HomeMy WebLinkAboutAgr 2020-10-01 (Special investigative unit)AGREEMENT BETWEEN THE TIBURON POLICE DEPARTMENT and the MARIN COUNTY
SHERIFF'S OFFICE FOR PARTICIPATION IN THE SPECIALIZED INVESTIGATIVE UNIT
This Agreement is made and entered into this 1st day of October, 2020 (the "Effective
Date"), by and between the TIBURON POLICE DEP AR1MENT (hereinafter ""TPD" and the
MARIN COUNTY SHERIFF'S OFFICE (hereinafter "SHERIFF'S OFFICE") regarding the shared
services of the Specialized Investigative Unit.
RECITALS
1. The SHERIFF'S OFFICE has established a Specialized Investigative Unit (SIU) comprised
of one (1) SHERIFF'S OFFICE sergeant, three (3) SHERIFF'S OFFICE detectives, one (1)
CALIFORNIA IDGHW AY PATROL (CHP) OFFICER and one (1) CENTRAL MARIN
POLICE AUTHORITY (CMP A) detective.
2. UNIT DESCRIPTION: The Specialized Investigative Unit (SIU), working under
the command of the Sheriff's Investigations Lieutenant, will take a proactive
approach to investigate narcotics related criminal activity and violent or major
crimes, and other habitual criminal matters impacting the jurisdictions of the
agencies represented in the SIU. The SIU will assist all participating agencies
with criminal investigations requiring the specialized skills of SIU personnel. SIU
personnel will primarily work in an undercover capacity and will be highly
mobile to work within or outside of the county of Marin.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
TPD and the SHERIFF'S OFFICE hereby agree as follows:
1. FUNDING
A. For FY 2020-2021, TPD will pay $36,851 (minus $9,212.75 which has already been
paid to the JP A formally known as the Marin County Major Crimes Task Force) for
the following services provided by the Specialized Investigative Unit:
1. The Specialized Investigative Unit will proactively investigate narcotics
related criminal activity, violent crime, and any/ all major crimes occurring within
the Town of Tiburon.
2. Specialized Investigative Unit detectives will be available to offer advice
and expertise to Tiburon Police Department Officers twenty four hours a day,
seven days a week.
3. When requested by Tiburon Police, the Specialized Investigative Unit will
work collaboratively with TPD staff, or assume the investigation of criminal
offenses that have occurred within the Town of Tiburon. Acceptance of an existing
criminal investigation, and the investigative priorities of the Specialized
Investigative Unit, will ultimately be determined by the Sheriff or his designee.
B. TPD will remit payment to the SHERIFF'S OFFICE for the above services under
this Agreement for future fiscal years no later than June 30 of each year.
C. Funding for future fiscal years will be determined by written agreement between
TPD and SHERIFF'S OFFICE.
D. In the event that this Agreement expires or is terminated under Section 3, no
portion of any funding already made by TPD shall be owed, be repayable, or
refunded to TPD.
2. TERM OF AGREEMENT.
The Term of this Agreement shall begin on the Effective Date and will be in effect
until either party terminates pursuant to Section 3 of this Agreement.
3. TERMINATION.
A. Either party may terminate this Agreement without cause upon thirty (30) days
written notice mailed or personally delivered to the other party.
B. 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
party1s 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. 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 party.
4. INDEI\1NI1Y.
A. TPD shall defend, hold harmless, and indemnify the SHERIFF'S OFFICE, its
elected and appointed officials, 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 TPD, its officers, agents and/ or employees.
B. The SHERIFF'S OFFICE shall defend, hold harmless, and indemnify TPD, its
elected and appointed officials, 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 the SHERIFF'S OFFICE, its officers, agents, and/ or employees.
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C. In the event of the concurrent negligence of 1PD, its officers, agents and/ or
employees and the SHERIFF'S OFFICE, 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 California1s
Theory of Comparative negligence as presently established or may be hereafter
modified.
