HomeMy WebLinkAboutContracts & Agreements_197-2005_CCv0001.pdf MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF REDLANDS AND
THE UNIVERSITY OF REDLANDS
This Memorandum of Understanding is made and entered into this 18th day of October,2005
(the"Effective Date")by and between the City of Redlands("City")and the University of Redlands
("University") who are sometimes individually referred to herein as a"Party," and collectively, as
the"Parties."
RECITALS
WHEREAS, the University has requested that the City enter into a Memorandum of
Understanding pursuant to the provisions of Penal Code Section 830.7(b)to allow the University's
Public Safety Officers to exercise the powers of arrest during the course and scope of their
employment; and
WHEREAS,the University represents that its persons who are regularly employed as Public
Safety Officers have satisfied the requirements of Penal Code sections 830.7 and 832 with respect
to entering into this Memorandum of Understanding; and
WHEREAS, the Chief of Police of the City concurs with, and consents to, the City's entry
into this Memorandum of Understanding;
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the City of Redlands and the University of Redlands agree as follows:
AGREEMENT
1. Officers of the University are hereby authorized by this Memorandum of
Understanding and the provisions of Penal Code section 830.7 to exercise the powers of arrest
specified in Penal Code section 836.
2. The foregoing authorization shall only apply to persons who have received a course
of instruction in the exercise of such powers pursuant to Penal Code section 832. Further, such
powers shall only be exercised by such person in the course and scope of their employment with the
Department of Public Safety of the University. In order to exercise the powers of arrest of a peace
officer, as specified in California Penal Code Section 836, Public Safety Officers shall fulfill all of
the following requirements:
A. Meet the minimum standards of training prescribed by the California Commission on
Peace Office Standard and Training as set forth in California Penal Code Section 832;
B. Meet further reasonable qualifications for employment deemed necessary by the Chief
of Department of Public Safety of the University;
C. Be employed by the University as a Public Safety Officer,Sergeant,Lieutenant,Captain
i)WAgreemendsRl OU.University of Redlan,3s I
or Chief; and
D. Be included on a roster of those Public Safety personnel authorized by the University's
Chief of Public Safety to make arrests in the circumstances specified in California
Penal Code Section 836.
3. The authorization provided by the Memorandum of Understanding shall not make, or
be construed to make, any employees of the Department of Public Safety of the University peace
officers, employees or representatives of the Chief of Police of the City, the Redlands Police
Department, or of the City.
4. Either party may terminate this Memorandum of Understanding at any time by giving
fourteen (14) days prior written notice of termination to the other Party.
S. The University shall be fully responsible for all actions of its employees and to that end
shall indemnify,defend and hold harmless the Chief of Police of the City of Redlands,the City,and
all elected officials,officers and employees of the City from any and all claims,lawsuits and liability
for all negligent acts and omissions, or alleged negligent acts and omissions, of its employees.
6. The University's Department of Public Safety shall cooperate with the City and its
Police Department in any investigations relating to actions pursuant to the authority provided by this
Memorandum of Understanding.
7. Officers of the Department of Public Safety of the University shall be authorized to
exercise the powers of arrest of a peace officer only while they are on duty with the University's
Department of Public Safety and performing"authorized assignments." Authorized assignments are
herein defined as the enforcement of all parking regulations on all properties and facilities owned,
operated and/or controlled by the University,within the City,and in accordance with the policies and
procedures of the Department of Public Safety of the University.
8. It is intended that this Memorandum of Understanding assist the University in collecting
on University parking tickets which have been issued solely by the University's Public Safety
Officers to violators utilizing University property. The collection process will be done by the
University for all parking tickets paid within the first 21 days of their issuance. The University shall
submit all parking tickets not paid within 21 days of their issuance to the City. The City will there
be responsible for the collection of such tickets and shall be entitled to retain all proceeds from the
collection thereof.
