City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: March 28, 2006

Subject/Title: Resolution approving, and authorizing the City Manager to sign a mutual assistance agreement for the Lone Tree Way corridor between the Brentwood Police Department and the Antioch Police Department.

Prepared by: James Martinez, Lieutenant Brentwood Police Department

Submitted by: James Martinez, Lieutenant Brentwood Police Department


RECOMMENDATION
Adopt a Resolution approving, and authorizing the City Manager to sign a mutual assistance
Agreement for the Lone Tree Way corridor between the Brentwood Police Department and the
Antioch Police Department when an immediate response by an officer is imperative in an emergency situation.

PREVIOUS ACTION
None.

BACKGROUND
The Cities of Antioch and Brentwood share a common border along the Lone Tree War corridor. The Antioch and Brentwood Police Department’s have determined it is in their respective and mutual best interest to respond to calls for service in the most expeditious manner possible. The Antioch and Brentwood Police Department’s utilize the same dispatch center and respond to calls for service with the same prioritization. The Antioch and Brentwood Police Department’s agree that priority emergency calls for service require an immediate response by an officer, this response is imperative, and an immediate response will enhance public safety. Currently, Antioch and Brentwood Police Officers are responding to emergency calls for service on the common border along the Lone Tree War corridor. These responses are based on unit availability and position based on an officer’s in-car Automated Vehicle Locator (GPS) system. In the past, it has been necessary for Antioch and Brentwood Police Officers to respond into the others jurisdiction for emergencies due to the fact that the respective agency does not have available police officers to respond and/or the closest available officer is unable to provide an immediate response.

FISCAL IMPACT
The fiscal impact of this agreement is unknown. It has been an on-going and common continuing practice for police agencies to assist neighboring jurisdictions. To date, the City of Brentwood has not been fiscally impacted.

Attachments:
Resolution
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING, AND AUTHORIZING THE CITY MANAGER TO SIGN, AN AGREEMENT BETWEEN THE CITY OF ANTIOCH, AND THE CITY OF BRENTWOOD FOR POLICE RESPONSES ON THE LONE TREE WAY CORRIDOR

WHEREAS, Antioch and Brentwood (the “Cities”) share a common border along the Lone Tree Way corridor; and

WHEREAS, the Cities utilize the same dispatch center and respond to calls for service with the same prioritization; and

WHEREAS, the Cities have determined it is in their respective and mutual best interests to respond to calls for service in the most expeditious manner possible; and

WHEREAS, the Cities agree Priority #1 calls for service are emergency calls in which an immediate response by an officer is imperative, and an immediate response will enhance public safety; and

WHEREAS, the Cities agree that officers respond to emergency calls based on unit availability, and their respective officers may not be available; and

WHEREAS, the Cities have agreed to respond to emergency calls for service on the common border along the Lone Tree War corridor in emergency situations as set forth in the Agreement, a copy of which is attached hereto as Exhibit “A”.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
approves, and authorizes the City Manager to sign, a mutual assistance Agreement for the Lone
Tree Way corridor between the Brentwood Police Department and the
Antioch Police Department.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a meeting held on the ____ day of March 2006 by the following vote:


ATTACHMENT “A”

MUTUAL LONE TREE WAY CORRIDOR ASSISTANCE AGREEMENT

Between
THE CITY OF ANTIOCH
And
THE CITY OF BRENTWOOD


This is an agreement between the City of Antioch, and City of Brentwood, collectively, the “Parties”.

WHEREAS, Antioch and Brentwood share a common border along the Lone Tree Way corridor.

WHEREAS, Antioch and Brentwood utilize the same dispatch center and respond to calls for service with the same prioritization.

WHEREAS, Antioch and Brentwood have determined it is in their respective and mutual best interests to respond to calls for service in the most expeditious manner possible.

WHEREAS, Antioch and Brentwood agree Priority #1 calls for service are emergency calls in which an immediate response by an officer is imperative, and an immediate response will enhance public safety.

WHEREAS, Antioch and Brentwood agree that officers respond to emergency calls based on unit availability, and their respective officers may not be available.

NOW THEREFORE, the Parties agree as follows:

A. LONE TREE WAY CORRIDOR

1. The Parties share a jurisdictional boundary along Lone Tree Way between Heidorn Ranch Road and Empire Mine Road. Commercial and residential properties adjacent and to the north of Lone Tree Way are in the City of Antioch; whereas commercial and residential properties adjacent and to the south of Lone Tree Way are in the City of Brentwood. Collectively, this area shall be known as the Lone Tree Way Corridor.

B. THE ANTIOCH POLICE DEPARTMENT

1. Upon receiving a Brentwood emergency call for service, which has originated along the common border of the Lone Tree Way corridor; the closest available Antioch officer(s) may be dispatched utilizing the Dispatch Auto Vehicle Locate (AVL) Unit Recommendation System.

