HomeMy WebLinkAboutCity of Newport Beach - 2024-01-01 (2) s61•11Gr 2000 Main Street,
Huntington Beach,CA
�� 92648
of e Q City of Huntington Beach APPROVED 7-0
c��UUNTV CP���o
File #: 24-281 MEETING DATE: 5/7/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Lt. Thoby Archer
Subject:
Approve and authorize a three-year Service Agreement with the City of Newport Beach for
supplemental law enforcement services
Statement of Issue:
The City of Newport Beach is requesting a three-year contract for supplemental law enforcement
services. This would be utilized to assist the Huntington Beach Police Department with staffing for
large events, where traditionally we have ordered officers to work or had difficulty staffing events
otherwise.
Financial Impact:
The financial impact is expected to be minimal, as this contract will only be utilized for large-scale
events, with the specific event permit holder paying for staffing costs. Examples include: the Surf
City Marathon, the US Open of Surfing, and large concerts.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Agreement for Supplemental Law
Enforcement Services between the City of Huntington Beach and the City of Newport Beach" in an
amount not to exceed $120,000.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
As Huntington Beach continues to host large-scale events, staffing these events with police officers
becomes increasingly challenging. Having the option to contract with allied agencies to staff these
events is helpful, to avoid mandating Huntington Beach officers to work the events. This is expected
to be cost-neutral, as the event promoter would be paying for staffing costs related to the event,
City of Huntington Beach Page 1 of 2 Printed on 5/1/2024
powere24t LegistarM
File #: 24-281 MEETING DATE: 5/7/2024
regardless of the agency they are working for. The City has utilized outside agencies for multiple
different events in the past; this agreement would codify one such agreement and corresponding pay
rates for the events and streamline the use of Newport Beach officers for events.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to
optimize public safety's emergency response and reduce the number of calls.
Attachment(s):
1. Agreement for Supplemental Law Enforcement Services Between the City of Huntington
Beach and the City of Newport Beach
City of Huntington Beach Page 2 of 2 Printed on 5/1/2024
power&`�J54 LegistarTM
From: Fikes.Cathy
To: Aaenda Alerts
Subject: FW:Upcoming Item#19(RCA 24-281)
Date: Monday,May 6,2024 6:20:49 PM
Attachments: jmage001.onq
jtnaae002.onq
jmaae003.onq
jmaae004.onq
jmage005.onq
From:Archer,Thoby<TArcher@hbpd.org>
Sent: Monday, May 6, 2024 4:49 PM
To: CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>
Cc: Reilly, Ryan <RReilly@hbpd.org>
Subject: Upcoming Item #19 (RCA 24-281)
Good afternoon Councilmembers. I wanted to send a quick email to provide some insight about
Item#19 for tomorrow night's council meeting (RCA 24-281) which is the three-year Law
Enforcement Supplemental Services Contract with Newport Beach PD. The genesis behind this was
to have the ability to bring in officers from allied agencies for large-scale events, when we are having
difficulty filling some of the spots with our officers, such as large concerts, marathons, etc... We
have done this in the past informally, but Newport Beach has requested a contract to formalize the
agreement. This has nothing to do with day-to-day operations,or even requests for mutual aid, such
as protests,this would be in place for pre-planned events where a promoter would be paying for
police services.
Just wanted to make sure everyone was on the same page as I had a few questions.
Thoby Archer
Lieutenant
Huntington Beach Police Department
Traffic&Special Events
Office:(714)374-1577
TArcher@hbod.org
FB 000
CITY OF HUNTINGTON BEACH
2000 Main Street,Huntington Beach,CA 92648
SUPPLEMENTAL
COMMUNICATION
5/7/2024
Mewing[Mica:
19 (24-281)
Agenda Item No.;
AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES BETWEEN
THE CITY OF NEWPORT BEACH AND THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is entered into this 1st day of January,2024, ("Effective Date")by
and between the CITY OF NEWPORT BEACH, a municipal corporation,hereinafter referred
to as "AGENCY"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 AGENCY, for
supplemental law enforcement services during certain events to be designated by
HUNTINGTON BEACH; and
WHEREAS, AGENCY 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 January 1, 2024, and expire on December 31,
2026. During the Term of the Agreement, AGENCY will provide supplemental law enforcement
services to HUNTINGTON BEACH, in the manner described herein. This agreement will
continue until either party agrees to terminate("Term")with thirty(30) days written notice of
intent to terminate, or until the Contract Amount is exhausted,whichever occurs earlier.
