HomeMy WebLinkAboutC-8069-1 - Agreement for Supplemental Law Enforcement ServicesAGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
THIS AGREEMENT is entered into thisday of JUNE 2016, by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city, hereinafter referred to as "NEWPORT BEACH", and the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as
"HUNTINGTON BEACH" (together referred to as "The Parties"), for supplemental law
enforcement services subject to the terms and conditions below.
WHEREAS, HUNTINGTON BEACH wishes to contract with NEWPORT BEACH
for supplemental law enforcement services during certain events to be designated by
HUNTINGTON BEACH: and
WHEREAS, NEWPORT BEACH is agreeable to providing such services, as
authorized in Government Code section 55632, on the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of the matters contained in this
Agreement, it is mutually agreed as follows:
1. Effective Date:
The term of this Agreement will begin on May 1, 2016, and continue until April
30, 2018 ("Term"). During the Term of the Agreement, NEWPORT BEACH will provide
supplemental law enforcement services to HUNTINGTON BEACH, in the manner
described herein. Upon expiration of the Term, this Agreement shall automatically
renew on a month to month basis, until either party gives thirty (30) days written notice
of intent to terminate.
2. Scope of Services:
a. HUNTINGTON BEACH occasionally has a need for supplemental law
enforcement support during special events ("Special Event'). At the
discretion of the Newport Beach Chief of Police, NEWPORT BEACH may
provide such support services as requested by HUNTINGTON BEACH.
HUNTINGTON BEACH shall notify NEWPORT BEACH at least thirty (30)
days in advance of the need for these services. HUNTINGTON BEACH will
consult with NEWPORT BEACH in advance regarding the preferred level of
service and number of Newport Beach Police Officers ("Officers") assigned to
the Special Event, but the Newport Beach Chief of Police has the final
authority to determine the level of service and number of Officers based on
the availability of Officers. It is understood by the Parties that NEWPORT
BEACH will assign one sergeant for every five Officers assigned to the
Special Event.
1
b. The Officers assigned to work within HUNTINGTON BEACH will endeavor to
be physically present at the Special Event during the designated time, but will
also have the flexibility to leave the Special Event, as determined by the
Newport Beach Chief of Police in his reasonable discretion, to handle
Emergencies. An "Emergency" is a serious event that could reasonably result
in serious danger to the public if Officers do not arrive immediately, or an
event that could require Officers to employ life-saving efforts, and where
Officers assigned to HUNTINGTON BEACH are the Officers available to
respond to the Emergency.
3. Scheduling of Officers:
NEWPORT BEACH has the sole authority to determine which Officers will be
assigned to HUNTINGTON BEACH during the Special Event. NEWPORT BEACH
makes no representation as to what Officers will work during the Special Event, nor that
the Officers will be the same during each scheduled service time.
4. Compensation:
a. HUNTINGTON BEACH will pay for the services provided under this
Agreement at the "Service Rates" incurred by NEWPORT BEACH.
NEWPORT BEACH Chief of Police may revise the Service Rates annually
based on personnel, equipment, and other costs determined by NEWPORT
BEACH, provided that revised Service Rates will apply only after NEWPORT
BEACH has given HUNTINGTON BEACH thirty (30) days' notice of the
revised Service Rates. Service Rates shall include all fully burdened costs
incurred by NEWPORT BEACH for the following: officer's hourly rate; fuel
and mileage surcharges; court time (minimum of four (4) hours per court
appearance, actual time shall be charged if court appearance exceeds four
(4) hours); training; officer equipment; benefits; dispatching; administration
and printing of citations. A copy of the current NEWPORT BEACH Service
Rates is attached hereto as Exhibit "A" for reference.
b. NEWPORT BEACH will submit an invoice to HUNTINGTON BEACH within
thirty (30) days of the end of each Special Event, and within thirty (30) days of
any component cost of the Service Rates incurred by NEWPORT BEACH,
and HUNTINGTON BEACH will pay NEWPORT BEACH the amount
referenced in the invoice within thirty (30) days of HUNTINGTON BEACH's
receipt of the invoice. As with all other Newport Beach Officers, the service
time of the Officers shall begin when the Officers begin his/her shift and leave
the Newport Beach Police Department and end when the Officers conclude
his/her shift by returning to the Newport Beach Police Department.
