HomeMy WebLinkAboutC-7694-2 - Agreement for Supplemental Law Enforcement Services - OC Marathon 2021A�- G 12-131 5a
AGREEMENT
THIS AGREEMENT, dated for purposes of identification only this Ist day of
September, 2021, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
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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:
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.
("Services") NEWPORT BEACH will direct the activities of ANAHEIM in the provision of these
Services.
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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 to this agreement, including all reimbursable items,
costs, or other fees, shall not exceed Twenty Thousand Dollars and 00/100 ($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.
4. INSURANCE
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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 and 00/100
($500,000.00) is acceptable.
ANAHEIM's Risk Manager is hereby authorized to reduce the requirements set
I 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.
Iclauses:
Each insurance policy required by this Agreement shall contain the following
"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:
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
Anaheim."
Prior to commencing any work under this Agreement, NEWPORT BEACH shall
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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
I 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
I property resulting from NEWPORT BEACH's or its subcontractor's acts or omissions in related to
this Agreement.
5. ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties with respect to the
I 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
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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
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
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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:
ANAHEIM
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: Cory Wolik
870 Santa Barbara 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
designated address, or five (5) days after deposit of said notice or communication in the U.S. mail.
13. AUTHORITY AND EFFECTIVE DATE
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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.
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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"
"NEWPORT BEACH"
CITY OF ANAHEIM, CITY OF NEWPORT BEACH,
A municipal corporat'on a California corporation and charter city
Date: D I Z Date:
Y
Jorge CisnerosLewis
goief
Chief of Police of Police
is
Date: ffkuj M11 ,/ATTEST-
ffl.uar
By: WMJ YV d
Bass Leilani I. Brown16e.F;Perr'e8s
City Cl k City Clerk
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APPROVED AS TO FORM: APPROVED AS TO FORM:
19 Robert Fab fla,�ity Attorney CITY ATTORNEY'S OFFICE
20 Date: JO t / ,2/ Date: �D/oS Zl
21
22 By: By:
Kris A. Pelletier Pa on arp AM 0,01J17-123 Sr. Assistant City Attorney Attorney
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Attachments: Exhibit A- Supplemental Law Enforcement Services
26 Exhibit B — Rates for Supplemental Traffic Control Services
27
28 88832v.11
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EXHIBIT "A"
CITY OF ANAHEIM
REQUEST FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
1. Name and address of party to be billed: C—=- y oV' fs Pr- R —� bt.. e#�
Phone Number: OLkc�- (v k4 - S-7 9 3
2. Type of activity: F -e-- C. -r-
3. Exact location of activity: Qt* -9 k.�;;, 126Py Q6,--, -* 6)C.. rnNfRrvr-r*o(-�
Nearest Intersection: tJ E.�646f- r-
4. Date of requested service: " I S I Number of hours requested:
Time requested: From To A' -S%1 (3 hours minimum)
5. Anticipated attendance: U Q) MCS
6. Purpose for supplemental law enforcement services: (Pedestrian control, Vehicle control, other)
Dated: F, I 1 gl D �
ACCEPTED BY: DENIED BY:
DATE:
Comments/Special Instructions:
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EXHIBIT "B"
CITY OF ANAHEIM
RATES FOR SUPPLEMENTAL TRAFFIC CONTROL SERVICES
I. HOURLY RATES
P/T Traffic Control Assistant: $21.47
F/T Traffic Controller $33.66
Traffic Control Supervisor $51.15
Police Services Representative (OT) $44.52
Police Officer:
$84.48
Police Sergeant: $103.68
Rev: 07-01-21