2. The Antioch officer(s) shall respond to the emergency call for service and take necessary steps to stabilize the situation until a Brentwood officer can take control of the call.

C. THE BRENTWOOD POLICE DEPARTMENT

1. Upon receiving an Antioch emergency call for service, which has originated along the common border of the Lone Tree Way corridor; the closest available Brentwood officer(s) may be dispatched utilizing the Dispatch Auto Vehicle Locate (AVL) Unit Recommendation System.

2. The Brentwood officer(s) shall respond to the emergency call for service and take necessary steps to stabilize the situation until an Antioch officer can take control of the call.

D. THE PARTIES MUTUALLY AGREE:

1. Term. This Agreement shall be effective upon the date of the last signature and shall continue on a fiscal year to fiscal year basis, unless terminated as hereafter provided.

2. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it; embody the entire Agreement and understanding between the Cities relating to the subject matter of it. Neither this Agreement nor any of its provision may be amended, modified, waived or discharged except in a writing signed by both Cities.

3. Termination. This Agreement may be terminated at any time with a sixty (60) days written notice from either Party or by a mutual agreement of the Parties.

4. Direction of Employees. During the response to all emergency calls for service, each City shall be responsible for the direction of its employees.

5. Expenses. To assume the cost of salaries and other incidental expenses of their own personnel and equipment involved in responding to the other City’s emergency calls for service.

6. Legal Relationship of the Cities. The only legal relationships established by this Agreement are those created by contract. This Agreement is not intended to, and does not, create the relationship of agent, servant, employee, partnership, joint venture or association, nor of a joint powers authority.

7. Indemnity. Except as to the sole negligence or willful misconduct of Antioch, Brentwood will defend, indemnify and hold Antioch, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney’s fees, which arises out of, or is in any way connected with the performance of, the services by Brentwood or any of Brentwood’s employees, agents or subcontractors, notwithstanding that Antioch may have benefited from their services.

Except as to the sole negligence or willful misconduct of Brentwood, Antioch will defend, indemnify and hold Brentwood, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney’s fees, which arises out of, or is in any way connected with the performance of, the services by Antioch or any of Antioch’s employees, agents or subcontractors, notwithstanding that Antioch may have benefited from their services.

8. Liability. The Cities acknowledge that they both have memoranda of coverage against claims, lawsuits and damages from a common joint powers authority. If any third party files a claim or lawsuit against either City in connection with the performance of obligations under this Agreement, and if such claim or lawsuit represents a covered event as defined by the joint powers authority, the Cities acknowledge that the joint powers authority will provide a common defense unless there is a conflict (see paragraph 7 titled Indemnity).

9. Dispute Resolution. Should any dispute arise out of this Agreement, either City may request that it be submitted to mediation. The Cities shall meet in mediation within thirty (30) days of a request. The cost of mediation shall be borne equally by the Cities. Neither City shall be deemed the prevailing party. No party shall be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the Cities but not more than sixty (60) days, unless the maximum time is extended by the Cities.

10. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of the Cities each represent and warrant that they have the legal power, right and actual authority to bind the Cities to the terms and conditions of this Agreement.

11. Severability. If any section, clause, or phrase of this Agreement, or the application thereof to any City or any other person or circumstance, is held to be invalid by a final decision of a court of competent jurisdiction, it shall be deemed severable and the reminder of this Agreement, or the application thereof to any City or any other person or circumstance, shall not be affected thereby.

12. Section Headings. The section headings herein are for the convenience of the Cities only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions or language of this Agreement.

13. Choice of Laws. This Agreement is made in Contra Costa County, State of California, under the Constitution and laws thereof, and shall be construed and enforced in accordance with the laws of the State of California.

14. Notices, Contact Persons. The contact persons for this Agreement shall be, and any notice required to be given, shall be deemed properly delivered if mailed, postage pre-paid to:

For Antioch: For Brentwood:

Chief of Police Chief of Police
Antioch Police Department Brentwood Police Department
300 “L” Street 9100 Brentwood Blvd.
Antioch, CA 94509 Brentwood, CA 94513
(925) 779-6901 (925) 634-6911

Each City will notify the other of any changes of address that would require any notice or delivery to be directed to another address.


CITY OF ANTIOCH:


By:
Jim Jakel, City Manager

Date:


ATTEST:


By:
L. Jolene Martin, City Clerk


APPROVED AS TO FORM:


By:
Lynn Tracy Nerland, City Attorney CITY OF BRENTWOOD:


By:
Donna Landeros, City Manager
Date:


ATTEST:
By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:
By:
Damien B. Brower, City Attorney

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov