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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: July 13, 2004

Subject/Title: Approve a Resolution authorizing the City Manager to Execute a Contract with the Highway 4 Bypass Authority for Law Enforcement Services

Submitted by: Mike Davies, Police Chief

Approved by: John Stevenson, City Manager

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

PREVIOUS ACTION
On April 9, 2002, the City Council approved a similar contract with the Highway 4 Bypass Authority for law enforcement services.

BACKGROUND
The California State Highway Patrol will ultimately police this facility, but that will only happen after full acceptance of the entire length of the Highway 4 Bypass by the State, which will be after completion of Segments 1 and 3. Until that time, the City will need to enforce the Vehicle Code and public safety issues since it is within the City’s jurisdiction. The proposed Contract is identical to the one approved in April, 2002, except that the payment has been increased by 5.64% to $6,600 per quarter. The 5.64% increase represents the average salary increase for Brentwood Police Officers for 2004/2005.

FISCAL IMPACT
None. It is the intent of the Contract for the City to be fully reimbursed for its services. The original contract payment ($6,250) has been increased by the 5.64% increase of this year’s budget year 2004/2005, or $6,600.

Attachments:
Resolution
Contract for Law Enforcement Services (w/Exhibit A)

RESOLUTION NO.

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

WHEREAS, on April 9, 2002, the City Council approved a contract with the Highway 4 Bypass Authority to provide for police services between Balfour Road and Lone Tree Way along the Highway 4 Bypass route.

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 has negotiated a new 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 execute a contract with the Highway 4 Bypass Authority for Law Enforcement Services and is attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13th day of July, 2004, 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 the STATE ROUTE 4 BYPASS AUTHORITY (hereinafter ”AUTHORITY”).

2. Term. This Contract shall become effective July 13, 2004 and continue in force through July 13, 2006, unless terminated by either party upon thirty (30) 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 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 (3) months so long as the Contract remains in effect. AUTHORITY shall make payments to the CITY no later than thirty (30) 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 Six Hundred Dollars ($6,600).

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 Contract. 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 Contract.

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 Contract.

8. Independent Contractor Status. This Contract 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 a timely manner AUTHORITY summaries of such records, reports, and documents after being 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 the AUTHORITY hereunder, resulting from the conduct, negligent or otherwise, of the AUTHORITY its officers, agents or employees, while acting in the scope of their employment with the AUTHORITY.


b. The CITY shall defend, save harmless and indemnify the AUTHORITY and its officers, agents, employees and directors 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 the 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 addressed 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 STATE ROUTE 4 BYPASS AUTHORITY

By:_____________________________ By___________________________
John Stevenson, City Manager Dale Dennis, Project Manager

ATTEST:

By_____________________________
Karen Diaz, CMC, City Clerk

APPROVED AS TO FORM:

By______________________________
Dennis Beougher, City Attorney
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov