2013/10/08 City Council Resolution 2013-141RESOLUTION NO. 2013 -141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
THE CALIFORNIA HIGHWAY PATROL
FOR
ADDITIONAL TRAFFIC CONTROL STAFFING
WHEREAS, the Federated Indians of Graton Rancheria (the Tribe) have proceeded to
plan, construct, and are preparing to open a casino operation located adjacent to the City on
November 5, 2013; and,
WHEREAS, based upon the experience of similarly situated communities during the
opening of a casino, the opening of the Graton casino is anticipated to impact traffic surrounding
the casino within the City for an estimated period of four weeks, with the first two weeks being
particularly impacted; and,
WHEREAS, in order to ensure the optimal mitigation measures, in concert with a traffic
plan development and consultation between the Tribe, the City, and other external stakeholders, a
heightened level of traffic service and enforcement is desired, and is in keeping with the Traffic
Operations Plan; and,
WHEREAS, to maintain the current level of service to the residents of the City, it is
desirable to attain such additional staffing from an outside agency with the authority and
expertise to provide such services, so as to keep the City's law enforcement professionals
available to serve our residents; and,
WHEREAS, the California Highway Patrol (CHP) provides a means through form
agreements, known as a Reimbursable Letter of Agreement, to retain the additional staffing,
provided they are reimbursed for such service costs; and,
WHEREAS, a Reimbursable Letter of Agreement is needed because additional service is
desired at a heightened level during the first week and a lower level for the duration of the month
of November, .
NOW; THEREFORE; BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the execution of a Reimbursable Letter of
Agreement by and between the California Highway Patrol, a Department of the State of
California, and the City of Rohnert Park, a municipal corporation, for additional traffic control
staffing during the grand opening of the casino from November 5 to December 31, 2013 in the
amount of forty eight thousand seven hundred and seventy four dollars ($48,774.00).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate the Reimbursable Letter of Agreement for and on behalf of the
City of Rohnert Park, including execution, if necessary, in substantially similar form to the
Reimbursable Letter of Agreement, which are attached hereto as Exhibit "A" and incorporated by
this reference, subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 8"' day of October, 2013
ATTEST:
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City Clerk
CITY OF ROHNERT PARK
Mayor
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Resolution 2013- -141
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
REIMBURSABLE LETTER OF AGREEMENT
CHP 465 (Rev. 2 -12) OPI 076
THIS AGREEMENT, Reimbursable Services Control Log # made and entered into this day
of October 2013 , by and between the State of California, acting by and through the Department of California
Highway Patrol, hereinafter called CHP, and „ ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY hereinafter called
ROHNERT PARK DPS
WORK SHALL COMMENCE ON THE START DATE OR UPON APPROVAL BY BOTH THE CHP AND
REQUESTER, WHICHEVER IS LATER. NO SERVICE SHALL BEGIN BEFORE THAT TIME.
Reimbursable services are to be provided when ❑✓ traffic control
❑ other details for
❑ security services ❑ vehicle inspections
are required, the CHP agrees to provide uniformed personnel with motorcycles and /or patrol vehicles to assist with the
TRAFFIC CONTROL
2. The term of this Agreement will be 11/05/2013 to 11/16/2013
3. The CHP coordinator shall be DEANNA SMITH ^ , telephone number (707) 588 -,1400
4. In the event of a disaster or unforeseen emergency, this Agreement may be canceled without prior notice by the CHP.
5. ROHNERT PARK DPS agrees, to the extent permitted by law to indemnify the CHP against
and hold the CHP harmless from any and all claims, demands, suits, and actions for personal injury, death, loss, and /or
property damage that may arise out of or in connection with the performance of this Agreement, even though such injury,
death, loss and /or damage to property may be (or may be alleged to be) attributable in part to the active and /or passive
negligence of the CHP and /or its appointees, officers, agents, employees, and servants.
ROHNERT PARK DPS agrees to defend all such claims, demands, suits, and actions
against CHP and /or its appointees, officers, agents, employees, and servants, although the CHP retains the right to
conduct the defense at its own expense, ROHNERT PARK DPS shall reimburse the CHP
for all expenses including court costs and reasonable attorney fees, incurred by reason of such claims, demands suits,
and actions, or incurred in seeking indemnity or other recovery from ROHNERT PARK DPS
thereunder.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by all parties and
approved as required. No oral understanding or Agreement not incorporated in this Agreement is binding on any of the
parties.
7. When one of the contracting parties is a county, city, district, or other local public body, this Agreement shall be
accompanied by a copy of the resolution, order, motion, or ordinance of the local governing body, which by law provides
the authority to enter into and execution of this Agreement. When performance by the local government entity will be
completed before any payment by the CHP, such as a room rental or a one -time event, a resolution is not required.
3. ROHNERT PARK DPS agrees that additional charges which are directly related to the
services provided, maybe assessed for the CHP supplies, additional equipment utilized, damage to uniforms, or property
repaired or replaced at the CHP's expense.
9. If the CHP uniformed employee has reported to the assigned location and has worked less than four hours,
ROHNERT PARK DPS agrees to pay every assigned uniform employee a minimum of four
hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift.
ROHNERT PARK DPS will not be charged for cancellations made more than 24 hours prior
to the scheduled assignment,
10. ROHNERT PARK DPS agrees that if cancellation is made within 24 hours prior to the
scheduled assignment and the assigned CHP uniformed employee(s) cannot be notified of such cancellation, a minimum
of four hours overtime will be charged for each assigned uniformed employee.
_._...
Page 1 of 3 An Internationally Accredited Agency Chp465 1112.pdt
CHP 465 (Rev, 2 -12) OPI 076
11. ROHNERT PARK DPS agrees that if cancellation is made within 24 hours prior to the
scheduled assignment and the CHP employee is notified of such cancellation,
ROHNERT PARK DPS , will only be charged a short notice cancellation fee of $50.00 per
assigned CHP uniformed employee.
12. All cancellation notices to the CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m,, Monday
through Friday, excluding legal holidays. Cancellation notices shall only be accepted by the appropriate CHP Division or
Area office.
13. The CHP agrees to make reasonable efforts to notify those CHP uniformed employees of the cancellation.
14. No additional gifts, donation, or gratuities may be accepted by the CHP employees on their behalf or on the behalf of the
Department, informal squad fund(s), or other local fund(s).
15. The hours and miles indicated in this Agreement are for estimate purposes only. Actual time and vehicle mileage will be
charged. This includes travel between the CHP Division /Area command and the service location.
16. The rates indicated in this Agreement are for estimate purposes only. Any increases in overhead, mileage, damaged
uniforms, private -owned safety equipment, salaries, and benefits are governed by collective bargaining agreement and /or
statute. In the event an officer is not available, a sergeant will be assigned to work in the place of the officer, and
ROHNERT PARK DPS I will be charged at the current sergeant's pay. In the event of a rate
increase, ROHNERT PARK DPS agrees to pay the increase rate.
17. In consideration for the above services and upon receipt of an itemized invoice,
ROHNERT PARK DPS agrees to reimburse the CHP for the actual costs incurred at the
time services are provided. Rate charged to ROHNERT PARK DPS shall in no event
exceed the actual costs to the CHP to perform the requested services. The following cost information is for estimate
purposes only:
Sergeant:
Officer:
Vehicle mileage:
Motorcycle mileage:
Other expenses:
Total estimated cost:
_hrs.
@
$ 92.39_ _
$
600,00 hrs.
@
$ 75.97 ............ ..........
$.45,582.00
@
$ 0.84 .................. ...............................
$ _.............._..._._._....__ ,. ..............._...
2,400 miles @
$ 1.33
MC OFFICER $75.97/MC SERGEANT $92.39 $
3,192.00
$ .48,774.00
Note: If total estimated cost exceeds $50,000, a CHP 465 CANNOT be used. The reimbursable service request must be
initiated on a CHP 78R. Reimbursable Services Contract Request, and forwarded to Business Services Section, Contract
Services Unit, for processing. (HPM 11. 1, Chapter 6)
18. Payment/Deposit. A form of advance payment/deposit shall be required before services can be performed. The CHP
command will collect the full amount of the estimate indicated herein for an Agreement 29 days or less. For an Agreement
over 30 days and up to 12 months, 50 percent of the estimate shall be collected.
a. Amount of deposit collected: $
b. Check number /purchase order number:
c. Cash receipt number:
d. Federal Tax Identification Number:
-- .m� _.�...,,� ___— _. _.�.- - --
Page 2 of 3 An Intemationally Accredited Agency Chp465_1112.pdf
CHP 465 (Rev. 2 -12) OPI 076
WITNESSETH: By and in consideration of the covenants and conditions herein contained,
ROHNERT PARK DPS and the CHP do hereby agree to the above terms and conditions.
