HomeMy WebLinkAboutContracts & Agreements_101-2002_CCv0001.pdf -Be 0�-
C)tfice o>f Administrative se ice.
June 25, 2002
Mr. Daniel J. McHugh, Esq.
City Attorney
Office of the City Attorney
City of Redlands
P.O. Box 3005 f
Redlands, CA 92373-1505
Re: Revised Memorandum of Understanding("MOU") Between the University of
Redlands ("University") and the City of Redlands
Dear Dan:
Per our conversation on Monday, June 24, 2002, I am forwarding a signed MOU by University
of Redlands' President James Appleton to you for final approval by the City of Redlands City
Council.
Once approved by the City Council, we would like a signed copy of the MOU for our records.
If you have any questions or need any additional information,please contact me at
909.335.5250, fax 909.335.5252, and email cors nomura( redlands edu.
Thank you for your assistance!
Very truly yours,
A
-AZ AV
Cory R. Nomura
Director, Administrative Services . [J",
0
Attachment '
Cc: P. Doolittle
1200 FastColton venin�I'C�). Bo, 3080 Redlands CA 92373-0999 Tele 909-335-52io Fax.909-335-525'
REVISED
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 2nd day of July , 2002.
WHEREAS, the University of Redlands has requested that the City of
Redlands enter into a Memorandum of Understanding pursuant to the
provisions of California Penal Code Section 830.7(b) to allow Public Safety
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 Public Safety Officers have satisfied the requirements of
California Penal 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 Public Safety Officers;
NOW, THEREFORE, THE UNIVERSITY OF REDLANDS AND THE CITY
OF REDLANDS AGREE AS FOLLOWS:
Section 2. 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 of the City of Redlands 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
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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 Public Safety Department who are
regularly employed as Public Safety Officers for such Department are hereby
authorized by this Memorandum of Understanding and the provisions of
California Penal Code Section 830.7 to exercise the powers of arrest specified in
California 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 California Penal Code Section 832. Further, such
powers shall only be exercised in the course and scope of employment with the
Public Safety 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, 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 Director of Public Safety, University of Redlands;
C. Be employed by the Department of Public Safety, University of
Redlands as a Public Safety Officer, Sergeant, Associate Director, or
Director; and
D. Be included on a roster of those Public Safety personnel authorized
by the Director of Public Safety, University of Redlands, to make
arrests in the circumstances specified in California Penal Code
Section 836.
Section 4. Limitations of Authority
Officers of the Department of Public 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 Public Safety, University of Redlands.
Section S. Parking Violations
It is intended that this Memorandum of Understanding assist University
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of Redlands in collecting on University parking tickets which have been issued
solely by University of Redlands to violators utilizing University property. The
collection process will be done by University of Redlands for all parking tickets
paid within the first 90 days of their issuance. University of Redlands shall
submit all parking tickets not paid within 90 days of their issuance to the City
of Redlands. The City of Redlands will then be responsible for the collection of
such tickets and shall be entitled to retain all proceeds in excess of the original
parking ticket fee issued by the University of Redlands. The City of Redlands
shall pay all original parking ticket fees collected for all parking tickets to the
University of Redlands each 90 days.
Section 6. Reports, Records and Inspections
The Department of Public 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 Public Safety, University of Redlands shall be
maintained indefinitely;
C. When consistent with the privacy rights of students, employees and
visitors, all reports, records and files of enforcement activities by the
Department of Public Safety, University of Redlands shall be open for
inspection to designated members of the Redlands Police
Department; and
D. The Department of Public Safety, University of Redlands, shall
maintain a roster of all Public Safety personnel authorized, by the
Director 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 Chief of Police, City of Redlands, within 24
hours after any changes.
Section T. 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 6'7381.
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Section S. 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 P. O. 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
Phillip L. Doolittle, Vice-President, Finance &, Administration, 1200 E. Colton
Avenue, Redlands, California, 92373-0999 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. Mutual Indemnification.
