HomeMy WebLinkAboutAgr 2000-12-01 (Marin County Sheriff's office)
MARIN COUNTY SHERIFF'S OFFICE
350] Civic Center Drive, Roorn 145 , San Rabel, C:-\ 949(n
ROBERT T DOYLE
Sheriff
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December 20, 2000 ARt.\ CODlI I:;;
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Alex D. McIntyre, Town Manger -i l)9- ~ .2 :1 :1
Town of Tiburon
1505 Tiburon Boulevard FA\
Tiburon, CA 94920 '::;O"-'-II.2()
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Dear Mr. McIntyre -ll)l)- -'.2:;;0
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Enclosed you will find a fully execute agreement for Matt Odetto as your Acting Police Chief. If you haye
any questions, please do not hesitate to contact me. ( A ) \1 \ 11 "I U 110"
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Sincerely,
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Robert T. Doyle, Sheriff SLR\'I(I"
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Jim Enge~ Chief of Administrative Services h\l\TI('\TI( 1\\
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AGkEEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this 18t day of December, 2000, by and between
the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter referred
to as the COUNTY) acting by and through the County sheriff: and the TOWN OF TffiURON
(hereinafter referred to as the TOWN).
WITNESSETH:
In consideration of the mutual promises set out below, the TOWN and the COUNTY agree as
follows:
1. SCOPE OF SERVICES, TERM OF AGREEMENT & COMPENSATION. The services
to be performed, the time within which said services are to be performed, the amount of
compensation and the schedule for payment of such compensation shall be as specified in
Exhibit A, attached hereto and by this reference, made a part hereof
2. GENERAL PROVISIONS. The general provisions set forth in Exhibit B, attached hereto
and by this reference, made a part hereof, shall be followed and abided by both parties during
the term of this Agreement.
3. DESIGNATED REPRESENTATIVES. The representative for the COUNTY, and who
shall administer this Agreement on behalf of the COUNTY is Robert Doyle, Marin County
Sheriff The representative for the TOWN who shall administer this Agreement on behalf of
the TOWN is Alex McIntyre, the Town Manager.
4. AGREEMENT DATE. The Agreement date is December 1, 2000.
5. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
here first written.
:~~~
Steve Kinsey Andrew Thompson, May
President, Board of Supervisors
ATTEST:
Clerk~~
APPROVED AS Tq FORM: APPROVED ~ORM:
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f/01WJ. ' ~.
90unty Counsel Ann R Danfl h, Town Attorney
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EXHmIT A
SCOPE OF SERVICES~ TERM OF AGREEMENT & COMPENSATION
A.l SCOPE OF SERVICES AND DUTIES.
For the purpose of performing the duties of Police Chieffor the TOWN, the COUNTY shall assign
to said TOWN a sworn peace officer from the SherifI's Office complement of such officers, whose
rank shall not be lower than that of lieutenant ("Assigned Officer"). As the TOWN's Police Chief,
the Assigned O,fficer shall undertake the following responsibilities:
1) Manage all personnel related activities of the department, including the assignment of
duties and the scheduling of personnel, the recruitment of candidates to fill departmental
vacancies, the evaluation of departmental personnel, and the conduct of any personnel
investigations qs!"equired.
2) F o nnul ate and manage the budget for the Police Department
3) Direct field operations, criminal investigations, and traffic regulations.
4) Assess, develop and implement the Police Department's policies and programs.
5) Assist in the emergency preparedness activities of the TOWN.
6) Monitor the quality of services to the public.
7) Represent the TOWN at all intergovernmental and multi-jurisdictional events and
meetings to which the TOWN is a party.
8) Undertake other duties as assigned by the TOWN Manager that are consistent with those
that might otherwise be assigned to the position of Police Chief.
A.2 TIME SERVICES ARE RENDERED.
The tenn of this Agreement shall be from December 1, 2000 and shall run continuous, providing
however, that either party shall have the right to terminate its obligations under this Agreement
following a 120-day advance written notice thereof to the other.
A.3 SELECTION OF POLICE CHIEF AND MANNER IN WHICH SERVICES ARE TO BE
PERFORMED.
The TOWN has the right to select the Assigned Officer who will serve as its Police Chief. While the
Assigned Officer shall remain an employee of the COUNTY, the TOWN shall have the right to direct
and control the manner of the Assigned Officer's performance of the duties of Police chief.
A.4 PAYMENT FOR SERVICES.
The TOWN agrees to pay to the COUNTY a sum equal to the annual salary, plus 5% (including
educational incentive) the annual pension benefits, the annual uniform allowance, and the annual
health, dental, life insurance and long term disability benefits budgeted by the COUNTY each fiscal
year for the position held by the Assigned Officer. At this time, the amount is calculated at
$112,800.00 but is subject to salary and benefit increases which the Assigned Officer receives. The
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TOWN further agrees that commencing on or about December 1, 2000, it shall remit to the
COUNTY during the first week of each month one-twelfth of the calculated annual sum identified
above. The remittance shall be in accordance with and invoice to be provided to the TOWN AND
COUNTY.
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EXHIBIT B
GENERAL PROVISIONS
B.!. The COUNTY shall ensure that the Assigned Officer provided to the TOWN possess a
valid California Driver's License.
B.2. The TOWN shall be responsible for the actions of the Assigned Officer that the COUNTY
provides to fill the TOWN's Police Chief position. The TOWN agrees to indemnify,
, defend, and hold the COUNTY harmless from all lawsuits, claims, and other legal actions
involving the Assigned Officer which might arise while he/she is acting under the authority
of the TOWN, except to the extent that such claims are the COUNTY's responsibility
under Section B.6.
B.3. If any tt:ITll, covenant, conditiori' or provision of this Agreement is held by a Court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision
and/or provisions shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
B.4. Unless otherwise expressly waived in writing by the parties hereto, any action brought to
enforce any of the provisions hereof or for declaratory relief hereunder shall be filed and
remain in a Court of competent jurisdiction in the County of Marin, State of California.
B.5 Notwithstanding any term or condition of the Agreement, the provisions, and related
provision, of the California Tort Claims Act, Division 3.6 of the Government Code, are
not waived by COUNTY and shall apply to any claim against COUNTY arising out of any
acts or conduct under the terms and conditions of this Agreement.
B.6. In the event that the Assigned Officer becomes injured in the course and scope of his
duties for the TOWN and should such officer apply and be entitled to benefits under Labor
Code Section 4850 for a disability caused by such injury, then TOWN shall be responsible
for all costs of the aforementioned benefits. In all other cases, should the officer apple for
, and be entitled to benefits under Labor Code Section 4850, the COUNTY shall be
responsible for payment of the aforementioned benefits. I
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