STATE OF CALIFORNIA REQUESTOR'S NAME
Department of California Highway Patrol
Commander Signature Date Signature
G.P. TRACEY
------ .._...._....._...... ............ ..........
Printed Name Printed Name
COMMANDER SANTA ROSA AREA
Title -._- Title
360
Lo.�i _. �_-__......__ -._... �_W.. ..._. w.. _.
cation Code Address
or use by CJLYJ a CF Y ItgP S' 1 pt[cab e City
Approved as to form by Date Telephone Number
Date
State Zip Code
Page 3 of 3 An Intemationally Accredited Agency Chp465_1 1 12.pdt
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
REIMBURSABLE LETTER OF AGREEMENT
CHP 465 (Rev. 2 -12) OPI 076
THIS AGREEMENT, Reimbursable Services Control Log # made and entered into this day
of October 2013 , by and between the State of California, acting by and through the Department of California
Highway Patrol, hereinafter called CHP, and ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY hereinafter called
ROHNERT PARK DPS
WORK SHALL COMMENCE ON THE START DATE OR UPON APPROVAL BY BOTH THE CHP AND
REQUESTER, WHICHEVER IS LATER. NO SERVICE SHALL BEGIN BEFORE THAT TIME.
1. Reimbursable services are to be provided when ❑✓ traffic control ❑ security services [:]vehicle inspections
❑ other details for
are required, the CHP agrees to provide uniformed personnel with motorcycles and /or patrol vehicles to assist with the
TRAFFIC CONTROL
2. The term of this Agreement will be 11/17/2013 to 12/01/2013
3. The CHP coordinator shall be DEANNA SMITH telephone number (707) 588 -1400
4. In the event of a disaster or unforeseen emergency, this Agreement may be canceled without prior notice by the CHP.
5. ROHNERT PARK DPS agrees, to the extent permitted by law to indemnify the CHP against
and hold the CHP harmless from any and all claims, demands, suits, and actions for personal injury, death, loss, and /or
property damage that may arise out of or in connection with the performance of this Agreement, even though such injury,
death, loss and /or damage to property may be (or may be alleged to be) attributable in part to the active and /or passive
negligence of the CHP and /or its appointees, officers, agents, employees, and servants.
ROHNERT PARK DPS agrees to defend all such claims, demands, suits, and actions
against CHP and /or its appointees, officers, agents, employees, and servants, although the CHP retains the right to
conduct the defense at its own expense. ROI-INERT PARK DPS shall reimburse the CHP
for all expenses including court costs and reasonable attorney fees, incurred by reason of such claims, demands suits,
and actions, or incurred in seeking indemnity or other recovery from ROHNERT PARK DPS
thereunder.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by all parties and
approved as required. No oral understanding or Agreement not incorporated in this Agreement is binding on any of the
parties.
7. When one of the contracting parties is a county, city, district, or other local public body, this Agreement shall be
accompanied by a copy of the resolution, order, motion, or ordinance of the local governing body, which by law provides
the authority to enter into and execution of this Agreement. When performance by the local government entity will be
completed before any payment by the CHP, such as a room rental or a one -time event, a resolution is not required.
8. ROiINERT PARK DPS agrees that additional charges which are directly related to the
services provided, maybe assessed for the CHP supplies, additional equipment utilized, damage to uniforms, or property
repaired or replaced at the CHP's expense.
a
If the CHP uniformed employee has reported to the assigned location and has worked less than four hours,
ROHNERT PARK DPS agrees to pay every assigned uniform employee a minimum of four
hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift.
ROHNERT PARK DPS will not be charged for cancellations made more than 24 hours prior
to the scheduled assignment.
