HomeMy WebLinkAbout0191.091\
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Karch 13 .. 19511
THE HONORABLE CITY COUNCIL
Palo Alto, California
Resolution -~Hold Harmless· Agreement for COmmercial Enforcement
Training
Members of the council:
Report in Brief
This report requests that the CouncIl adopt the attached
resolution authorizing the City Manaqer or his designee to
execute an agreement with th~ California Hiqhway Patrol for
Co.aercial Enforcement Training services4
jtackqround
In June ~989 .. Council authorized the formation of a Commercial
Vehicle Enforcement Program for the .itiqation of hazards caused
primarily by trucks transporting hazardous ~at~rials on Palo Alto
surface streets. Officers involved in the program partiCipate in
8 state-mandat~d, specialized two-week training course tau9ht by
the California Hi9hvay Patrol (CHP) 4 Since inception Of the
proqram, tvo officers have been sent annually. The next course
beqins April 1, 1991, and registration must ~ complete by
'March 22. 1991.
Before the CHP allows participation of officers from allied
a;encies, they require an agreement with the CitY4 This
aqreement has been p~eviou91y signed by the City Manager, since
the amount charqed by the CHP is much less than the $25,000
authority delegated to the city Manager ~nder Palo Alto Municipal
Code section 2.30.070~ However, Police Department statf has
recently been informed by the city Attorney that since the CHP
agreement includes a provision for indemnity of the CHP for any
negligent condu~t of a city trainee durinq tbe program and the
legal exposure may theoretically exceea $25,000. it ¥ould be
appropriate for th~ Council to expressly authorize the City
xanagGr or his designee to execute this agreement.
CMR: 191:91
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In order to ensure attendance of ofticers in ~be upeo.inq
training sesBion, a resolution authori~in9 execution of the
a9reesent with the CHP by the City Manager i. required.
Beeo.lodation
staff requests that the City Council adopt the attached
resolution authorizing the city Manager to &19,1 the agreement
with the CHP tOT-Commercial Enforce.ent Trainin9 services.
Re.pectfully ~ted.
(l ,lLi
CHRXSTOPHER T. DURKIN
Police Chief
Attachaellts:
R;esolution
CHP Training Agreement
CMR:191:91
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RESOWTIO~ NO.
RESOWTION OF THE COUNCIL OF THE CIT'l OF PALC ALTO
AUTHORIZING THE Clry MANAGER TO EXECUTE AN AGREF
~~ FOR COMKERCIAL ENFORCEMENT TRAINING SERVICES
BY THE CALIFORNIA HIGHWAY PATROL
WHEREAS, the City Manaqer is authorized by Section 2430.070
of the Palo Alto Municipal Code to execute on behalf of the City of
Pa.lo Alto written contracts for the provi~ion of services or
supplies involving an expenditure of less tllan $25,000; and,
WHEREAS, the City Manager is authorized thereby to execute
on bebalf of t.'"1e City of Palo Alto written contracts 'With the
California Hiqhway Patrol for training services in commercial
vehicle enforce:clent, each of wbich involve expenditures by the City
of less than $25$000; and,
WHEREAS, the co~~cil of the city ot Pale Alto desires to
authorize the City Manager to agree on behalf of the City in these
written contracts that the city viII defend, indemnify, and hold
harmless the state ot California and the California Highway Patrol
and the.ir officers, agents, a.nd employees frOiD all claims and
demands resulting fram any city employee negligence in connection
with those training services;
NOW, THEREFORE, it is resolved by the council of the City
of Palo Alto that:
The city Manager is authorized to execute, on behalf of the
city Qf Palo Alto, all agreements with the State of california,
acting by and throuqh the Department of California Highway Patrol,
for the provision of commercial vehicle enforcement training
services involving an expenditure by the City of less than $25,Or.;O,
with provision for the city to defend, indemnify. and hold harmless
the State of California and the California Highway Patrol and their
officQrs, agents, and employees from all claims and demands
resulting froll! any City employee negligence in connecticn ... i th
those training services~
Ir.'TRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
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ATTEST:
city Clerk
APPROVED AS '1'0 FORK:
Sr. ~5i.tant city Attorney
APPROVED AS '1'0 CONTENT:
Chief of police
9tool3 jail IJ04OJ41
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APPROVED:
Mayor
City Manager
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'0762-90/91
DEPT. OF CALIFORNIA HIGHWA'i PATROL
TRAINING AGREEMENT
so
THIS AGREEMENT, made and entered into this 29th day of
January, 1991, between the state of California, acting by and
throuqh the Department ot california Highway Patrol, hereinafter
called CHP, and the City of Palo Alto, hereinafter called CITY.
WITNESSETH: By and in consideration of the covenants and
conQitions herein contained, the CHP and the CITY do nereby agree
as follows:
1. CHP agrees to allow CITY trainee(s) to a~tend trainin9
classes during the following period(s):
Co.-ercial Enforcement Training Course
April 1 -14, 1991
2. Training shall be conducted at the following location:
Newark-Fremont Hilton Hotel
39900 Balentine Drive
N~wark, CA 94560
3. In consideration for the instruction and facilities
provided, CITY aqrees to pay CHP in advance $650.00 for
one (1) trainee(s).
4. The rates indicated in this agreement are for estimate
purposes only. In the event eH? is granted a rate
increase, CITY a9rees to pay increased rates.
5. CITY aqrees to indemnify, defend I and save harmless the
Stat~ of California, the CHP, its officers, aqents and
employees I from and aqainst any and all claims and demands
whatsoever resulting from the CITY'S employee(s)
negligence or omissions in connection with the physical
facility or other acts related to this agreement.
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Commercial Enforcement Traininq Course
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10762-90/91
6w CITY shall be responsible for paying any cost incurred
by CHP tor facility damage cause~ by the willful or
~alicious misconduct of CITYrS trainee(s}~
7. This agreement shall become effective when signed by both
parties. Training shall not be allowed unless a resolu
tion or document of authorization !s on file with CHP.
8. This agreement Eay be amended :by lIIutual consent of the
pa rt ie s hereto.
9. Notices and communicntions hereunder shall be sent to the
addresses appearing below the siqnatures.
STATE OF ~FORNIA
California Highway Patrol
CITY OF PALO ALTO
BY
Administrative services Officer
California Highway Patrol
Business Services section
P. o. Bo" 942!98
Sacramento, CA 94298-0001
BY ____ ~~~~~~--------city Manager
Palo Alto Police Department
275 Forest Avenue
Palo Alto, CA g4301
Attn: Sgt. Trudy Eitel
Exempt frca oepart~ent of General services approval in accordance
with the State Administrative Manual.
PCA 80016
SOURCE 991936