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).
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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
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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
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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)
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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]
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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.
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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
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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]
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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]
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