9. The University shall be responsible for the reporting of criminal activities occurring on
campus and shall fulfill the following:
A. Maintain a daily occurrence report of all police and enforcement related activities;
B. All reports, records and files of enforcement activities of the Department of Public
Safety shall be maintained indefinitely;
DWAgmententsliNOU.University of Redlands 2
C. All reports, records and files of enforcement activities of the Department of Public
Safety shall be open for inspection to designated members of the City's Police
Department; and
D. The Department of Public Safety, shall maintain a roster of all Public Safety personnel
authorized,by the Chief of Public Safety to make arrests in the circumstances specified
in California Penal Code Section 836. A copy of the roster shall be forwarded to the
City's Chief of Police, within 24 hours after any changes.
10. The City's Police Department shall be notified and investigate all violent crimes on the
University's property within the City as required by law.
11. In the event any action is commenced to enforce or interpret the terms or conditions of
this Memorandum of Understanding,the prevailing party in such action shall be entitled to recover,
in addition to its costs and other relief, its reasonable attorneys' fees, including fees for in-house
counsel of the respective Parties at rates prevailing in San Bernardino County, California.
12. This Memorandum of Understanding represents the entire agreement of the Parties
hereto as to the matters contained herein,and any prior negotiations,verbal and written agreements
with regard to the subject matter hereof between the City and the University are superseded by this
Memorandum of Understanding. Any amendment to this Memorandum of Understanding shall be
in writing,,a ed by City and s' ned by City and University.
Date._ October 18. 2005
(Y bei.-to r;. , Abypr Paco Tem
City of Redlands
A FES 1.
Beatrice' Sanchez, Deputy Cit Clerk
Date October 18, 2005
(:�)Zes R. Bueerxnann
Chief of Police
Date
Stuart Dorsey, President
University of Redlands
D)M'Apecinents',MOLI.Un versity of Redlands 3
Agreement - Right-of-Way Improvements - On motion of Councilmember
Harrison, seconded by Councilmember George, the City Council approved, by
AYE votes of all present, an agreement for design and construction of public
right-of-way improvements with Mountainview Power Company, LLC and
authorized the Mayor Pro Tem to execute, and the Deputy City Clerk to attest
to, the document on behalf of the City.
Independent Contractor Agreement - Eileen Vance - On motion of
Councilmember George, seconded by Councilmember Harrison, the City
Council approved, by AYE votes of all present, an independent contractor
agreement with Eileen Vance for craft classes and authorized the Mayor Pro
Tem to execute, and the Deputy City Clerk to attest to, the document on behalf
of the City.
Funds - COPS Grant - On motion of Councilmember Harrison, seconded by
Councilmember George, the City Council accepted the United State Department
of Justice COPS 2005 Technology grant and authorized an additional
appropriation in the amount of $739,982.00 to replace the computer-aided
dispatch and records management software,by AYE votes of all present.
Funds Agreement - School Crossing Guards - On motion of Councilmember
Harrison, seconded by Councilmember George, the City Council approved, by
AYE votes of all present, an addendum to the current agreement with All-City
Management for crossing guard services to add one crossing guard at E. M.
Cope Middle School, authorized the Mayor Pro Tem to execute, and the Deputy
City Clerk to attest to, the document on behalf of the City, and approved, by
AYE votes of all present, an additional appropriation in the amount of
$7,932.00.
MOU - University of Redlands - On motion of Councilmember Harrison,
seconded by Councilmember George, the City Council approved, by AYE
votes of all present a memorandum of understanding with the University of
Redlands allowing the University of Redlands Department of Public Safety
Officers to exercise powers of arrest during the course of their employment.
Bid Award - Networking Equipment - On motion of Councilmember Harrison,
seconded by Councilmember George, the City Council approved, by AYE votes
of all present, award of a bid for the purchase of Cisco networking equipment to
Federal Network Services, Inc. for an amount not to exceed $70,978.80.
Pre-Disaster Mitigation Grant Application - Detention Basin - On motion of
Councilmember Gilbreath, seconded by Councilmember Harrison, the City
Council authorized, by AYE votes of all present, staff to apply for 2006 Pre-
Disaster Mitigation Grant funding for the acquisition of a 38-acre parcel of land
October 18,2005
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