A. City shall defend, indemnify and hold harmless University, and its
trustees, officials, officers and employees, from and against any and all claims,
lawsuits, causes of action, losses, damages and liability including, but not
limited to, claims arising from injuries or damages to persons or property,
including wrongful death and the award of costs and attorneys' fees
(collectively "Claims") arising out of or resulting from any acts or omissions of
City pursuant to this Memorandum of Understanding. The defense, indemnity
and hold harmless obligations described herein shall not, however, apply to
any Claims which result from the sole negligence or willful misconduct of
University or University's trustees, officials, officers, employees or agents.
B. University shall defend, indemnity and hold harmless City, and its
elected officials, officers and employees, from and against any and all Claims
arising out of or resulting from any acts or omissions of University pursuant to
this Memorandum of Understanding. The defense, indemnity and hold
harmless obligations described herein shall not, however, apply to any Claims
which result from the sole negligence or willful misconduct of City, or City's
officials, officers, employees or agents.
C. Notwithstanding Paragraphs 9. A. and B. above, Claims for which
there is no obligation to "defend, indemnify and hold harmless" are those under
workers compensation of the particular employer; and those of the elected
officials, trustees, officers, employees and agents of the party against whom the
Claim is made.
D. "Acts or omissions" of City of University are those of their elected
officials, trustees, officers, employees and agents.
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Section 10. Termination of Memorandum of Understanding.
University or City may terminate this Memorandum of Understanding,
without cause, upon One Hundred Eighty (180) days prior written notice.
Section 11. Governing Law and Arbitration.
A. This Memorandum of Understanding is entered into in the County of
San Bernardino, State of California. Controversies, disputes or claims arising
under Section 9 of this Memorandum of Understanding "Mutual
Indemnification" shall be subject to arbitration hereunder only upon mutual
agreement of the parties. Any and all other controversies, disputes or claims
(including those based upon a statute, tort or public policy and those against
individuals or other entities) arising out of or relating to this Memorandum of
Understanding (hereinafter "dispute") shall be determined by arbitration in the
City of Redlands, County of San Bernardino, State of California, in accordance
with the arbitration procedures established in this paragraph.
B. Arbitration must be initiated by a party by providing the other party
with a written demand to arbitrate and notice of selection of one arbitrator.
C. Within fifteen (15) calendar days of receipt of a written demand to
arbitrate, the second party shall select one arbitrator and give written notice of
selection.
D. Within ten (10) calendar days of selection of the second arbitrator,
the two arbitrators will select a third arbitrator and give notice of such
selection. In the event that the two arbitrators are unable to agree upon an
arbitrator, either party may petition the presiding judge of the Superior Court,
San Bernardino County, for the appointment of an arbitrator.
E. Within ten (10) calendar days of the selection or appointment of the
third arbitrator, each party shall submit to the arbitrators a proposed decision
with any request for documents or witnesses with appropriate findings of fact
and conclusions of law to support the proposed decision. A copy of the
submission shall be given to the other party.
F. Within thirty (30) calendar days after the submission of the two
proposed decisions, the arbitrators will hold a hearing in Redlands, California
at which the parties to the dispute may submit evidence, including examining
witnesses. The arbitrators may issue subpoenas to compel the testimony of
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third parties and the production of documents as provided for in Section
1282.6 of the California Code of Civil Procedure. However, there shall be no
pre hearing discovery. Testimony shall be taken under oath and the parties
may be represented by legal counsel.
G. The arbitrators shall issue a written decision within fifteen (15)
calendar days of the conclusion of the hearing. This decision shall be final and
binding upon the parties and may be entered as a judgment in a court of
competent jurisdiction. The arbitrators shall not have the authority to amend,
modify or delete any provision of this Memorandum of Understanding.
H. The costs of the arbitrators and petition for appointment of a third
arbitrator shall be split equally between the parties. Each party shall bear its
own cost of arbitration, including fees of its legal counsel.
IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed by their duly authorized officers
as set forth herein below.
CITY OF REDLANDS UNIVERSITY OF REDLANDS
2c"
Mayor
ATTEST:
t
Cityferk
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