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HomeMy WebLinkAboutAgr 2015-10-19 (City of Belvedere)Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 E 415.435.2438 • www.ci.riburon.ca.us Office of the Town Clerk / 415.435.7377 November 19, 2015 By email and US Mail Mary Neilan, City Manager City of Belvedere 450 San Rafael Avenue Belvedere, CA 94920 SUBJECT: Amended and Restated Agreement for Police Department Administrative Services Dear Mary, Enclosed are two copies of the above agreement for your signature, attest by City Clerk Foulis, and approval to form by your City Attorney. Please date and sign both copies of the agreement and return one fully executed copy to us for our files. Thank you for your cooperation in this matter. Very truly y•urs, Diane Crane Idcopi Town Clerk Enclosures Cc: Town Manager Curran Frank X. Doyle Mayor Erin Tollini Vice Mayor Jim Fraser Councilmember Alice Fredericks Councilmember Emmett O'Donnell Councilmember Margaret A. Curran Town Manager AMENDED AND RESTATED AGREEMENT FOR POLICE DEPARTMENT ADMINISTRATIVE SERVICES This Agreement is made and entered into this day of , 2015, by and between the TOWN OF TIBURON (hereinafter "TOWN"), and the CITY OF BELVEDERE (hereinafter "CITY"). RECITALS WHEREAS, City employs a Police Chief ("City Chief") in a full time, FLSA exempt position; and WHEREAS, Town has a need for supervisor -level administrative assistance in its Police Department; and WHEREAS, City Chief can efficiently assist Town with administrative services similar in nature to services that City Chief routinely performs for City, without affecting the services that City Chief performs for City. 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 said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 2. DUTIES OF CITY CHIEF. CITY CHIEF shall perform the duties and/or provide services as follows: Review Police reports and other communications; oversee officer training and other scheduling; assist with managing patrol operations; occasionally represent Town at countywide meetings and other regional activities and assume the role of Town Police Chief in the absence of the Town Police Chief. 3. DUTIES OF TOWN. Town shall pay the compensation as provided in Paragraph 4, and continue to maintain sole and primary responsibility for all aspects of, and all services provided by, the Town Police Department. Rev. Date: 10/19/15 1 4. COMPENSATION. For the full performance of the services described herein by City Chief, Town will pay City a monthly payment of fifty percent (50%) of the total amount of City Chief's monthly costs, as set forth in Exhibit "A" ("Monthly Costs). Said compensation shall be due the first working day of every month. 5. TERM OF AGREEMENT. The Term of this Agreement shall be from October 1, 2015 through June 30, 2016. 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 additonal 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. HOLD HAMRLESS. 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 terms and conditions of this Agreement and which result from the negligent acts or omissions of Town, its officers, agents and/ or employees. In addition, 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 caused by or alleged to be caused by Town, its officers, agents and/or employees and which occurred prior to the effective date of this Agreement. 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 2 property, which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of City, its officers, agents, and/ or employees. 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 terms and conditions 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, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to City 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. B. Liability Insurance. Town and City shall secure and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance for services covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Town's and City's operations under this Agreement, whether such operations be by himself / herself or by any sub -contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page. 9. INDEMNIFICATION. Town shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees 3 and volunteers, from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation arising out of City Chief's performance of the services under this Agreement. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 9. NOTICES. 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. 4 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 OF TIBURON CITY OF BELVEDERE MARGAI T A. CURRAN, Town Manager MARY NEILAN, City Manager A l 1'EST: 2 e GG DIANE IA`COPI, Town Clerk ALLISON FOULIS, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Belvedere City Attorney BENJAMIN L. STOCK, Tiburon Town Attorney 5 EXHIBIT "A" Belvedere Police Chief Monthly Costs (as of October 2015) Salary $12,310 Pension (employer share) 1,796 Medical Benefit (in lieu) 250 Dental Premium 166 Life Insurance 20 LTD 35 Deferred Compensation 150 P.O.S.T. Advanced 616 Uniform 77 Medicare (employer share) 192 Total $15,611 Tiburon Share 50% $7,805