5. Prioritization of Law Enforcement:
2
HUNTINGTON BEACH acknowledges and agrees that during the term of this
Agreement, there may be circumstances beyond NEWPORT BEACH's control when
NEWPORT BEACH, in its sole discretion, may be unable to assign Officers to
HUNTINGTON BEACH. HUNTINGTON BEACH recognizes this possibility and hereby
waives any claims that may arise in connection with, or as a result of, any alleged
NEWPORT BEACH failure or decision not to provide supplemental law enforcement
services requested for a Special Event. For the purposes of this Agreement, the term
"circumstances" shall include unanticipated absences due to illness, injury, personal
emergency, and similar factors. NEWPORT BEACH agrees to assign Officers to cover
the service time as soon as reasonably feasible, and charge only for the time Officers
provide services.
6. No Agency, Joint Venture or Partnership:
HUNTINGTON BEACH and NEWPORT BEACH agree that neither NEWPORT
BEACH nor any Officers, agent or employee of NEWPORT BEACH, by virtue of this
Agreement, or otherwise, shall be considered to be an employee, contractor, sub-
contractor, partner, joint venture, representative, or agent of HUNTINGTON BEACH.
7. NEWPORT BEACH as Employer of Officers:
HUNTINGTON BEACH agrees that, at all times, and for all purposes relevant to
the Agreement, NEWPORT BEACH shall remain the sole and exclusive employer of the
Officers and in the following regard:
a. Notwithstanding any payment by HUNTINGTON BEACH made pursuant to
this Agreement, NEWPORT BEACH shall remain solely and exclusively
responsible for the direct payment to the Officers of any applicable wages,
compensation, overtime wages, expenses, fringe benefits, pension or
retirement benefits, travel expenses, mileage allowances, training expenses,
transportation costs, and/or other allowances or reimbursement of any kind,
including but not limited to, workers' disability compensation, unemployment
compensation, Social Security Act protection and benefits, any employment
taxes and/or other statutory or contractual right or benefit based, in any way,
upon any Officer's status as an employee of NEWPORT BEACH.
b. Notwithstanding any payment by HUNTINGTON BEACH made pursuant to
this Agreement, HUNTINGTON BEACH agrees that it shall not grant, give,
allow, pay, reimburse, compensate, or otherwise provide any wage, fringe
benefits, gifts, equipment, personal property, supplies, entitlement,
consideration (monetary or otherwise), or any other thing of value, either
directly or indirectly, to the Officers. Any money paid directly to NEWPORT
BEACH by HUNTINGTON BEACH to reimburse NEWPORT BEACH for costs
3
pursuant to this Agreement shall not be deemed consideration paid by
HUNTINGTON BEACH to the Officers.
c. HUNTINGTON BEACH and NEWPORT BEACH agree that this Agreement
does not, and is not intended to create grant, modify, supplement, supersede,
alter, or otherwise affect or control, in any manner or form: (1) any right
privilege, benefit or any other term or condition of employment of any kind or
nature whatsoever, in, upon or for any Officers and/or any Officers' agents,
representatives, unions, or the successors or assigns of any of them; (2) any
applicable NEWPORT BEACH employment and/or union contract; (3) any
level or amount of Officers' supervision, standard of performance, training or
education; (4) any NEWPORT BEACH rule, regulation, hours of work shift
assignment order, policy, procedure, directive, guideline, etc., which shall
solely and exclusively, govern and control the employment relationship
between NEWPORT BEACH and the Officers.
