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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: August 8, 2006

Subject/Title: Resolution approving, and authorizing the City Manager to sign a memorandum of understanding for non-exclusive police facility use between the Brentwood Police Department and the California Highway Patrol.

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 memorandum of
understanding for non-exclusive police facility use between the Brentwood Police Department
and the California Highway Patrol.

PREVIOUS ACTION
None.

BACKGROUND
In an effort to enhance response times and increase a California Highway Patrol presence in East Contra Costa County, the Brentwood Police Department has formed a unique partnership with the California Highway Patrol by providing them with office space for their use at the Brentwood Police Facility. By having office space at the Brentwood Police Facility, the California Highway Patrol is able to deploy its East Contra Costa County personnel directly into the field, eliminating driving time from their Contra Costa County Field Office in Martinez CA. As a result, California Highway Patrol personnel have enhanced their ability to respond to emergency traffic issues occurring on Vasco Road and on Highway 4 in East Contra Costa County. Furthermore, the increased presence of the California Highway Patrol in and around the City of Brentwood has proven to be beneficial to the Brentwood Police Department and has resulted in the California Highway Patrol being able to provide law enforcement support to the Brentwood Police Department, specifically with critical traffic incidents occurring in the City of Brentwood.

FISCAL IMPACT
The approval of this agreement would generate General Fund revenue in the amount of $6,000 for the use of the facility for the period of November 1, 2005 through August 31, 2006.

Attachments:
Resolution
Memorandum of Understanding

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING,
AND AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF
UNDERSTANDINGN FOR NON-EXCLUSIVE POLICE FACILITY USE BETWEEN THE
BRENTWOOD POLICE DEPARTMENT AND THE CALIFORNIA HIGHWAY PATROL.

WHEREAS, California Highway Patrol personnel assigned to patrol major commute arterials in and around the City of Brentwood such as Highway 4 and Vasco Road will utilize designated office space inside of the Brentwood Police Facility; and

WHEREAS, California Highway Patrol personnel will deploy directly into the field from the Brentwood Police Facility enhancing traffic safety roadway patrols and response times to critical traffic incidents in east Contra Costa County; and

WHEREAS, California Highway Patrol personnel have increased their availability to more effectively support and assist the Brentwood Police Department with critical traffic incidents occurring in the City of Brentwood; and

WHEREAS, California Highway Patrol personnel deploying out of the Brentwood Police Facility have been able to increase their presence and enforcement efforts in and around the City of Brentwood and its major commute arterials.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
approves, and authorizes the City Manager to sign a memorandum of understanding for non-
exclusive police facility use between the Brentwood Police Department and the California
Highway Patrol.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a meeting held on the 8th day of August 2006 by the following vote:

AYES:
NOES:
ABSENT:
________________________________
Bryan Swisher
Mayor

ATTEST:
__________________________________
Margaret Wimberly, CMC
City Clerk

MEMORANDUM OF UNDERSTANDING
FACILITY USE AGREEMENT
(California Highway Patrol – 9100 Brentwood Boulevard)

This facility use agreement (“Agreement”), dated ____________, 2006, is made by and between the City of Brentwood (“City”), and the California Highway Patrol (“CHP”) (collectively, the “Partners”).
RECITALS

A. City is the owner of the office and parking space within certain facilities located at 9100 Brentwood Boulevard, also known as the Brentwood Police Department (the “Facilities”).

B. CHP desires non-exclusive use of the Facilities as a substation from November 1, 2005 to August 31, 2006.

NOW, THEREFORE IT IS AGREED:

1. Scope of Agreement. City hereby grants CHP the right to use the Facilities as a substation. CHP officers assigned to the substation are authorized to utilize the temporary holding cells located at 9100 Brentwood Boulevard after first completing to the satisfaction of City, a State required eight (8) hour training course on the use of a temporary holding facility.

2. Compensation. In exchange, for the use of the Facilities, CHP agrees to pay City the sum of six thousand dollars ($6000.00) for use of the facility through the term of this Agreement to be funded from the California Office of Traffic Safety Vasco Road Safety Corridor Grant.