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 AGENCY
Chief of Police,AGENCY may provide such support services as requested by HUNTINGTON
BEACH. HUNTINGTON BEACH shall notify AGENCY at least thirty(30) days in advance of
the need for these services. HUNTINGTON BEACH will consult with AGENCY in advance
regarding the preferred level of service and number of Police Officers or other designated
personnel ("Officers") assigned to the Special Event,but the AGENCY Chief of Police has the
final authority to determine the level of service and number of Officers based on the availability
of Officers. AGENCY will assign one sergeant for every five Officers assigned to the Special
Event.
1
24-14490/338034
b. 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 AGENCY Chief of Police in his/her
reasonable discretion,to handle Emergencies if he/she/they are the closest officer(s) available to
respond to the emergency. An"Emergency"is a significant event that could reasonably result in
serious danger to the public if a police officer does not arrive immediately,or an event that could
require an officer to employ life-saving efforts.
3. Scheduling of Officers.
AGENCY has the sole authority to determine which Officers will be assigned to
HUNTINGTON BEACH during the Special Event. AGENCY makes no representation as to
which 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, as set forth in Exhibit A"Service Rates," attached hereto and incorporated herein by
reference. The AGENCY Chief of Police may revise the Service Rates annually based on
personnel and equipment costs,provided that revised Service Rates will apply only after
AGENCY has given HUNTINGTON BEACH thirty days notice of the revised Service Rates.
b. AGENCY will submit an invoice to HUNTINGTON BEACH within 30 days of
the end of each Special Event, and HUNTINGTON BEACH will pay AGENCY the amount
referenced in the invoice within thirty (30)days of HUNTINGTON BEACH's receipt of the
invoice. As with all other AGENCY police officers,the service time of the Officers shall begin
when the officer begins his/her shift and leaves the AGENCY Police Department and ends when
the officer concludes his/her shift by returning to the AGENCY Police Department.
c. The parties agree that the amount payable to AGENCY under this Agreement
shall not exceed One Hundred Twenty Thousand Dollars ($120,000.00) ("Contract Amount").
S. Prioritization of Law Enforcement Needs.
HUNTINGTON BEACH acknowledges and agrees that, during the term of this
Agreement,there may be circumstances beyond AGENCY's control when AGENCY, 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 AGENCY failure to provide supplemental law enforcement
2
24-14490/338034
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. AGENCY agrees to assign an officer 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 AGENCY agree that neither AGENCY nor any officer,
agent or employee of AGENCY,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. AGENCY as Employer of Officers.
HUNTINGTON BEACH agrees that, at all times, and for all purposes relevant to the
Agreement,AGENCY shall remain the sole and exclusive employer of the Officers and in the
following regard:
a. AGENCY 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 Officers' status as an employee of AGENCY.
b. 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 AGENCY
by HUNTINGTON BEACH to reimburse AGENCY for costs pursuant to this Agreement shall
not be deemed consideration paid by HUNTINGTON BEACH to the Officers.
c. HUNTINGTON BEACH and AGENCY 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 police officer and/or any
officers' agents,representatives,unions, or the successors or assigns of any of them; (2)any
applicable AGENCY employment and/or union contract; (c) any level or amount of police
officer supervision, standard of performance,training or education;(d) any AGENCY rule,
3
24-14490/338034
regulation,hours of work, shift assignment,order,policy,procedure, directive, guideline,etc.
which shall solely and exclusively, govern and control the employment relationship between
AGENCY and the Officers.
d. HUNTINGTON BEACH and AGENCY agree that this Agreement does not and
is not intended to, limit,modify, control, or otherwise affect in any manner AGENCY'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 AGENCY police
officer.
