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HomeMy WebLinkAboutIRVINE, CITY OF 12 -2006 N-2006-123 0: SAPD(ZJ(l.8row.) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF IRVINE FOR PROVISION OF SUPPLEMENTAL POLICE SERVICES THIS AGREEMENT is made and entered into this '1.~ day of tJ~"2006 by and between the CITY OF SANTA ANA, a municipal corporation hereinafter called the "CITY" and the CITY OF IRVINE hereinafter called "IRVINE." 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. IRVINE 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 IRVINE to provide supplemental police services in the City of SANTA ANA during special events where additional officers are needed and the deployment does not fall within the guidelines of any existing mutual aid agreement. D. IRVINE 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 IRVINE as follows: 1. Term The term of this Agreement shall commence on January 1, 2007 at 12:00 A.M. and shall terminate on December 31, 2007 at 11 :59 PM. 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 special events, due to excessive crowds and demands for service at various special events. IRVINE, at the discretion of the IRVINE Chief of Police, may provide such services as requested by CITY. 3. Compensation. CITY agrees to pay IRVINE 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 overhead expenses. The total cost of services shall not exceed $10,000.00. 1 of 3 sy 01 4. IRVINE shall submit an invoice to CITY payable by CITY within thirty (30) days of receipt of the invoice. 5 Independent Contractor. IRVINE 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 IRVINE or any of IRVINE'S agents or employees IRVINE, 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 IRVINE pursuant to this Agreement. IRVINE, 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. IRVINE, 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 IRVINE, its officers, agents and employees free and harmless from any claim or liability whatsoever, based or asserted upon 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 IRVINE had enforced, or upon any act or omission of CITY, its officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense, including attorney fees, IRVINE, its officers, agents, employees and independent contractors in any legal action or claim of any kind based on any such condition of any public street or work or property, or alleged illegality or unconstitutionality of a municipal ordinance, or alleged acts or omiSSIons. 7. Indemnification. IRVINE shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of IRVINE, its officers, agents, employees, subcontractors or independent contractors related to this Agreement for property damage, bodily injury or death, or any other element of damage of any kind or nature, and IRVINE shall defend at its expense, including attorney fees, CITY, its officers, agents and employees in any legal action or claim Df any kind based upon such alleged acts Dr omissiDns. 2 Df 3 8 Entire Agreement. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST CITY OF SANTA ANA G~~ By._ PATRICIA E. HEALY Clerk of the Council ~~ By ';YDAVID N. R M City Manager APPROVED AS TO FORM. ,//7 J1 p:ici~r:W FLETC~R City Attorney MENDED FOR APPROVAL: PA L M. WALTERS Police Chief Dated: \ L- - 01-(.;(0 ATI'EST: ~~~'(1" ~( ?;b- /l, ", IF V VID L. MAG- ./ Chief of Poli I CITY OF IRVINE~ By: C/J A. ~_ b~ City Manag r FORM: City Atto e City of IRVINE 3 of 3 '0,,\01 ~ ~ CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS ir:P,""-1! Pil!2:IO CLERK OFTHE COUNCIL OFFICE f":: . "r, '-", -".-, TO: FROM: DEPT.:Sa~a-PD.Ilomela~di~~rity Division MAIL STOP:M-18 CONTACT PERSON: 01'1"'0 LA<.<FEI'. EXT,: fl7~7 THE FOllOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AGREEMENT NUMBER (if amendment): A f N AMENDMENT NUMBER (if applicable): COUNCIL APPROVAL DATE: o 1ST o 2ND o 3RD o AMOUNT: o OVER$10,000 o UNDER $10,000 NAME OF CONSULTANT: TERM OF AGREEMENT: EFFECTIVE DATE: TERMINATION DATE: INSURANCE REQUIRED: 0 NO DYES If yes, 0 ATTACHED o IN PROGRESS o AUTO o PROFESSIONAL LIABILITY o CGL (Commercial General Liability) o WORKERS COMPENSATION (INS, APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: o VENDOR o CITY ATTORNEY o o AGENCY (UNDER $10,000) OTHER COMMENTS: FOR CLER~FICE USE ONLY: ~ PROCESS o DO NOT PROCESS o MISSING SIGNATURES D NEEDS COUNCIL APPROVAL o OTHER - rffMtlJ?7/1dcd A ~J. ~~ O. ADDITIONAL REMARKS: /-/1- 0 7 .