AGREEMENT
BETWEEN THE
COUNTY OF ORANGE
AND THE
CITY OF NEWPORT BEACH
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THIS AGREEMENT is entered into thisFirstday of April,2026, which date isenumerated forpurposes of reference only,by and between the COUNTY OF ORANGE a politicalsubdivisionof the STATE OF CALIFORNIA, hereinafter referred to as "COUNTY" and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY Sheriff-Coroner Department, hereinafterreferredto as "SHERIFF", for supplemental law enforcement servicesduringcertainevents;and
WHEREAS, COUNTY isagreeable to the rendering of such services,as authorized in Government Code Sections 51301 and 55632, on the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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Attachment A
TABLE OF CONTENTS1
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28 SECTION PAGE
A. Term 3
B. Optional Termination 3
C. Services by COUNTY 3
D. Payment 3
E. Alteration of Terms 4
F. Status of COUNTY 4
G. Indemniifcation 4
Signature Page 6
Attachment A: County BillingPolicy
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4 TERM:
The term of thisAgreement shallbe for fiveyears, commencing July 1, 2026 and terminatingJune 30, 2031, unless earlierterminated by eitherparty in the manner set forth herein.
OPTIONAL TERMINATION:
COUNTY or CITY may terminate thisAgreement, without cause, upon twenty (20)days writtennoticeto the otherparty.
SERVICES BY COUNTY:
CITY occasionallyhas a need forsupplemental law enforcement support during special events. At the discretion of SHERIFF, COUNTY may provide such support services as requested by CITY. These services willbe utilizedwithin the COUNTY OF ORANGE. CITY shallnotifyCOUNTY at leastthirty(30) days in advance of the need for these services.
PAYMENT:
1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the costs of performingthe servicesmutuallyagreed upon in this Agreement. The cost of services includes: salaries,wages, benefits, mileage, services, supplies, and divisional,departmental and COUNTY General overhead.
2. The rate charged to CITY by COUNTY shallbe computed by SHERIFF in accordance with COUNTY Auditor-Controller's law enforcement cost study ineffectatthe time the servicesare provided.
3. COUNTY shallinvoiceCITY upon completionof the speciifcevent.
4. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors'approved County BillingPolicy,which is attached hereto as Attachment A, and incorporatedhereinby thisreference.
5. COUNTY shallcharge CITY late payment penaltiesin accordance with County BillingPolicy.
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IIE. ALTERATION OF TERMS:
This Agreement fullyexpresses allunderstanding of CITY and COUNTY with respect to the subject matter of thisAgreement, and shall constitutethe total Agreement between the partiesforthese purposes. No additionto,or alteration of,the terms of thisAgreement shall be valid unless made in writing,formally approved and executed by duly authorized agents of both parties.
STATUS OF COUNTY:
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F.
COUNTY is,and shallat alltimes be deemed to be, an independent contractor.
Nothing herein contained shall be construed as creating the relationshipof employer and employee, or principaland agent, between CITY and COUNTY or any of COUNTY'S agents or employees. COUNTY and itsSHERIFF shall retainallauthorityforrenditionof services,standards of performance, controlof 9 10
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28 personnel, and other matters incident to the performance of services by COUNTY pursuant to thisAgreement. COUNTY, itsagents and employees, shallnot be entitledto any rightsor privilegesof CITY employees and shallnot be considered inany manner to be CITY employees.
INDEMNIFICATION:
1. COUNTY, itsofficers,agents and employees shallnot be deemed to have assumed any liabilityforthe negligence or any other act or omission of CITY or any of itsofficersor employees, or for any dangerous or defective conditionof any publicstreetor work or propertyof CITY, or forany illegality or unconstitutionalityof CITY'S municipal ordinances. CITY shallindemnify and hold COUNTY, its officers,agents, employees, and independent contractorsfreeand harmless from any claimor liabilitywhatsoever, based or asserted upon the conditionof any publicstreetor work or property of CITY or upon the illegalityor unconstitutionalityof any municipal ordinances of CITY thatSHERIFF had enforced,or upon any act or omission of CITY, itsofifcers,agents,employees, subcontractorsor independent contractors
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16 INDEMNIFICATION: (Continued)
relatedto thisAgreement, forpropertydamage, bodilyinjuryor death or any other element of damage of any kind or nature,and CITY shalldefend at its expense, includingattorneyfees, COUNTY, itsofficers,agents, employees and independent contractorsin any legalactionor claim of any kind based upon such conditionof publicstreetor work or property,or alleged illegality or unconstitutionalityof a municipalordinance,or alleged acts or omissions.
