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HomeMy WebLinkAboutC-4317 - Agreement for Provision of Supplemental Police ServicesAGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF ANAHEIM FOR PROVISION OF SUPPLEMENTAL POLICE SERVICES THIS AGREEMENT is made and entered into this a" day of Too 2010 by and between the CITY OF NEWPORT BEACH, a California municipal corporation, hereinafter the "CITY" and the CITY OF ANAHEIM, a California municipal corporation, hereinafter "ANAHEIM." RECITALS A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of the City; B. ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the charter of the City; C. CITY wishes to contract with ANAHEIM to grovide supplemental police services in the City of Newport Beach during the July 4 holiday; and D. ANAHEIM is willing to provide such services, as authorized in Government Code Section 55632, under the terms and conditions provided in this agreement. NOW THEREFORE, it is mutually agreed by and between CITY and ANAHEIM as follows: Term. The term of this Agreement shall commence on July 4, 2010 at 12:00 A.M. and shall terminate on July 5, 2010 at 11:59 P.M. unless extended or terminated pursuant to mutual agreement of the parties. 2. Services to be Performed. CITY has the need for supplemental police services during the July 4 holiday due to excessive crowds and demands for service. ANAHEIM, at the discretion of the ANAHEIM Chief of Police, may provide such services as requested by CITY. 3. Compensation. CITY agrees to pay ANAHEIM the cost of providing the services mutually agreed upon in this Agreement. The cost of services includes salaries, wages, overtime wages, benefits, mileage, supplies, and any other departmental and ANAHEIM overhead expenses. The total cost of services shall not exceed Twenty Nine Thousand Nine Hundred Ninety Nine Dollars and No /100 ($29,999.00). 1 of 5 A. Rates. CITY shall compensate ANAHEIM for the cost of service for Officers at the rate of Sixty -Six Dollars and No /100 ($66.00) per hour. CITY shall compensate ANAHEIM for the cost of service for Sergeants at the rate of Eighty-Five Dollars and No /100 ($85.00) per hour. 4. Invoices. ANAHEIM shall submit an invoice to CITY payable by CITY within thirty (30) days of receipt of the invoice. S. Notices. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to CITY by ANAHEIM and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from ANAHEIM to CITY shall be addressed to CITY at: Attn: Chief of Police City of Newport Beach Police Department PO Box 7000 870 Santa Barbara Dr. Newport Beach, CA 92658 -7000 Phone: (949) 6443701 All notices, demands, requests or approvals from CITY to ANAHEIM shall be addressed to ANAHEIM at: Attention: Chief of Police City of Anaheim Police Department 425 S. Harbor Blvd. Anaheim, CA 92805 Phone: (714) 765 -3872 5. Independent Contractor. ANAHEIM is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and ANAHEIM or any of ANAHEIM's agents or employees. ANAHEIM, through its Chief of Police, shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by ANAHEIM pursuant to this Agreement. ANAHEIM, its agents and employees, shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees. 6. Indemnification. ANAHEIM, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any street or work or property of CITY, or for any illegality or 2of5 unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold ANAHEIM, its officers, agents and employees free and harmless from any 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, attomey's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate (directly or indirectly) to the oonditon of any public street or work or property of CITY or upon the illegality or unconstitutionality of any municipal ordinances of CITY that ANAHEIM enforces, or upon any act or omission, whether willful or negligent, of CITY, its officers, agents, or employees related to this Agreement and CITY shall defend at its expense, including attorney fees, ANAHEIM, its officers, agents, and employees in any legal action or claim of any kind based any such condition of any public street or work or property, or alleged illegality or unconstitutionality of a municipal ordinance, or such alleged acts or omissions. ANAHEIM shall indemnify, and hold the CITY, its officers, agents, and employees harmless and free from any 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, attomey's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate (directly or indirectly) to any act or omission, whether willful or negligent, of ANAHEIM, its officers, agents, or employees, related to this Agreement and ANAHEIM shall defend at its expense, including attomey fees, CITY, its officers, agents and employees in any legal action or claim of any kind based upon such alleged acts or omissions. 7. Controllina Law and Venue. The laws of the State of Califomia shall govem this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 8. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 9. Severability. 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. 10. Intearated Aareement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are 3of5 merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11. Waiver. 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. 