3. Term. Unless earlier terminated, use of the Facilities shall commence on November 1, 2005, and end on August 31, 2006. This Agreement may be extended pursuant to Section 19 – Amendment.

4. Temporary Use. The Agreement is temporary in nature, and does not constitute a deed, grant, of easement, or lease, or other conveyance of any right, title, or interest in or to the Facilities. The City or CHP, respectively, as terminating Party may terminate this Agreement at any time during which it is in effect by giving notice thereof to the non-terminating Party not less than thirty (30) days prior to the effective date of termination.

5. Condition of Facilities and Maintenance. CHP agrees to maintain the Facilities and the equipment located thereon in a neat and attractive condition.

6. City Access. City reserves the right to unlimited access to the Facilities or any part thereof for municipal purposes including, but not limited to, the performance of maintenance and repairs of any and all structures or public improvements, if any, heretofore or hereafter installed and/or constructed in or upon the Facilities, the inspection of the Facilities, the use, maintenance, repair of adjoining areas, or for any other purpose in furtherance of the City’s use of the Facilities. Notwithstanding the foregoing, City shall extend reasonable efforts not to interfere with CHP’s use of the Facilities in exercising its right under this paragraph.

7. Improvements. CHP shall not make, nor cause to be made, nor allow to be made, alterations or improvements to the Facilities (including installation of any fixture affixed to the Facilities), without the prior written consent of the City. All improvements or alterations constructed or installed shall be removed and the Facilities restored to substantially the same condition existing prior to such construction or installation, upon the termination or revocation of this Agreement, unless the prior written approval of City is secured, allowing such improvements or alterations to remain in place, in which case, title thereto shall vest in City. All improvements undertaken pursuant to this Agreement will be at CHP’s sole expense and CHP will be responsible for the use and care of the improvements.

8. Waiver of Claim. City assumes no responsibility for the guarding or safekeeping of the Facilities, equipment, or improvements installed or constructed by CHP upon, or used in connection with, the Facilities. CHP waives all claims against City, its Council, Boards, Commissions, agents, officers, volunteers, or employees for any damages to the improvements in, upon, or about the Facilities and for injuries to any employees of CHP or their agents or invitees in or about the Facilities from any cause arising at any time.

9. Indemnification. CHP will hold City, its Council, Boards, Commissions, agents, volunteers or employees exempt and harmless from any damage or injury to any person, or any property, from any cause of action arising at any time from the use of the Facilities by CHP, or from the failure of CHP to keep the Facilities in good condition and repair, including all claims arising out of the negligence of CHP.

CHP’s indemnification will include any and all costs, expenses, attorney fees, and liability incurred by City, its Council, Boards, Commissions, agents, officers, volunteers or employees in defending against such claims, whether the same proceed to judgment or not.

CHP will, at its own expense and upon written request by the City, defend any such suit or action brought against City, its Council, Boards, Commissions, agents, officers, volunteers or employees. CHP indemnification will not be limited by any prior or subsequent declaration by CHP.

This section will survive the expiration or termination of this Agreement.

10. Insurance. CHP will acquire and maintain Workers’ Compensation employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CHP’s use of the Facilities pursuant to this Agreement. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category: Minimum Limits:
Workers’ Compensation Statutory minimum
Employer Liability $1,000,000 per accident
For bodily injury or disease

Automobile Liability $1,000,000 combined single-limit per accident for both bodily injury and property damage

Commercial General Liability $3,000,000 per occurrence for bodily injury, personal injury and property damage

Concurrently with the execution of this Agreement, CHP will furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:

(a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after the City shall have received written notification of cancellation or reduction in coverage by first class mail;

(b) Providing that CHP’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability (cross liability endorsement);

(c) Providing that CHP’s insurance coverage shall be primary insurance with respect to City, its Council, Boards, Commissions, agents, officers, volunteers, or employees, and any insurance or self-insurance maintained by the City, for themselves, and for their Council, Boards, Commissions, agents, officers, volunteers, or employees shall be in excess of CHP’s insurance and not contributory with it.