d. HUNTINGTON BEACH and NEWPORT BEACH agree that this Agreement
does not and is not intended to, limit, modify, control, or otherwise affect in
any manner NEWPORT BEACH's sole and exclusive right, obligation, and
responsibility to determine, establish, modify, or implement any and all
operational policies, procedures, orders, rules, regulations, guidelines, and/or
any other policy or directive which in any way governs or controls the activity
of any NEWPORT BEACH Officers.
e. HUNTINGTON BEACH agrees and promises that the Officers shall not be
asked or required to perform any services directly for HUNTINGTON BEACH
or otherwise be available to perform any other work or assignments for
HUNTINGTON BEACH or be expected to perform any acts other than
governmental law enforcement functions, crime prevention or police
protection.
f. HUNTINGTON BEACH agrees that neither HUNTINGTON BEACH nor any of
its agents shall otherwise provide, furnish or assign any Officers with any job
instructions, job descriptions, job specifications, or job duties, or in any
manner attempt to control, supervise, train or direct any Officers in the
performance of any NEWPORT BEACH duty to provide police protection
services under the terms of this Agreement. HUNTINGTON BEACH shall
provide NEWPORT BEACH with a copy of HUNTINGTON BEACH's
Ordinances so that the Officers are familiar with those Ordinances. The
Officers, however, will enforce the Ordinances only to the extent they are
consistent with the Officers duties and NEWPORT BEACH policies, State and
Federal law.
rd
g. NEWPORT BEACH acknowledges that this Agreement is nonexclusive and
that HUNTINGTON BEACH has the right to contract with third -party private
security providers.
8. No Special Benefit Created:
a. HUNTINGTON BEACH agrees that this Agreement does not, and is not
intended to, create, by implication or otherwise, any specific, direct, or indirect
obligation, duty, promise, benefit and/or special right to police protection
services or governmental law enforcement protection in favor of
HUNTINGTON BEACH, any HUNTINGTON BEACH agent(s) and/or any
other person, who, for any reason or for no reason, is at the Special Event.
Further, HUNTINGTON BEACH agrees that at all times, and for any and all
purposes under this Agreement, NEWPORT BEACH and the Officers present
at the Special Event under the terms of this Agreement, shall be present
strictly and solely to perform such police protection services and
governmental law enforcement functions authorized by law to and for the
benefit of the general public.
b. HUNTINGTON BEACH agrees that this Agreement does not, and is not
intended to include any NEWPORT BEACH warranty, promise, or guaranty,
either express or implied, of any kind or nature whatsoever, in favor of
HUNTINGTON BEACH, any agent, or any person present at a Special Event,
that any supplemental police protection provided by NEWPORT BEACH
under the terms and conditions of this Agreement will result in any specific
reduction in or prevention of any criminal activity, or any other performance-
based outcome, at the Special Event.
9. Indemnification:
a. The Parties shall be responsible for their own acts and omissions, and that
of their own Officers and employees.
b. Neither NEWPORT BEACH nor any Officers or employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by HUNTINGTON BEACH under or in
connection with any service or activity under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4,
HUNTINGTON BEACH shall fully indemnify and hold NEWPORT BEACH
harmless from any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omitted to
be done by HUNTINGTON BEACH under or in connection with any
service or activity under this Agreement.
5
C. Neither HUNTINGTON BEACH nor any Officers or employee thereof shall
be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by NEWPORT BEACH under or in connection
with any service or activity under this Agreement. It is understood and
agreed that, pursuant to Government Code Section 895.4, NEWPORT
BEACH shall fully indemnify and hold HUNTINGTON BEACH harmless
from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done
by NEWPORT BEACH under or in connection with any service or activity
under this Agreement.
d. This section shall survive the termination of this Agreement.
