HomeMy WebLinkAboutIRVINE, CITY OF 12 -2006
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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.
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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.
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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
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CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS
ir:P,""-1! Pil!2:IO
CLERK OFTHE COUNCIL OFFICE
f":: . "r,
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TO:
FROM: DEPT.:Sa~a-PD.Ilomela~di~~rity Division
MAIL STOP:M-18
CONTACT PERSON:
01'1"'0 LA<.<FEI'.
EXT,:
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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
.