e. HUNTINGTON BEACH agrees and promises that 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 it nor any of its agents shall
otherwise provide, furnish or assign any police officer with any job instructions,job descriptions,
job specifications, or job duties,or in any manner attempt to control, supervise,train or direct
any police officer in the performance of any AGENCY duty to provide police protection services
under the terms of this Agreement. HUNTINGTON BEACH shall provide AGENCY 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 Officer's duties and AGENCY policies, State and Federal law.
g. AGENCY acknowledges that this Agreement is non-exclusive and that
HUNTINGTON BEACH has the right to contract with other law enforcement agencies as well
as 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, AGENCY 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
4
24-14490/338034
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 AGENCY 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 AGENCY 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 AGENCY nor any officer 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 AGENCY 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.
c. Neither HUNTINGTON BEACH nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be
done by AGENCY 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, AGENCY shall fully
indemnify and hold IUNTINGTON 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 AGENCY 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 AGENCY 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 involve AGENCY or any of its Officers.HUNTINGTON
5
24-14490/338034
BEACH agrees to reasonably cooperate with AGENCY in any investigation conducted by
AGENCY into any act(s)or work performance of any police officer, including the Officers, in
connection with services provided under this Agreement.
11. Termination.
Either AGENCY or HUNTINGTON BEACH may terminate this Agreement, without
cause,without incurring any penalty or liability to the other party because of the termination.
Termination may be effectuated by delivering a written notice to the other party at least thirty
(30) days before the effective date of termination(which date shall be clearly stated in the
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 email transmission, (b) shall be deemed given upon the date
of delivery(or refusal to accept delivery);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:
If to AGENCY: With a Copy to:
City Manager, Chief of Police
City of Newport Beach Newport Beach Police Department
100 Civic Center Dr. 870 Santa Barbara Dr.
Newport Beach, CA Newport Beach, CA
92660 92660
If to HUNTINGTON BEACH:
City Manager Chief of Police
City of Huntington Beach Huntington Beach Police Department
2000 Main Street 2000 Main Street, Huntington Beach, CA.
Huntington Beach, CA. 92648 Huntington Beach, CA. 92648
13. Venue and Applicable Law.
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.
6
24-14490/338034
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 AGENCY's City Manager.
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. AGENCY 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 signatures hereto, and is not intended to
create,nor should it be construed to create any rights in so-called third party beneficiaries.
15. No Attorneys' Fees.
In the event of any dispute or legal action arising under this Agreement,the prevailing
party shall not be entitled to attorneys' fees.
16. Entire Agreement.
This Agreement sets forth the entire agreement for supplemental law enforcement
services between AGENCY and HUNTINGTON BEACH and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof.
17. Amendments.
This Agreement may be modified or amended only by a written document executed by
both parties in accordance with their respective procedures and authorities.
IS. Severability.
If any tern or portion of this Agreement is held to be invalid,illegal, or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement
shall continue in full force and effect.
19. Counterparts.
This agreement may be executed in two(2) or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one(1) and the same instrument.
7
24-14490/338034
20. Entire Agreement.
This Agreement sets forth the entire agreement for supplemental law enforcement
services between AGENCY and HUNTINGTON BEACH and fully supersedes any and all prior
agreements or understandings between them in any way related to the subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and
through their authorized officers on he\A---I 7 9 , 2024.
CITY OF NEWPORT BEACH CITY OF HUNTINGTON BEACH
ZI
9CO)D.Skit0,4,W1Clje
or eun Mayor
g
y Manager
ATTEST: ATTEST:
I t SE PORT
/
t2• �1lJ &,—IraVAPti
1A / lt MIL_ 9. \iCity ler ik �
ity Clerk
ltiFoa-
REVIEWED AND AGREED: 1 INITIATED AND A V
(A de rs fy G'F.)
f___ - .-- 4 - 5/A, ------1-
Joe Cartwright Interim City Manager
Chief of Police
APPROVED AS TO FORM: APPROVED AS TO M:
K,, '�� 5//2019
City Attorney V4IS City Attorney
5fIf2V
8
24-14490/338034
Exhibit A
Newport Beach Police Department
Service Rates
Title OT Billable Hourly Rate
Parking Control Officer $48.80
Police Services Officer $48.80
Police Officer $79.95
Police Sergeant $111.99
Police Lieutenant $131.58
9
24-14490/338034