officers identified on special events roster(s)
provided by Orange, the work schedules, and work hours shall represent the minimum
availability required under this Agreement. Newport Beach makes no representation as
to how long each officer will work during events, nor that any particular officer will be the
same during each scheduled service time or duty.
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EXHIBIT B
SCHEDULE OF BILLING RATES
2021
STAFFING:
POLICE OFFICER: $131.00 per hour