HomeMy WebLinkAboutC-5148(C) - Reimbursable Letter of Agreement No. R-13-650-0007 for Fourth of July Traffic Control Services 2013STATE OF CAUFORMA
DEPAATMEW OF eAUFORNLI HIGHWAY PATROL
REIMBURSABLE LETTER OF AGREEMENT
CHP 465 (Rev. 2 -12) OPI 076
�1 QC�Hr.FStc(G Cfi "P
THIS AGREEMENT, Reimbursable Services Control Log # R13- 650 -0007 made and entered into this 29th day
�y of May , 2013 , by and between the State of California, acting by and through the Department of California
(� Highway Patrol, hereinafter called CHP, and 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
t REQUESTER, WHICHEVER IS LATER. NO SERVICE SHALL BEGIN BEFORE THAT TIME.
t } 1. Reimbursable services are to be provided when Z traffic control Q security services E] vehicle Inspections
[3 other details for Thursday July 4, 2013
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 07/0112013 to 07/31/2013
3, The CHP coordinator shall be M. Martinez, 918741 , telephone number (760) 757 -1679
4, In the event of a disaster or unforeseen emergency, this Agreement may be canceled without prior notice by the GNP.
5, City ofNewportBeach 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.
Citpof 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.
B, 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($) cannot be notified of such cancellation, a minimum
of four hours overtime will be charged for each assigned uniformed employee.
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CHP 465 (Rev. 2 -12) OPI 076
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 $80.00 per
assigned CHP uniformed employee.
1Z 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. In consideration for the above services and upon receipt of an itemized invoice,
City ofNewport 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:
Otherexpenses:
Total estimated cost:
28.00 hrs.
@
$ 92,39
14,00 hrs.
@
$ 75.97
400 miles
@
$ 0.84
miles
@
$
$ 2,586.92
$ 1,063.58
$ 336.00
$ 3,98650
Note: If total estimated cost exceeds $50,000, a CHP 465 CAN NOT 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, forprocessing. (HPM 11.1, Chapter 6)
18. Pakment/Deposit. A form of advance payment/deposit shall be required before services can be performed. The CHP
command will collect the full amount of the estimate indicated herein for an Agreement 29 days or less. For an Agreement
over 30 days and up to 12 months, 50 percent of the estimate shall be collected.
a. Amount of deposit collected:
b. Check number /purchase order number:
c. Cash receipt number:
d. Federal Tax Identification Number:
Page 2 of 3 An internationally Accredited Agency chp465 m2.pd1
CHP 465 (Rev. 2-12) OR 076
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
f� 152 51 c 05/30/2013
Vander Signature Date Sign t e
D. Schroder David Kiff
Printed Name Printed Name
Captain City Manager
Title Title
Oceanside / 650 100 Civic Center Drive
Location Code Address
NewportBeach CA 92660
For use by CirylCounty'Glerk _ff ajiplfca6le'= = City State Zip Code
(949) 644-3000
Approved as to form by Date Telephone Number
AP- ED FORM:
c4Aftomey
Attest:c�4A o
City Clerk
Page 3 of 3 An Internationally Accredited Agency Chp465_1112.pdf