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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: April 9, 2002

Subject/Title: Highway 4 Bypass Law Enforcement Services Contract

Submitted by: John Stevenson, City Manager/Mike Davies, Police Chief

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution authorizing the City Manager to approve a Contract with the Highway 4 Bypass Authority for Law Enforcement Services.

PREVIOUS ACTION
On January 8, 2002 the City Council approved Resolution No. 2366 increasing the Bypass Fees to fund the accelerated and expanded Highway 4 Bypass Project.

BACKGROUND
The California State Highway Patrol will ultimately police this facility, but that will only happen after full acceptance by the State, which will be after completion of Segments 1 and 3. Until that time, the City will need to enforce vehicle code and public safety issues since it is within the City limits of Brentwood. The Police Chief and City Manager negotiated the attached Contract that allows for re-evaluation of the reimbursement amount after the first year in order to assure that the City is appropriately compensated for services associated with this roadway.

FISCAL IMPACT
None. It is the intent of the Contract for the City to be fully reimbursed for its services.


Attachments:
Resolution
Contract

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHOIZING THE CITY MANAGER TO APPROVE A CONTRACT WITH THE HIGHWAY 4 BYPASS AUTHORITY FOR LAW ENFORCEMENT SERVICES


WHEREAS, on January 8, 2002 the City Council approved Resolution No. 2366 increasing the Bypass Fees to fund the accelerated and expanded Highway 4 Bypass Project; and

WHEREAS, Segment 2 of the Highway 4 Bypass is scheduled to open the middle of April; and

WHEREAS, the California State Highway Patrol will not accept enforcement responsibility until the State accepts the roadway, which will be after completion of Segments 1 and 3; and

WHEREAS, the Brentwood Police Department is the obvious enforcement authority due to the roadway being entirely within the City limits of the City of Brentwood; and

WHEREAS, the Police Chief and City Manager have negotiated this Contract, and it has been reviewed by the City Attorney.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the City Manager is hereby authorized to approve a Contract with the Highway 4 Bypass Authority for Law Enforcement Services.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 9th day of April 2002 by the following vote:


CONTRACT FOR LAW ENFORCEMENT SERVICES

1. Parties. This Contract is made by and between the CITY OF BRENTWOOD (hereinafter “City”) and STATE ROUTE 4 BYPASS AUTHORITY (hereinafter ”).

2. Term. This Contract shall become effective April 13, 2002 and continue in force through April 13, 2004, unless terminated by either party upon thirty days advance written notice thereof to the other party or canceled immediately by written mutual consent.


3. Legal Authority. This Contract is entered into under and subject to the Government Code Sections 55632 and 51301.

4. Obligations. The City shall provide to AUTHORITY the following:

a. The City shall provide the AUTHORITY police services for the Highway 4 Bypass from Lone Tree Way to Balfour Road as provided in Exhibit A.

b. Any services pursuant to this Contract shall remain subject to City policy and procedures.

c . The City will furnish all equipment, supplies, and vehicles for use in carrying out the services hereunder.


5. Payment Provisions.

a. The City shall submit written demands for payment to the AUTHORITY every three months so long as the Agreement remains in effect. AUTHORITY shall make payments to the City no later than thirty days from the date such demand is placed by the City in United States first class mail.

b. Each written quarterly demand for payment shall not exceed Six Thousand Two Hundred Fifty Dollars ($6,250) 

c. The City shall account for all funds provided hereunder and maintain appropriate records and reports regarding all services provided in the Highway 4 Bypass area subject to this Agreement. The City shall provide financial reports to the AUTHORITY upon written request.

6. Compliance with Law. The City shall be subject to and comply with all federal, state and local laws and regulations applicable to its performance under this Agreement.

7. City Cooperation. The City shall give AUTHORITY its full cooperation and assistance of its officers, agents, and employees when requested by AUTHORITY and City hereby designates its Chief of Police, as its representative to coordinate with all activities under this Agreement.

8. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. Any employee employed in the performance of services hereunder are City employees and do not have and do not acquire any pension, civil service, or any other status or right except those that the City confers upon its employees.

9. Interruption in Services. If the City’s provision of services hereunder is interrupted by strikes, boycotts, or forces beyond the control of the City, the AUTHORITY may prorate its payment as appropriate and will exert reasonable effort to continue the provision of services hereunder.

10. Title to Law Enforcement Reports. All law enforcement records, reports, and documents made or prepared by City officers employed in the performance of services under this contract shall be the property of the City. The City shall maintain such records, reports, and documents in accordance with all applicable law and shall make available in timely manner AUTHORITY summaries of such records, reports, and documents after requested.by AUTHORITY.

11. Assignment of Contract. The City shall not assign this Contract or monies due or to become due, without the prior written consent of the AUTHORITY.

12. Insurance. The AUTHORITY and the City shall each maintain comprehensive liability insurance and/or self-insurance and shall show proof of the same to the other party upon request. The City shall provide workers’ compensation insurance coverage for its employees.

13. Indemnification.

a. The AUTHORITY shall defend, save harmless and indemnify the City, and its officers, agents and employees and directors from all liabilities, including, but not limited to, damages, attorneys’ fees and costs and claims for damages of death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services by AUTHORITY hereunder, resulting from the conduct, negligent or otherwise, of AUTHORITY its officers, agents or employees, while acting in the scope of their employment with AUTHORITY.


b. The City shall defend, save harmless and indemnify the AUTHORITY and its officers, agents, employees and director from all liabilities including, but not limited to, damages, attorneys’ fees and costs and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services to AUTHORITY hereunder, resulting from the conduct, negligent or otherwise, of the City, its officers, agents and employees, while acting in the scope of their employment with CITY.

14. Amendments. This Contract may be modified or amended by a written document executed by the parties to this Contract.

15. Entire Agreement. This Contract contains all of the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto.

16. Notices. All notices provided for by this Contract shall be in writing, and shall be personally delivered or delivered by deposit in United States first class certified mail, postage prepaid and return receipt requested. Notices to the AUTHORITY shall be address to Contra Costa County, AUTHORITY Project Manager, Lowell Tunison, 255 Glacier Drive, Martinez, California 94553. Notices to the City shall be addressed to the City of Brentwood, c/o John Stevenson, City Manager, 150 City Park Way, Brentwood, CA 94513. The effective date of notice shall be the date of personal delivery or the date of delivery as shown on the return receipt.

17. Signatures. These signatures attest the parties’ agreement hereto.


CITY OF BRENTWOOD EAST CONTRA COSTA FINANCING 
AND FEE AUTHORITY

By:_____________________________ By___________________________
John Stevenson, City Manager Lowell Tunison, Project Manager


ATTEST:

By_____________________________ By___________________________
Karen Diaz, CMC, City Clerk

APPROVED AS TO FORM:

By______________________________ By___________________________
Dennis Beougher, City Attorney