2. COUNTY shallindemnifyand hold CITY, itsofficers,agents, employees and independent contractorsfree and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers,agents, employees, subcontractors or independent contractors relatedto thisAgreement, forpropertydamage, bodilyinjuryor death or any other element of damage of any kind or nature,and COUNTY shalldefend at itsexpense, includingattorneyfees,CITY, itsofficers,agents, employees and independent contractorsin any legalactionor claim of any kind based upon such allegedacts or omissions.
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IN WITNESS WHEREOF, the partieshave executed the AGREEMENT inthe County of Orange, State of California.
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DATED:
CITY
APPROVED AS TO FORM:
BY:
- CityAttorneyS-'L
COUNTY OF ORANGE
W DATED:
Sheriff-Coroner
ATTACHMENT A
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
POLICY
AllCounty agencies/departments/districts(County) governed by the Board of Supervisors shall billcontracting entitiesfor materials and/or services provided under contract in accordance with the followingstandardized billingand collectionpolicy. Billingfrequency is dependent on whether the contractis a fixedpriceor actual cost contract. Payment due date is designed to be both responsiveto the County's cash flow needs and reasonable enough as to not requirespecialprocessing by the contractingentity. Ifpayments are not receivedby the requireddue dates,a latepayment fee shallbe computed and billedto the contractingentityinaccordance withthe requirements of thisprocedure.
Nothing herein shallaffectthe liability,includingpre-judgment interest,of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.
DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity,or any other acceptable mutual understanding between the contractingparties.
B. Received by the County - The phrase "receivedby the County", as used in Section VI of thispolicy,refersto the date a payment is received by the County. Itis defined as the date the payment isinthe County's possession. Itisnot the date the payment isposted or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoicesthat represent a billingfor a one-time, non-recurring provision of materials and/or services shall be issued no later than five(5)working days afterdeliveryby the County of the materials and/or services.
Examples of such one-time, non-recurringprovisionof materialsand/or services might be a citycontractingwiththe Sheriffforsecurityserviceat a parade or sportingevent; or, a citypurchasing a computer listingcontainingcertaincity-requesteddata. Payment due date shallbe invoicedate plus 30 days.
B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billingfor an ongoing, recurring provision of materials and/or services shallbe issued according to the followingfrequency:
1. Annual Billingsthattotal$10,000 or less per 12-month period shall be billedvia one (1) annual invoice. Annual invoiceswillbe issued for each 12-month period of the contract,or portionsthereof. Invoices shallbe issued no laterthan fiveworking days afterthe beginning of each 12-month period. Payment due date shallbe invoicedate plus 30 days.
2. QuarterlyBillingsthatare greaterthan $10,000 but not more than $200,000 per 12- month period, shall be billedin quarterly installments. Quarterly invoices willbe issued representing the contractamount for each 12-month period of the contract,or portionsthereof,prorated intofour (4) installments.Invoices shallbe issued no later than 30 days afterthe beginning of each quarter. Payment due date shallbe 60 days afterthe beginning of each calendar quarter.
3. Monthly Billingsthatare greaterthan $200,000 per 12-month period shallbe billedin monthly installments. Monthly invoices will be issued representing the contract amount foreach 12-month period of the contract,or portionsthereof,prorated into12 installments. Invoices shall be issued on or before the firstday of each service month. Payment due date shall be 30 days afterthe beginning of each service month.
An example of a fixedpricecontractfor ongoing, recurringprovision of materials and/or services might be a citycontractingwith the Sheriffforlaw enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billingfor a one-time, non-recurring provision of materials and/or services shall be issued after deliveryby the County of the materialsand/or services and no laterthan 15 days after actualcost data isavailable.Payment due date shallbe invoicedate plus 30 days.
B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billingfor an ongoing, recurringprovision of materials and/or services shallbe issued on a monthly basis and shall represent the cost of materials and/or services provided to the contractingentityduring the previous calendar month. Such invoices shallbe issued no later than 15 days after the close of the monthly billingperiod. If the County agency/department/districtdoes not utilizea monthly billingcycle, the invoice shall be issued no laterthan 15 days afteractual cost data isavailable.Payment due date shall be invoicedate plus 30 days.