D. The provisions of this section shall survive the termination of this Agreement.
5. NOTICES.
A. All notices required under this Agreement shall be in writing and shall be
delivered by personal delivery, by first class mail, postage prepaid, or by email
transmission addressed as follows:
SHERIFF'S OFFICE: Marin County Sheriff's Office
1600 Los Gamos Drive #200
San Rafael, CA 94903
1PD:
Attn: Robert T. Doyle, Sheriff-Coroner
Email: s_doyle@marinsheriff.org
Tiburon Police Department
1155 Tiburon Blvd
Tiburon, CA 94920
Attn: Jamie Scardina, Interim Chief of Police
Email: jscardina@tiburonpd.org
B. Notice by personal delivery shall be deemed given as of the date of personal
service. Notice by first class mail shall be deemed given as of the third day after
it was deposited with the United States Postal Service. Notice by email
transmission shall be deemed given upon verification of receipt if received
before 5:00 p.m. on a regular business day or else on the next business day.
6. INDEPENDENT CONTRACTOR
It is understood that this Agreement is solely for the benefit of the parties hereto
and gives no right to any other party. No joint venture, agent-principal
relationship, or partnership is formed as a result of this Agreement. No employees
or agents of one party or any its contractors or subcontractors shall be deemed, or
represent themselves to be, employees of the other party.
7. MISCELLANEOUS
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A. VENUE, ATTORNEYS' FEES.
i. Any suit or action initiated by either party shall be brought in Marin
County, California. In the event any party incurs attorneys' fees,
costs, or other legal expenses to enforce provisions of this Agreement
against the other party, all such fees, costs, and expenses shall be
recoverable by the prevailing party.
B. DOCUMENTS.
During the progress of work on any project or service as described in this
Agreement, all records, documents, materials of evidence, and communications
related to each project or service provided under the Agreement, and any
subsequent amendments shall be provided to and kept by the SHERIFF' s OFFICE
for whom the service is provided.
C. ENTIRE AGREEMENT -AMENDMENTS.
i. The terms and conditions of this Agreement represent the entire
Agreement of the parties with respect to the subject matter of this
Agreement.
ii. This written Agreement shall supersede any and all prior
agreements, oral or written, regarding the subject matter of this
Agreement.
iii. 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. SEVERABILITY.
If any provisions of this Agreement are held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby if such
remainder would continue to serve the purposes and objectives originally
contemplated by the parties.
E. REMEDIES, CHOICE OF LAW.
No remedy or election exercised hereunder shall be deemed exclusive but shall be
cumulative with all other remedies at law or in equity. This Agreement shall be
governed by the laws of the State of California.
F. FORCE MAJEURE.
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Any provision, delay, or stoppage which is due to strikes, labor disputes, inability
to obtain labor, materials, equipment or reasonable substitutes therefor, acts of
God, governmental restrictions or requisitions or controls, judicial orders, enemy or
hostile government actions, civil commotion, fire or other casualty, epidemics or
pandemics, gubernatorial orders, orders of the County Health Officer, or other
causes beyond reasonable control of the party obligated to perform hereunder,
shall excuse performance by such party for a period equal to the duration of such
prevention, delay, or stoppage.
G. MEDIATION.
Should any dispute arise out of this Agreement, the parties shall meet in mediation
and attempt to reach a resolution with the assistance of a mutually acceptable
mediator. Neither party shall be permitted to file legal action without first meeting
in mediation and making a good faith attempt to reach a mediated resolution. The
costs of the mediator, if any, shall be paid equally by the parties. If a mediated
settlement is reached, neither party shall be deemed the prevailing party for
purposes of the settlement and each party shall bear its own legal costs.
BINDING AUTHORITY OF SIGNATORIES
Each of the signatories below represents and warrants that he/ she possesses full legal
authority to contract for and legally bind his/her respective public entity to this
Agreement and all its terms/ provisions.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
County of Marin
KATIE RICE, President
Board of Supervisors
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Tiburon Town Manager
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APPROVED AS TO FORM:
Marin County Sheriff's Office Tiburon Police Deparbnent
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Robert T. Doyle, Sheriff-Coroner
BENJAMIN STOCK, Tiburon Counsel
Counsel
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