10. Claims:
HUNTINGTON BEACH agrees that it shall promptly deliver to NEWPORT
BEACH written notice and copies of any claim(s), complaint(s), charges, or any other
accusation or allegation of negligence or other wrongdoing, whether civil or criminal in
nature, that HUNTINGTON BEACH becomes aware of which involves in any way
NEWPORT BEACH or any of its Officers. HUNTINGTON BEACH agrees to reasonably
cooperate with NEWPORT BEACH in any investigation conducted by NEWPORT
BEACH into any act(s) or work performance of any Officers, including the Officers, in
connection with services provided under this Agreement.
11. Termination:
Either NEWPORT BEACH or HUNTINGTON BEACH may, before the scheduled
termination of this Agreement, cancel this Agreement, without cause, without incurring
any penalty or liability to the other party because of the cancellation. Cancellation may
be effectuated by delivering a written notice of cancellation of this Agreement to the
other party at least thirty (30) days before the effective date of cancellation (which
cancellation date shall be clearly stated in this written notice).
12. Notices:
All notices given pursuant to this Agreement shall (a) be in writing and sent by
overnight courier (return receipt requested) or facsimile transmission, (b) shall be
deemed given upon the date of delivery (or refusal to accept delivery) as indicated on
the return receipt; provided, however, if such notice is not delivered or refused on a
business day, then notice shall be deemed to have been given on the first business day
following the actual date of delivery or refusal and (c) addressed as follows:
9
If to NEWPORT BEACH:
City Manager
City of Newport Beach
1 00 Civic Center Drive
Newport Beach, CA 92660
Fax:
If to HUNTINGTON BEACH:
City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Fax:
13. Venue and Applicable Law:
With a Copy to:
Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
Fax:
With a Copy to:
Chief of Police
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Fax:
This Agreement is made and entered into in the State of California and shall be
governed under the laws of the State of California. Venue for any legal or equitable
action shall be in Orange County. This Agreement shall be construed as a whole
according to its fair meaning, and not construed strictly for or against any party.
14. Miscellaneous Provisions:
a. HUNTINGTON BEACH agrees that it may not assign, delegate, contract,
subcontract or otherwise transfer, promise, commit, or loan any police protection
services or duties under this Agreement to any other person and/or public or private
corporation, entity, or organization of any kind, without the prior consent of NEWPORT
BEACH's City Manager, which consent shall not be unreasonably withheld.
b. Absent an express waiver, the failure of any party to pursue any right
granted under this Agreement shall not be deemed a waiver of that right regarding any
existing or subsequent breach or default under this Agreement.
C. NEWPORT BEACH and HUNTINGTON BEACH acknowledge that this
Agreement shall be binding upon each of them and, to the extent permitted by law,
upon their administrators, representatives, subsidiaries, executors, successors, assigns,
and all persons acting by, through, under, or in concert with any of them.
d. This Agreement is solely between the two signators hereto and is not
intended to create, nor should it be construed to create any rights in so-called third party
beneficiaries.
e. In the event of any dispute or legal action arising under this Agreement,
the prevailing party shall not be entitled to attorneys' fees.
15. Entire Agreement:
This Agreement sets forth the entire agreement for supplemental law
enforcement services between NEWPORT BEACH and HUNTINGTON BEACH and
fully supersedes any and all prior agreements or understandings between them in any
way related to the subject matter hereof.
The Parties to this Agreement have signed this agreement as of the date stated
above:
CITY OF NEWPORT BEACH
p` wql lV
-DavidYtfif
City Manager
Attest:
ill
Leilani Brown
City Clerk
Reviewed and Agreed:
J Lewis
Chief of Police
Approved as to Form:
Aaron C. Harp
City Attorney
CITY OF HUNTINGTON BEACH
gzela
Robert Handy
Chief of Police
Approved as to Form:
City Attorney
Attachments: Exhibit A — Service Rates
M
nlu�
\So
EXHIBIT A
SERVICE RATES
Personnel Rate
Police Officer $95.00/hour
Police Sergeant $110.00/hour