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HomeMy WebLinkAboutAgr 2019-07-01 (City of Mill Valley Police Services) AGREEMENT FOR POLICE SERVICES r This Agreement is made and entered into this—�—day of --J 2019,by and between the TOWN OF TIBURON (hereinafter "TOWN"), and the CITY OF MILL VALLEY (hereinafter "CITY"). RECITALS WHEREAS,City and Town employ full time Police Sergeants and Police Officers, and the Town employs Police Service Aides (PSA),and the City employs Community Service Officers (CSO); and WHEREAS,City and Town occasionally experience personnel shortages that place an undue burden on staffing in either Police Department;and WHEREAS,the City and the Town can assist each other in maintaining appropriate staffing levels in their respective Police Departments by permitting Sergeants, Officers,PSAs and CSOs from either the City or the Town to perform their duties and exercise authority in either community. AGREEMENT NOW,THEREFORE,the parties hereby agree as follows: 1. PROTECT COORDINATION. The Town Police Chief is hereby designated the PROJECT MANAGER for Town, and the City Police Chief is hereby designated the PROJECT MANAGER for the City and each shall,within their respective jurisdictions,supervise all aspects of the progress and execution of this Agreement as to all police related activity carried out by any Sergeant, Officer, PSA or CSO temporarily assigned from the one jurisdiction to the other. 2. DUTIES OF SERGEANTS OFFICERS PSAs &CSOs. SERGEANTS,OFFICERS,PSAs and CSOs shall perform the duties and/or provide services as follows: customary police services related to enforcement of state and local law, crime prevention, detection and investigation and other public safety activities deemed necessary by the Police Chief of the jurisdiction in which they are assigned and in accordance with the established policies of their respective departments. 3. DUTIES OF TOWN. Town shall pay the compensation as provided in Paragraph 4, and continue to Rev.Date:07/23/19 1 maintain sole and primary responsibility for all aspects of,and all services provided by, the Town Police Department. 4. COMPENSATION. For the full performance of the services described herein by Sergeants,Officers, PSAs and CSOs,the jurisdiction receiving the services will pay to the jurisdiction providing the services an amount equal to the actual additional cost incurred by the providing jurisdiction. Said compensation shall be due the first working day of every month. 5. TERM OF AGREEMENT. The Term of this Agreement shall be from QTOUJhrough Upon mutual agreement of the parties,and subject to the approval of the City Manager and Town Manager,the Term of this Agreement may be extended for additional renewal periods to be determined by both Managers. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party,and the notified party's failure to cure or correct the cause of the termination,to the reasonable satisfaction of the party giving such notice,within such fifteen(15) day time period. C. Effect of Termination. Upon receipt of notice of termination,neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. 7. INDEMNITY. A. Town shall defend, hold harmless and indemnify City, its officers,agents, and/or employees from any and all claims for injuries to persons and/or damage to property which arise out of the performance of this Agreement and which result from the negligent acts or omissions of Town,its officers, agents and/or employees. B. City shall defend,hold harmless and indemnify Town,its officers, agents and/or employees from any and all claims for injuries to persons and/ or damage to property,which arise out of the performance of this Agreement and which result from the negligent acts or omissions of City, its officers, agents, and/ or employees. 2 C. In the event of the concurrent negligence of Town, its officers,agents and/or employees,and City,its officers,agents and/ or employees,then the liability for any and all claims for injuries or damages which arise out of the performance of this Agreement shall be apportioned under California's Theory of Comparative negligence as presently established or may be hereafter modified. 8. INSURANCE. Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements,and shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given,in writing,to City/Town of any pending change in the limits of liability or of any cancellation or modification of the policy. A. Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement,both parties.certify that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake e self-insurance in accordance with the provisions of the Code,and parties will comply with such provisions before commencing the performance of the work of this Agreement. City and Town agree that no employee performing services under this Agreement shall be considered a joint employee of the other agency for purposes of Worker's Compensation, and that each agency shall be solely responsible for providing Worker's Compensation coverage and benefits for its employee or employees. Each Party waives the right to contribution or subrogation for Worker's Compensation benefits from the other Party. B. Liability Insurance. Each party shall maintain general liability coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury,personal injury,and property damage, including without limitation, blanket contractual liability. Each party's general liability coverages shall be endorsed using Insurance Services Office form CG 2010 or its equivalent to provide that the other party and its officers, officials, employees, and agents shall be additional covered parties. 9. NOTICES. 3 All notices and other communications required or permitted to be given under this Agreement shall be in writing and given by personal delivery to the Town Manager or the City Manager. 10. INDEPENDENT CONTRACTOR. For the purposes,and for the duration, of this Agreement, City Police Chief shall act in the capacity of an Independent Contractor for Town, and not as an employee of Town. 11. ENTIRE AGREEMENT--AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference,represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written,regarding the subject matter of this Agreement. C. No other agreement,promise or statement,written or oral,relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Town Manager and the City Manager. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day, month and year first above written. TOWN QF TI RON CITY OF MILL VALLEY d -g GREGHANIS,Town Manager JI MCCANN,City Manager ATTES i LEA STEFAN , Town Clerk KELSEY ROGERS, City Clerk 4 APPROVED AS TO FORM: BENJAMIN L. STOC ,Tiburon Town Attorney GREGORY STEPANI CH,Mill Valley City Attorney s