If CHP fails to maintain any of the insurance coverage required herein, then City will have the option to revoke this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverage may be maintained. CHP is responsible for any payments made by City to obtain or maintain such insurance and City may collect the same from CHP or deduct the amount paid from sums due CHP under this Agreement.

Any insurance required of CHP may be provided in the form of self-insurance, or a combination of self-insurance and commercial or excess insurance, in accordance with CHP’s customary practices, and such coverage shall be deemed to satisfy the insurance requirements of this Section 10. This paragraph shall not apply to insurance provided by CHP’s contractors and subcontractors.

11. Compliance with Laws. CHP shall comply with all laws concerning use and occupancy of the Facilities including but not limited to Brentwood Police Department Policies and Procedures and the Brentwood Police Department’s Temporary Holding Facilities Manual, without limitation, the obligation at CHP’s cost to maintain or restore the Facilities, or the equipment stored thereon, in compliance with, and in conformance to, any and all laws relating to the condition, use, or occupancy of the Facilities, or the storage and use of said equipment.

12. Venue. CHP agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the Parties arising out of this Agreement is Contra Costa County, California.

13. Assignment and Nontransferability. CHP understands and acknowledges that assignment, sublicensing or transfer of this Agreement is absolutely prohibited without the written consent of City, and any attempt to do so without City’s written consent may result in a revocation of the Agreement at the will of the City.

14. Revocation of Agreement. CHP understands and agrees that this Agreement may be revoked at any time for CHP’s failure to maintain the Facilities as required under this Agreement or; for failure of CHP to comply with any of the other terms and conditions hereof, notwithstanding any investment of CHP in improving the Facilities for its use. The determination of Agreement revocation shall be within the sole discretion of City and shall be in addition to the right to terminate without cause pursuant to the provisions of Section 4 of this Agreement.

If this Agreement is revoked by City under this Section 14, the revocation shall be no earlier than forty-eight (48) hours from the date and time of delivery of the notice of revocation and CHP shall remove all of the vehicles and improvements from the facilities by that time or City may remove them and charge CHP for the cost of removal or storage.

15. Liens and Encumbrances. CHP shall have no authority to do anything that may result in a lien or encumbrance against the Facilities. Without limiting the foregoing, however, CHP agrees to pay promptly all costs associated with the activities associated with this Agreement and not to cause, permit, or suffer any lien or encumbrance to be asserted against the Facilities. In the event that CHP causes, permits, or suffers any lien or encumbrance to be asserted against the Facilities related to activities associated with this Agreement, CHP at its sole cost and expense shall promptly cause such lien or encumbrance to be removed.

16. Damage to the Facilities. If, at any time, any of CHP’s activities conducted pursuant to this Agreement causes any damage to any portion of the Facilities, CHP will promptly repair such damage to City’s satisfaction.

17. Notice. All notices under this Agreement shall be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, addressed as follows (or to any other mailing address which the Party to be notified may designate to the other Party by such notice). All notices properly given as provided for in this section shall be deemed to be given on the date when sent. Should the City or CHP have a change of address, the other party shall immediately be notified as provided in this section of such change.

CHP: CITY:

California Highway Patrol Brentwood Police Department
Attn: J. U. Cahoon, Captain Attn: Chief of Police
Contra Costa Area 9100 Brentwood Blvd.
5001 Blum Road Brentwood, CA 94513
Martinez, CA 94533

18. Complete Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written) between the Parties with respect to the matters set forth herein.

19. Amendment. This Agreement may be amended only by a written instrument executed by the Parties. The City Manager is authorized to execute non-substantive amendments to this Agreement including, but not limited to, extension of the Agreement term based on substantially the same terms and conditions contained herein.

20. Authority. The individuals executing this Agreement on behalf of CHP and the City represent and warrant that they have the legal power, right and actual authority to bind CHP and the City to the terms and conditions of this Agreement.

IN WITNESS HEREOF, the Parties have executed this Agreement by their officers therein duly authorized as of the date and year first written above.

CHP: City:

California Highway Patrol City of Brentwood

By: By:
R.O. Vargas, Chief Donna Landeros, City Manager

Commander, Administrative Services Division
Date:

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