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2021/04/13 Perris Union School District Menifee Police Department Supplemental Law Enforcement Services AgreementMENIFEE POLICE DEPARTMENT SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT is made this 13th day of ril 2021 by and between the CITY OF MENIFEE, a municipal corporation (CITY), and Perris Union Schoo D istrict (CUSTOMER). Each party to the Agreement may be referred to indivldually as "Party" or collectively as "Parties." Now THEREFORE, in consideration of the matters contained in this Agreement, it is mutually agreed as follows 1 . Services. Subject to the terms and conditions set forth in the Agreement, CITY shall provide to CUSTOMER peace officers to perform supplemental law enforcement services pursuant to Government Code Section 53069.8, as described below, at the work site indicated below, and pursuant to the schedule and costs set forth below. CITY reserves the right to determine the number and rank of peace officers or reserve peace officers that shall be assigned and whether the services shall be performed in uniform or plain clothes. CUSTOMER may request specific peace officers to be assigned under this Agreement, but CITY is not obligated to comply with such requests. CUSTOMER agrees that assigned peace office(s) shall not be requlred to perform tasks that are outside of routine peace officer job duties nor perform services authorized to be provided by a private patrol operator, as defined in Business and Professions Code Section 7582.1 . CUSTOMER hereby authorizes any employee of the lt/enifee Police Department to enter the premises at the below mentioned work site whenever necessary to fulfill the duty of CITY to provide services under this Agreement. CITY reserves the right to reassign any or all peace officers provided to CUSTOMER pursuant to this Agreement when, in the opinion of the Chief of Police, or his designee, public safety needs require such reassignment. Page 1 of 5 Name of Event: Paloma Valley High School v. Valley View High School Type of Event: Football Game Event Location: Paloma Valley High School Name of Event Contact: Ryan Sharp, Athletic Director Address of Event Contact: 31375 Bradley Road City/State/Zip: Menifee, CA 92584 Day Phone Number for Event Contact: 951-390-5599 CellM/ork Phone: 951 -390-5599 Day of Event Contact: Ryan Sharp Phone Number for Day of Event Contact: 951-390-5599 Estimated Number of Attendees: 400 Years Holding Event: Multi-year Alcohol Served (Yes/No): tr Yes tr No Amplified Sound/Music (Live/Recorded): PA for game announcing Times Event Open to Public: 1900-2100 2 Term (check applicable type of event). 8 Single Day: Date. 411512021 Officer Reporting Time: 1800 Officer Ending Time: 2200 tr Recurring Events: The term of this Agreement shall commence on _ and shall continue in full force and effect until -, unless terminated pursuant to this Agreement. CUSTOIT/IER shall notify CITY of events requiring CITY supplemental law enforcement services no less than ten (10) calendar days in advance of the event. a. Hourly rates (billed to the next half hour): Up to $ 91.25 per hour for officers 4. Facilities and Equipment. Except for the provision of marked police vehicle(s) as specified above, CITY is not obligated to furnish any facilities or equipment pursuant to this Agreement. CITY, at its sole discretion, may furnish other equipment to assigned peace office(s). Number of Peace Officers Hourly Rate Estimated Cost Officers 2 $91.2s 4 $730.00 Sergeants Community Service Officer lvlarked Vehicles I $0.00 Estimated Total Cost $730.00 Page 2 of 5 Estimated Services to be provided by: MENIFEE POLICE DEPARTMENT 3. Payment. CUSTOMER shall pay CITY for services pursuant to this Agreement at the times and in the manner set forth below, and based on the following: and $ 91.25 per hour for sergeants. b. [t/inimum of four (4) hours per peace officer provided. ln the event CUSTOIVER cancels a request for services under the Agreement with less that forty-eight (48) hours' notice, CUSTOMER shall pay CITY an amount equal to four (4) hours pay for each peace officer position cancelled. c. At CITY'S option, CUSTOII/ER shall either: i. Make an initlal payment (based on the number of peace officers multiplied by the cost of each officer multiplied by the anticipated number of hours of the event) and be billed for any additional hours of services provided; orii. Be billed by CITY at the end of the month in which services were provided. d. CUSTOMER shall make payment within thirty (30) days of the bitting date and all delinquent accounts are subject to a late payment charge of twelve (12) percent per annum on any unpard or delinquent balance. Estimated Work Hours 5. Compliance with Laws and Regulations. CUSTOMER represents and warrants to CITY that CUSTOMER has all licenses, permits, City Business Operations Tax Certificate, and approvals of whatsoever nature which CUSTOMER is legally required to possess to conduct the event described herein. CUSTOMER represents and warrants to CITY that CUSTOMER shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any required licenses, certificates, permits and approvals. CUSTOMER shall comply with all applicable Federal, State and Local laws, ordinances, rules and regulations pertaining to its obligations under this Agreement. CITY shall have the right to ask CUSTOMER, for copies of all permits, licenses and entitlements pertaining to the Event covered by this Agreemenl. CUSTOMER'S failure to provide copies of such permits at least five (5) days before the event shall provide the CITY with grounds to terminate this Agreement, and CUSTOMER shall not be entitled to any damages under this Agreement. 6. No Grant of Agency or Joint Venture. CITY and CUSTOMER agree that neither party, nor any officer, agent or employee of a party, by virtue of this Agreement or othenryise, shall be considered or asserted to be an employee, contractor, sub- contractor, partner, joint venture, representative or agent of the other, and neither shall have authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. Neither party shall have any authority, express or implied, pursuant to this Agreement to bind the other party to any obligation whatsoever. 7. Assignment Prohibited. CUSTOMER shall not assign any right or obligation pursuant to this Agreement without the written consent of CITY. Any attempted or purported assignment without CITY's written consent shall be void and of no effect. 8 Termination. CITY shall have the right to terminate this agreement at any time, in the sole discretion of the Chief of Police or his designee, with or without cause, by giving notice to CUSTOMER. ln the event of termination, CITY shall immediately cease rendering services pursuant to this Agreement and CUSTOMER shall pay CITY the value of services rendered pursuant to this Agreement. CITY'S entire liability to CUSTOMER for any failure to perform the services required by this Agreement shall not exceed the amount of total payments CITY received, or would have received, under this Agreement for the services CITY failed to perform, and CITY shall not be liable for lost profits or punitive, special, indirect or consequential damages, even if CITY has been advised of the possibility of such damages. 9 lndemnity and Hold Harmless. CUSTOMER shall fully indemnify, defend and hold harmless, CITY, its officers, employees and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by CITY's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "liabilities"), arising from or related to this Agreement, whether or not such liabilities are caused in part by the passive negligence of a party indemnified Page 3 of 5 hereunder. The provisions of this section g shall survive any termination or expiration of this Agreement. 10. Nondiscrimination. ln the performance of the services or obligations required by this Agreement, neither party shall discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or disability, or sexual orientation. 11. General orders. cusroMER agrees that the assigned peace officers shall act in accordance with the General Orders, rules, procedures and other directives of the Menifee Police Department, which by this reference are hereby incorporated herein. 12. Entire Agreement. This document contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by the CITY. 13. severability. lf any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 14 Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. '15. Ambiguities. The parties have each carefully reviewed this Agreement and have agreed to each term herein. Each party had an opportunity to consultant an attorney regarding this Agreement, and no ambiguity shall be presumed to be construed against either party. 16. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Riverside County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, regardless of wherever else venue may lie. 17. Notices. All notices given pursuant to this Agreement shall (a) be in writing and shall be personally served, sent by overnlght 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: Page 4 of 5 If to City;Armando Villa, City Manager City of Menifee 29844 Haun Road, Menifee, CA 92584 95t-672-6777 Customer Info: Perris Union School District 155 E 4th Street Perris, CA 92570 18. Authority. The person signing this Agreement for CUSTOMER hereby represents and warrants that he or she is fully authorized to sign this Agreement on behalf of CUSTOMER. 19 No Third-Party Beneficiaries. This Agreement ls solely between the two signators hereto, and is not lntended to create, nor should it be construed to create any rights in so-called third-party beneficiaries. 20. Additional Services. CUSTOMER will be responsible for the cost of additional services in the event of an incident that requires more police personnel. Executed as of the day and year first above stated. CITY OF MENIFE CUSTOMER By:By: ARMANDO G. VILL,A CIryMANAGER CIryOF MENIFEE Page 5 of 5 9s1-943-6369