Examples of actualcost contractsforthe ongoing, recurringprovisionof materialsand/or services might be a city contractingwith the County for communications equipment repairor waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections IIand IIIabove, payment due date shall be at leastinvoicedate plus 30 days. Ifthe County is latein issuingan invoice,the contracting entitywould always have at leastinvoicedate plus 30 days to pay. Ifthe County isearly in issuingan invoice,the contractingentitywould stillhave a payment due date of either60 days afterthe beginning of the quarter (quarterlyinvoices)or 30 days afterthe beginning of the servicemonth (monthly invoices).
(EXAMPLES: An invoicefor October service,dated and issued October 8 (late)would have a payment due date of November 7. An invoiceforAugust service,dated and issued July 20 (early)would have a payment due date of August 30.)
VI. LATE CHARGES
The latepayment of any invoicedamount by a contractingentitywillcause the County to incurcosts not contemplated by the County/contractingentityagreement, the exact amount of such cost willbe extremely difficultto ascertain.Such costs include,but are not limitedto, costs such as administrativefollow-upand processing of delinquent notices, increased accounting costs,etc.
Late charges willbe assessed inthe followingsituations:
- Over-the-counterpayments willbe assessed a latecharge ifany payment isnot received by the County by the payment due date.
- Payments transmittedto the County via the U.S. Mail that have the payer's postage meter mark willbe assessed a latecharge ifany payment isnot received by the County by the payment due date plusone day.
- Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated afterthe payment due date willbe assessed a latecharge.
The latecharge assessed in each of these situationsshallbe three-quartersof one percent (0.75%) of the payment due and unpaid plus $100.00 forlatepayments made within30 days of the payment due date. An additionalcharge of three-quartersof one percent (0.75%) of said payment shallbe added for each additional30-day period that the payment remains unpaid.Latechargesshallbe added tothe payment and invoicedto the contractingentityin accordance with thispolicy.
VII. COLLECTIONS
Any invoiceremaining unpaid 90 days afterthe invoicedate shallbe referredto the Auditor- Controllerfor subsequent collectionaction, such as deduction from contractingentity moneys on depositwith the County Treasurer inaccordance with Government Code Section 907 and any other applicableprovisionof law. Non-payment of invoicesand applicablelate charges willconstitutea breach of contract for which the County retainsalllegalremedies includingterminationof the contract.
VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contractingentity20 days or more before the payment due date shallbe entitledto a discount of one-quarter of one percent (0.25%). If the contractingentitytakes a discount,and the payment isreceived by the County lessthan 20 days before the payment due date, County staffshallimmediately notifythe contracting entityby telephone thatthe discount should not have been taken and that the balance is due by the originalpayment due date.
Ifthe balance is not received by the County in accordance with the dates as specifiedin SectionVII,applicablelatecharges shallbe calculatedon the balance due.
IX. DEFERRED REVENUE
At fiscalyear end, any portionof revenue invoiced(not necessarilyreceived)during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscalyear shall be reclassifiedfrom a revenue account to a deferred revenue account (liability).In the new fiscalyear the deferred revenue shallbe reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a cityis invoiced$48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassifiedto deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassifiedto revenue.) Reclassification entries shall be made by Auditor-ControllerAgency Accounting units, or for those agencies/departments/districtswithout such a unit,the agency/department/districtshallnotify the Auditor-Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/department/districtsshall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirectcosts such as departmental and County (CWCAP) overhead, and cost of capitalfinancing.
XI. EXISTING CONTRACTS
Billingterms and provisionscontained in existingcontractingentityagreements (existingas of the date thispolicyisapproved by the Board of Supervisors) shallremain in effectforthe lifeof the contract. However, when these existingcontracts are renegotiated, they shall contain the billingprovisionsas set forthinthispolicy.
XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviationsby agencies/departments/districtsshallbe submitted to the CEO for concurrence in advance of filingan Agenda Item Transmittal(AIT)with the Clerk of the Board. The CEO, or his/herdesignee, shalladvise the agency/department/districtof approval or disapprovalof the proposed deviations. Ifa County agency/department/districtsubmits a contract to the Board of Supervisors forapproval,and the billingprovisionsinthe contractdeviatefrom this policy,the agency/department/districtshallspecificallyadvise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto.