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HomeMy WebLinkAboutContracts & Agreements_37-2002_CCv0001.pdf 44. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE UNIVERSITY OF REDLANDS This Memorandum of Understanding between the City of Redlands and the University of Redlands is made this 19th day of March, 2002. WHEREAS, the University of Redlands has requested that the City of Redlands enter into a Memorandum ofUnderstanding pursuant to the provisions ofPenal Code Section 830.7(b)to allow Campus Security Officers to exercise the powers of arrest during the course and scope of their employment; and WHEREAS, the University of Redlands represents that its persons regularly employed as Campus Security Officers have satisfied the requirements ofPenal Code Sections 830.7 and 832 with respect to entering into this Memorandum of Understanding; and WHEREAS, the University of Redlands and the City of Redlands desire to set forth the duties and obligations of Campus Security Officers; NOW, THEREFORE, THE UNIVERSITY OF REDLANDS AND THE CITY OF REDLANDS AGREE AS FOLLOWS: Section 1. Parties This Memorandum of Understanding is entered into by and between the City of Redlands and the University of Redlands and supersedes the provisions of those Memoranda of Understandings entered into on March 19, 1996, July 7, 1998 and February 16, 1999. Section 2. Provisions of Law and Separability The parties agree that this Memorandum of Understanding is subject to all current and future applicable Federal,State and Local Laws,and all lawful rules and regulations ofthe City- ofRedlands and University of Redlands. If any section,part or-provision of this Memorandum is in conflict or inconsistent with such applicable provisions of Federal,State or Local Laws and all lawful rules and regulations of the City of Redlands and University of Redlands, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such section, part or provision shall be suspended and superseded by such applicable law, or regulations, and the remainder of this Memorandum shall not be affected thereby. Section 3. Qualifications and Training Standards Officers of the University of Redlands Security Department who are regularly employed as L,ca'uljrmAgreenwnts15079 TJTofR-wN I Campus Security Officers for such Department 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. 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 in the course and scope of employment with the Campus Security Department of the University of Redlands. In order to exercise the powers of arrest of a peace officer,as specified in California Penal Code Section 836,Campus 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 Campus Safety, University of Redlands; C. Be employed by the Department of Campus Safety,University ofRedlands as a Campus Safety Officer, Sergeant, Lieutenant, Captain or Chief, and D. Be included on a roster of those Campus Safety personnel authorized by the Chief of Campus Safety,University of Redlands,to make arrests in the circumstances specified in California Penal Code Section 836. Section 4. Limitations ofAuthority Officers of the Department of Campus Safety, University of Redlands, shall be authorized to exercise the powers of arrest of a peace officer only while they are on duty with the Department of Campus Safety,University of Redlands 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 University of Redlands,within the City of Redlands, and in accordance with the policies and procedures of the Department of Campus Safety. Section 5. Parking Violations It is intended that this Memorandum of Understanding assist University of Redlands in collecting on University parking tickets which have been issued solely by University of Redlands Campus Safety Officers to violators utilizing University property. The collection process will be done by University of Redlands for all parking tickets paid within the first 21 days of their issuance. University of Redlands shall submit all parking tickets not paid within 21 days of their issuance to the City ofRedlands. The City ofRedlands will then be responsible for the collection of such tickets and shall be entitled to retain all proceeds from the collection thereof. F%ca\djrwALree=nts\5079 UofR.wpd 2 Section 6. Reports. Records and Inspections The Department of Campus Safety, University of Redlands shall be responsible for the reporting of criminal activities occurring on campus and 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 by the Department of Campus Safety,University of Redlands shall be maintained indefinitely; C. All reports, records and files of enforcement activities by the Department of Campus Safety,University of Redlands shall be open for inspection to designated members of the Redlands Police Department; and D. The Department of Campus Safety, University of Redlands, shall maintain a roster of all Campus Safety personnel authorized,by the Chief of Campus Safety,to make arrests in the circumstances specified in California Penal Code Section 836. A copy of the roster shall be forwarded to the Chief of Police, City of Redlands,within 24 hours after any changes. Section 7. Notification of Redlands Police Department The Redlands Police Department shall be notified and investigate all violent crimes on the University of Redlands property within the City of Redlands as per Education Code section 67381. Section 8. Written Notices Written notices to the City of Redlands shall be sent by registered or certified mail,postage prepaid and addressed to said party at PO Box 3005, Redlands, California, Written notices to University of Redlands shall be sent by registered or certified mail postage prepaid and addressed to said party at 1200 E. Colton Avenue, Redlands, California, 92374 or to such other addressee as designated by University of Redlands. Notwithstanding the foregoing,all notices may be delivered personally to the City of Redlands or University of Redlands. Section 9. Hold Harmless. The University of Redlands 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 of Redlands, and all officers and employees of the City from any and all claims, lawsuits, or liability for all acts or alleged acts of its employees. L\ca\djnf\AUeen=&\5079 UoMwN 3 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized officers as set forth here-in below. CITY OF REDLANDS UNIVERSITY OF REDLANDS Mayor President ATTEST: City Ierk L',�a.djaf,Agwenvn&,5079 UofR.wpd 4 May 30,2002 ?Q: Clete Hyman, Deputy Police Chief Scdyea-: MOU with University of Redlands Attached is a copy of the Memorandum of Understanding between the City of Redlands and the University of Redlands implementing a parking ticket collection program approved March 19, 2002. As my notes on the document indicate, two originals were forwarded to Bill Cranfill about March 20th by Linda Emmerson. During a "document collector" contact with Bill, he stated the agreement was being rewritten at the request of the University's attorney and would be presented to Council again. To date, there's been no further contact. In an effort to maintain an accurate file of Council-approved documents, I will file the attached "copy" in the permanent record. Please contact me if for some reason the University sent you the original. Thanks.