CITY COUNCIL AGENDA ITEM
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
Adopt a Resolution approving, and authorizing the City Manager to sign a
understanding for non-exclusive police facility use between the Brentwood
and the California Highway Patrol.
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.
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.
Memorandum of Understanding
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
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
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:
Margaret Wimberly, CMC
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”).
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
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
5. Condition of Facilities and Maintenance. CHP agrees to maintain the
Facilities and the equipment located thereon in a neat and attractive
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
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
(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
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.
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
IN WITNESS HEREOF, the Parties have executed this Agreement by their
officers therein duly authorized as of the date and year first written
California Highway Patrol City of Brentwood
R.O. Vargas, Chief Donna Landeros, City Manager
Commander, Administrative Services Division
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
Damien B. Brower, City Attorney