12. Amendment. This Agreement may be modified or amended only by a written document executed by both ANAHEIM and CITY and approved as to form by both Offices of the City Attorney. [SIGNATURES ON FOLLOWING PAGE) 4of5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED OFFICE OF TO FORM: RNEY Myh_etW D. Beauchamp, Assistant City Attorney for the City of Newport Beach OOP ATTEST: B :' �• Y Leilani Brown, City Clerk for the City of Newport Beach APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: 4 -,,,__ C ATTEST: CITY OF NEWPORT BEACH, A California Municipal Corporation By: Ro rt Luman, Chief of Police for the City of Newport Beach By: A"z:) CITY OF ANAHEIM, A California Municipal Corporation [END SIGNATURES] 5 of 5 ORIGINAL AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF ANAHEIM FOR PROVISION OF SUPPLEMENTAL POLICE SERVICES THIS AGREEMENT is made and entered into this day of 2009 by and between the CITY OF NEWPORT BEACH, a municipal corporation hereinafter called the "CITY" and the CITY OF ANAHEIM hereinafter called "ANAHEIM." RECITALS A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of the City; B. ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the charter of the City; C. CITY wishes to contract with ANAHEIM to �rovide supplemental police services in the City of Newport Beach during the July 4 holiday; and D. ANAHEIM is willing to provide such services, as authorized in Government Code Section 55632, under the terms and conditions provided in this agreement. NOW THEREFORE, it is mutually agreed by and between CITY and ANAHEIM as follows: Term. The term of this Agreement shall commence on July 4, 2009 at 12:00 A.M. and shall terminate on July 5, 2009 at 11:59 P.M. unless extended or terminated pursuant to mutual agreement of the parties. 2. Services to be Performed. CITY has the need for supplemental police services during the July 4t" holiday due to excessive crowds and demands for service. ANAHEIM, at the discretion of the ANAHEIM Chief of Police, may provide such services as requested by CITY. Compensation. CITY agrees to pay ANAHEIM the cost of providing the services mutually agreed upon in this Agreement. The cost of services includes salaries, wages, overtime wages, benefits, mileage, supplies, and any other departmental and ANAHEIM overhead expenses. The total cost of services shall not exceed $29,999.00. 4. ANAHEIM shall submit an invoice to CITY payable by CITY within thirty (30) days of receipt of the invoice. 1 of 4 5. Independent Contractor. ANAHEIM is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and ANAHEIM or any of ANAHEIM's agents or employees. ANAHEIM, through its Chief of Police, shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by ANAHEIM pursuant to this Agreement. ANAHEIM, its agents and employees, shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees. 6. Indemnification. ANAHEIM, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold ANAHEIM, its officers, agents and employees free and harmless from any 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate (directly or indirectly) to the condition of any public street or work or property of CITY or upon the illegality or unconstitutionality of any municipal ordinances of CITY that ANAHEIM enforces, or upon any act or omission, whether willful or negligent, of CITY, its officers, agents, or employees related to this Agreement and CITY shall defend at its expense, including attorney fees, ANAHEIM, its officers, agents, and employees in any legal action or claim of any kind based any such condition of any public street or work or property, or alleged illegality or unconstitutionality of a municipal ordinance, or such alleged acts or omissions. 7. Indemnification. ANAHEIM shall indemnify, and hold the CITY, its officers, agents, and employees harmless and free from any 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate (directly or indirectly) to any act or omission, whether willful or negligent, of ANAHEIM, its officers, agents, or employees, related to this Agreement and ANAHEIM shall defend at its expense, including attorney fees, CITY, its officers, agents and employees in any legal action or claim of any kind based upon such alleged acts or omissions. 8. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this 2 of 4 Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 9. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 10. Severability. 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. 11. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 12. Waiver. 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. 13. Amendment. This Agreement may be modified or amended only by a written document executed by both ANAHEIM and CITY and approved as to form by both Offices of the City Attorney. [SIGNATURES ON FOLLOWING PAGE] 3 of 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: aron . Harp Assistant City Attrney for the City of Newport Beach ATTEST: ro ''`Leilani Brown, City Clerk for the City of Newport Beach APPROVED AS TO FORM: OFFICE OF THE CITY AT -T1 in EY: ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation Joh 0 Klein, Chief of Police for the City of Newport Beach CITY OF ANAHEIM, A Municipal Corporation [END SIGNATURES] 4 of 4