10. ROHNERT PARK DPS agrees that if cancellation is made within 24 hours prior to the
scheduled assignment and the assigned CHP uniformed employee(s) cannot be notified of such cancellation, a minimum
of four hours overtime will be charged for each assigned uniformed employee.
Page 1 of 3 An Internationally Accredited Agency Chp465_1112.pdf
CHP 465 (Rev. 2 -12) OPI 076
11, ROHNERT PARK DPS agrees that if cancellation is made within 24 hours prior to the
scheduled assignment and the CHP employee is notified of such cancellation,
ROHNERT PARK DPS will only be charged a short notice cancellation fee of $50.00 per
assigned CHP uniformed employee.
12. All cancellation notices to the CHP must be made during normal CHP business hours of 8:00 a.m, to 5:00 p.m., Monday
through Friday, excluding legal holidays. Cancellation notices shall only be accepted by the appropriate CHP Division or
Area office.
13. The CHP agrees to make reasonable efforts to notify those CHP uniformed employees of the cancellation.
14. No additional gifts, donation, or gratuities may be accepted by the CHP employees on their behalf or on the behalf of the
Department, informal squad fund(s), or other local fund(s).
15. The hours and miles indicated in this Agreement are for estimate purposes only. Actual time and vehicle mileage will be
charged. This includes travel between the CHP Division /Area command and the service location.
16. The rates indicated in this Agreement are for estimate purposes only. Any increases in overhead, mileage, damaged
uniforms, private -owned safety equipment, salaries, and benefits are governed by collective bargaining agreement and /or
statute. In the event an officer is not available, a sergeant will be assigned to work in the place of the officer, and
ROHNERT PARK DPS will be charged at the current sergeant's pay. In the event of a rate
increase, ROHNERT PARK DPS agrees to pay the increase rate.
17. In consideration for the above services and upon receipt of an itemized invoice,
ROHNERT PARK DPS agrees to reimburse the CHP for the actual costs incurred at the
time services are provided. Rate charged to ROHNERT PARK DPS shall in no event
exceed the actual costs to the CHP to perform the requested services. The following cost information is for estimate
purposes only:
Sergeant:
._._._. _.hrs.
@
$ 92.39
_ $........_...__ ,_.,,_ ................... —_�
Officer:
350.00 hrs.
@
$ 75.97
$ 26,589.50
Vehicle mileage:
_ °miles
@
$ 0.84 ........................_.__�
$
Motorcycle mileage:
1,400 miles
@
$ 1.33
$ 1 862.00
Other expenses:
MC OFFICER $75.97/MC SERGEANT $92.39
$
Total estimated cost:
$ 18,45 1.50
Note: If total estimated cost exceeds $50, 000, a CHP 465 CAN NOT be used. The reimbursable service request must be
initiated on a CHP 78R. Reimbursable Services Contract Request, and forwarded to Business Services Section, Contract
Services Unit; for, processing. (HPM 1!. 4, Chapter 6)
18. Payment/Deposit. A form of advance payment/deposit shall be required before services can be performed. The CHP
command will collect the full amount of the estimate indicated herein for an Agreement 29 days or less. For an Agreement
over 30 days and up to 12 months, 50 percent of the estimate shall be collected.
a. Amount of deposit collected: $
b. Check number /purchase order number:
c. Cash receipt number:
d. Federal Tax Identification Number:
Page 2 of 3 An Internationally Accredited Agency Chp465 1112.pdf
CHP 465 (Rev. 2 -12) OPI 076
WITNESSETH: By and in consideration of the covenants and conditions herein contained,
ROHNERT PARK DPS and the CHIP do hereby agree to the above terms and conditions.
STATE OF CALIFORNIA REQUESTOR'S NAME
Department of California Highway Patrol
Commander Signature Date
G.P. TRACEY
Printed Name
COMMANDER SANTA ROSA AREA
Title
360
Location Code
�r t5$0 p3 tyJ t3LiMYgf fork, U spollcable
_...... _ ..... - -- .., ��,.�._....
Approved as to form by Date
Telephone Number
Page 3 of 3 An Internationally Accredited Agency Chp465_1112.pdf