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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