HomeMy WebLinkAbout1989-09-26; City Council; 10268; Hold Harmless Agreement California Highway Patrolz
0
~
...I
0 z ::,
0
0
cr:-v OF CARLSBAD -AGF.N' -'l BILL
AB# Id. ia ~ r
7 /. MTG. 9. .u. /pj ) I
DEPT. POL
~ AUTHORIZE EXECUTION OF INDEMNI1Y
AND HOLD HARMLESS AGREEMENT AND
RELEASE IN FAVOR OF CALIFORNIA
!DEPT. HD.{(. f
CITY ATTY:1f/i
CITYMG~
RECOMMENDED ACTION:
Carlsbad Police Department Traffic Division is responsible for the enforcement
of vehicle code regulations pertaining to commercial vehicles.
Traffic officers will be attending an 80-hour commercial enforcement training
course prior to being assigned commercial enforcement duties. This training
is the standard training for enforcement of commercial vehicle laws and is
available only through Califorr:.ia Highway Patrol.
The hold harmless agreement (Exhibit 1) is required of all school participants.
The City Attorney's office has reviewed the agreement.
FISCAL IMPACT:
It will cost approximately $650 for the Commercial Enforcement School.
Funds are available in the police department training budget. The school is
POST approved and reimburseable.
EXHIBITS:
1. Resolution No. Yf-J1-~ •
2. Hold Harmless Agreement
I
_,
---...---,
l
2
3
4
5
6
7
8
II
RESOLUTION NO. 89-340
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
AGREEMENTS BETWEEN THE POLICE
DEPARTMENT OF THE CITY OF CARLSBAD AND
THE STATE OF CALIFORNIA, DEPARTMENT OF
CALIFORNIA HIGHWAY PATROL
WHEREAS, the State of California, Department of California
Highway Patrol requires written training agreements from any
9
10 agency participating in their training programs; and
ll WHEREAS, the Police Department of the City of Carlsbad
12
I
desires from time to time to participate in certain training 13
14 programs sponsored and administered by the department of
15 California Highway Patrol.
16
17 NOW, THEREFORE BE IT RESOLVED by the Carlsbad City Council
18 that the Chief c,f Police or Designee is hereby authorized and
19 directed to sign such training agreements.
20
/Ill
21
22 I I II
23 I I II
24
I I II
25
26 I I II
27 I I II
28
I I II
./
.)_
l
2
:3
4
5
6
7
8
9
I 10
I
I 11
I 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED by the City Council of City of Carlsbad
at a regular meeting held on the
1989, by the following vote:
27th day of September
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
ATTEST:
L~ ./. Q a ~-dh;.;bMk=,
ALETHA L. RAUTENKRANZ, City Clerk\
DEPT. OF CALIFORNIA HIGHWAY PATROL
TRAINING AGREEMENT
#0104-89/90
FI
THIS AGREEMENT, made and entered into this 8th day of August,
1989, between the State of California, acting by and through the
Department of California Highway Patrol, hereinafter called CHP,
and City of Carlsbad, hereinafter called CITY.
WITNESSETH: By and in consideration of the covenants and
conditions herein contained, the CHP and the CITY do hereby agree
as follows:
1. CHP agrees to allow CITY trainee(s) to attend training
classes during the following period(s):
Commerical Enforcement Training Class
October 16 -27, 1989
2. Training shall be condu~led at the following location:
Burbank Holiday Inn
Conference Room
150 E. Angelino Ave.
Burbank, CA 91502
3. In consideration for the instruction and facilities
provided, CITY agrees 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 CHP is granted a rate
increase, CITY agrees to pay increased rates.
5. CITY agrees to indemnify, defend, and save hannless the
State of California, the CHP, its officers, agents and
employees, from and against any and all claims and
demands whatsoever resulting from the CITY'S negligence
or omissions in connection with the physical facility or
other acts related to this agreement.
Commercial Enforcement Training Agreement #0104-89/90
Page 2
6. CITY shall be responsible for paying any cost incurred
by CHP for facility damage caused by the willful or
maliciou~ misconduct of CITY 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 is on file with CHP.
8. This agreement may be amended by mutual consent of the
parties hereto.
9. Notices and communications hereunder shall be sent to the
addresses appearing below the signatures.
STATE OF CALIFORNIA
California Highway Patrol
BY _______________ _
Administrative Services Officer
California Highway Patrol
Accounting Section
P. o. Box 942898
Sacramento, CA 94298-0001
CITY OF CARLSBAD
BY _____________ _
Signature & Title
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92008
Attn: Sgt. Dale L. Stockton
Exempt from Department of General Servicas approval in accordance
with Section 1206 of the state Administra· .ve Manual.
PCA 80016
SOURCE 991936