HomeMy WebLinkAboutC-8485-5 - Reimbursable Letter of Agreement R-21-675-0230 for Orange County Marathon 2022iJ)
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
I_✓^� REIMBURSABLE LETTER OF AGREEMENT
�W CHP 485 (Rev. 12-20) OPI 071
J
(� THIS AGREEMENT, Reimbursable Services Control Log # R-21-675-0230 made and entered into this 10 day
of March 2022 , by and between the State of California, acting by and through the Department of California
V Highway Patrol, hereinafter called CHP, and The 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 the O.C. Marathon
are required, the CHP agrees to provide uniformed personnel with motorcycles and/or patrol vehicles to assist with the
Traffic control
2. The term of this Agreement will be 05/01/2022 to 05/01/2022
3. The CHP coordinator shall be Officer K. Yoon, #15914 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 CHP'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_1220.pd(
CHP 465 (Rev. 12-20) 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. Inconsideration 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:
Officer:
Vehicle mileage:
Motorcycle mileage:
Other expenses:
Total estimated cost:
18.00 hrs.
@
$ 124.67
$ 2,244.06
126.00 hrs.
@
$ 102.48
$ 12,912.48
640 miles
@
$ 1.41
$ 902.40
miles
@
$
$
16,058.94
Note: If total estimated cost exceeds $50, 000, a CHP 465 CANNOT 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 19.1, Administrative Procedures Manual, Chapter 6, Reimbursable Services) -
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 Fiscal Management Section, Accounts Receivable.
Page 2 of 3
a. Amount of deposit collected:
b. Check number:
c. Cash receipt number:
d. Federal Tax Identification Number:
An Internationally Accredited Agency
C1p466_1220.pdf
CHP 466 fRev. 12-20) 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 NAME
Department of California Highway Patrol
l?II WIV 16.7 -VIZ el-se£•t-) Acr?iJG COP -011110V 03/1-q/2orti
Commander Signature Date Signature Date
M. E. HARRIS
JmrT—+twis STPA RA5AA 4S5*N
Printed Name
Printed Name
Commander
Police Chief C A C -T 2 N G�
Title
Title
675
870 Santa Barbara Drive
Location Code
Address
Newport Beach CA 92660
For_use by;CltylCounty Clerk] it applicable ;`
City State Zip Code
(949)644-3743
Approved as to form by Date
Telephone Number
BILLING INFORMATION
City of Newport Beach
Company Name
870 Santa Barbara Drive
Billing Address (The invoice or refund of advance deposit will be sent to this address)
Newport Beach
CA 92660
City
State Zip Code
Jon T. Lewis
Contact Name
jlewis@nbpd.org
nbpd.org
E-mail
Attest:
z- zz� '0/�
Leilani 1. BeANn, MMC, City Clerk
Date:
(949)644-3743
Telephone Number
APPROVED AS TO FORM:
CITY ATTORN'S OFFICE
Date: 71'k 3%Z Z
B
Aaron C. Harp, City Attorney ch,- opmm
Page 3 of 3 An Internationally A ccredited Agency Chp465_1220.pdf
ADDENDUM TO
REIMBURSABLE LETTER OF AGREEMENT
This Addendum to Reimbursable Agreement ("Addendum") is made and entered
into by and between the State of California, acting by and through the Department of
California Highway Patrol (hereinafter, "CHP"), and the City of Newport Beach, acting by
and through the City of Newport Beach Police Department (hereinafter "City"), with
reference to the following:
RECITALS
WHEREAS, CHP and City entered into that certain Reimbursable Letter of
Agreement dated March 10, 2022, for the provision of traffic control services for the
Orange County Marathon (hereinafter, "Agreement"); and
WHEREAS, CHP and City intend to supplement the terms of the Agreement with
the additional terms set forth in this Addendum, so that the Agreement and this
Addendum, together, form one and the same instrument (hereinafter, "Contract").
Therefore, it is mutually agreed by and between the undersigned parties as follows:
1. Recitals. CHP and City acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into the Contract.
2. Independent Contractor. All services shall be performed by qualified and
experienced personnel who are not employed by City. It is understood that City retains
CHP on an independent contractor basis, and CHP is not an agent or employee of City.
The manner and means of conducting the work are under the control of CHP, except to
the extent they are limited by statute, rule, regulation, or the express terms of the Contract.
No civil service status or other right of employment shall accrue to CHP or its employees
from the City. Nothing in the Contract shall be deemed to constitute approval for CHP or
any of CHP's employees or agents, to be the agents or employees of City. CHP shall
have the responsibility for and control over the means of performing the work, provided
that CHP is in compliance with the terms of the Contract. Anything in the Contract that
may appear to give City the right to direct CHP as to the details of the performance of the
work or to exercise a measure of control over CHP shall mean only that CHP shall follow
the desires of City with respect to the results of the services.
3. Compensation. CHP's compensation for all work performed in accordance
with the Contract, including all reimbursable items, costs, fees, or other expenses of any
nature whatsoever, shall not exceed Eighteen Thousand Dollars and 00/100
($18,000.00) without prior written authorization from City. No billing rate changes shall be
made during the term of the Contract without the prior written approval of City.
4. Standard of Care. The parties acknowledge that the City is relying on CHP's
professional and technical experience to provide the services required by the Contract.
CHP represents that it possesses the professional and technical personnel and
Page 1 of 2
experience required to perform the services, and that CHP will perform the services with
the degree of skill and care commensurate with community professional standards
ordinarily used by other reasonably competent law enforcement agencies under similar
circumstances.
5. CHP's Sole Negligence. Notwithstanding anything to the contrary, CHP
agrees to indemnify, defend, and hold harmless City and its officers, employees,
volunteers, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses of every kind and nature whatsoever (hereinafter, "Claims"), for
personal injury, death, loss, and/or property damage that may arise out of or in connection
with CHP's sole negligence or willful misconduct. Notwithstanding the foregoing, nothing
herein shall be construed to require CHP to indemnify the City from any Claims arising
out of the City's sole negligence or willful misconduct.
6. Prohibition Against Assignments and Transfers. The services to be
provided by CHP pursuant to the Contract shall not be assigned, transferred, contracted,
or subcontracted without the prior written approval of City.
7. City's Right to Utilize Other Law Enforcement. City reserves the right to
utilize other law enforcement agencies to provide the same or similar services as those
to be provided by CHP pursuant to the Contract.
8. Controlling Law and Venue. The laws of the State of California shall govern
the Contract and all matters relating thereto, and any action brought relating thereto shall
be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
In witness whereof, the parties have caused this Addendum to be executed.
STATE OF CALIFORNIA,
Dept. of the California Highway Patrol
Date:
By:
M.E. Harris, Commander,
Location Code 675
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 03 (2 q/2oZ.2
By: E-�Z-- , Ac,r ZN6 cp P'b) zty
ewes Sre-t,t k45A4t 55Jri
Chief of Police (*qc Tg.-je,)
For use by City/County Jerk, if applicable: For use b Ci y/County Clerk, if applicable:
Date: Date: a��
By: By:
Leilani I. rown
City Clerk APPROVED AS TO FORM:
=
17A ORNEY'S OFFICE
Page 2 of 2 aron C. Harp City Attorney �M os11hL