HomeMy WebLinkAboutHUNTINGTON BEACH, CITY OF (6) -2014a sq,�py -P f) 0 ) N -20'14 -056
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INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
_. —_ ... THE CITY OF SANTA ANA
FOR
SUPPLEMENTAL LAW ENFORCEMENT SERVICES
DURING CERTAIN EVENTS
This Agreement ( "Agreement") is made and entered into by and between the City
of Huntington Beach ("City "), a municipal corporation of the State of California, and the
City of Santa Ana ( "Agency "), a mmucipal corporation of the State of California.
RECITALS
A. City desires to contract with Agency for supplemental law enforcement
services during certain events.
B. Agency is agreeable to providing such supplemental law enforcement
services, as authorized in Governrnent Code Section 55632, an the terms and conditions
set forth herein.
AGREEMENT
_TERM,
The term of this Agreement shall be for --3 _ years, commencing on
�Ari 1 22 "— 2 01' and terminating on Ai ( 22_"—_d 2017 unless earlier terminated by
either party in the manner set forth herein.
2. TERMINATIf:)N
City or Agency may terminate this Agreement, without cause, upon
twenty (20) days written notice to the other party.
SERVICES BY ACTENCX
City occasionally has a need for supplemental law enforcement services
during certain events. At the discretion of Agency, it may provide such supplemental
services as requested by City. These supplemental services will be utilized within the
County of Orange. City shall notify Agency at least thirty (30) days in advance of the
need for such services.
14- 417411670 "0
4. PAYMENT
A. Pursuant to Government Code Section 51350, City agrees to pay to
Agency the costs of its employees in performing the services mutually agreed upon in
this Agreement. The cost of services includes salaries, wages, benefits, mileage, services,
supplies and divisional, departmental and Agency overhead.
B. The rate charged to City by Agency shall be computed by Agency
in accordance with Agency's standard practice and billing policy.
C. Agency shall invoice City upon completion of the specific event.
5. STATUS OF AGENCY
Agency is, and shall at all times be deemed to be, an independent
contractor. Nothing contained herein shall be construed as creating the relationship of
employer and employee, or principal and agent, between City and Agency or any of
Agency's agents or employees. Agency shall retain all authority for the rendition of
services, standards of performance, control of personnel, and other matters incident to the
performance of services by Agency pursuant to this Agreement. Agency, 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
A. Agency, 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 public
property of City, or for any illegality or unconstitutionality of City's municipal
ordinances. City shall indemnify and hold Agency, its officers, agents, employees, and
independent contractors free and harmless from any claim or liability whatsoever, based
or asserted upon the condition of any public work or property of City or upon the
illegality or unconstitutionality of any municipal ordinances of City that Agency 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's fees, Agency, its officers, agents,
employees and independent contractors in any legal action or claim of any kind based
14- 4174/107070 2
upon such condition of public work or property, or alleged illegality or
unconstitutionality of -a municipal ordinance, or alleged acts or omissions.
B. Agency 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 Agency, 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 Agency shall defend at its expense, including attorneys fees, City, its officers,
agents, employees and independent contractors in any legal action of any kind based
upon such alleged acts or omissions.
ALTERATION OF ERRORS
This Agreement fully expresses all understanding of City and Agency with
respect to the subject matter of this Agreement, and shall constitute the total agreement
between the parties for these purposes. No addition to, or alteration of, the terms of this
Agreement shall be valid unless made in writing, formally approved and executed by
duly authorized agents of both parties.
IN WITNESS 'WHEREOF, the parties have executed this Agreement in the
County of Orange, State of California. -`
David Cavaao " Jj
CITY OF HUNTINGTON BEACH City Manager
City of Santa Ana
By: Dated: 'S 1 t 4/l y
Police Chief
APPROVED AS TO FORM:
�\ �lie, I
City Attorney N'D
AGENIy�f�(�F A AN�,,..— �-°�`-
By CC Dated:
APPROVED AS TO FORM:
By' W
of City Attor Eet
14- 4174/107070 �-�aAnR .�,. `�(/ 3
MARIA D, HUIZAR
OF THE COUNCIL,
y'4)f ell �'
Dated: