HomeMy WebLinkAboutContracts & Agreements_86-2000ccxc: Councilmembers
Press & PI0
September 30, 2009
Ms. Lorrie Poyzer
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005
Redlands, California 92373
U N I V E R 5 1 T Y O F
Redlands
Office of the Executive Vice President
L' 1- a au
REDS DS Cfl' Cjf;RK
Re: Agreement For Retention of Director of Public Safety ("Agreement"), dated August 1, 2000
Dear Ms. Poyzer:
In accordance with Section 11 (Termination of Agreement) and Section 12 (Delivery of Notices) of the
Agreement as referenced above, this letter serves as formal notification to the City of Redlands that the
University of Redlands ("University") is terminating the Agreement, effective Wednesday, December 30,
2009.
Over the past nine years, this innovative and unique partnership between the City and the University has
been most mutually beneficial to both entities. We believe our close working relationship with the City of
Redlands' police and fire departments through this arrangement has served to improve the overall safety
of the University Community. The decision to conclude our Agreement is particularly difficult given the
program's overall success and our strong and effective working relationship. However, given the
economic outlook and associated budget challenges, we have concluded that the University can no longer
financially support the continuation of the program.
We want to express our gratitude to the City and the Redlands Police Department. In particular, we want
to recognize and offer words of appreciation to Chief of Police Jim Bueermann for his strong support of
the partnership and of the University. Although this particular program will come to an end in December,
the University looks forward to continuing the excellent working relationship that we have built with the
City's police and fire departments.
If you have any questions regarding this matter, please contact Mr. Cory Nomura, Chief Financial Officer
& Treasurer at (909) 748-8066 or me at (909) 748-8174.
Very truly yours,
Phillip L. Doolittle
Executive Vice President/COO
cc: N. Enrique Martinez, City Manager, City of Redlands
Jim Bueermann, Chief of Police, City of Redlands
Daniel McHugh, Esq., City Attorney, City of Redlands
Stuart Dorsey, President, University of Redlands
Cory Nomura, CFO & Treasurer, University of Redlands
Dan Hatt, Esq., McPeters, McAlearney, Shimoff and Hatt (University Council)
1200 East Colton Avenue • PO Box 3080 • Redlands CA 92373-0999 • Tel: 909-748-8174 • Fax: 909-335-5144 • www.redlands.edu
AGREEMENT FOR RETENTION OF
DIRECTOR OF PUBLIC SAFETY
This Agreement is made and entered into this 1st day of August, 2000, by
and between the City of Redlands, a municipal corporation of the State of
California, located at 35 Cajon Street, Redlands, California 92373, hereinafter
referred to as "City," and University of Redlands, a California nonprofit public
benefit corporation, hereinafter referred to as "University."
RECITALS
A. University presently operates a public safety program to provide
security and safety services for University's campus, its students, personnel
and visitors ("Program");
B. University seeks a Director of Public Safety ("Director") to exercise
senior level management, leadership, assessment and decision making for the
Program;
C. University desires to contract with City to provide, through City's
Police Department, a Director and other Program services.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, City and University agree as follows:
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AGREEMENT
1. Program Services.
A. University hereby contracts with City to provide a Director
and other Program services for University. The Director shall be a Lieutenant
employed by City's Police Department. As Director, the Lieutenant shall
perform for the University, Program services generally described in Exhibit "A,"
which is attached hereto and made a part hereof by this reference.
The parties acknowledge that this innovative Agreement is
not intended to supplant the Program with City's police operations or authority,
specifically:
(1) The Director will perform Program services under the
supervision of University's senior administration under applicable University
policies and procedures;
(2) University is a private not a public entity,
consequently the parties recognize that the Director, although a sworn police
officer, will not be acting as such an officer while performing services under
this Agreement;
(3) To avoid an appearance that the Director is "on duty"
with City while performing services and to be consistent with University
policies, the Director, while performing services, shall be unarmed, if
permissible, or if not, armed by concealed weapon unless unforeseen events
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bring the Director to duty "in uniform"; shall be attired as mutually agreed by
the parties but not in a City Police Department uniform unless unforeseen
events bring the Director to duty "in uniform"; and shall avoid to the extent
practicable the performance of services while operating a vehicle bearing a City
insignia or logo; and,
(4) The definition, investigation and reporting of activities,
events and incidents will be bound by University procedures and the privacy
rights of students, employees and visitors. Consequently, City may at times be
excluded from reporting and disclosure by the Director.
C. Consistent with paragraph B (4) above, City and University
agree that: the Director and Program Representative will apply best efforts to
implement integration of University's Public Safety "night" dispatch system into
the City system; and the Director and the Program Representative will also
apply best efforts to implement regular attendance of Public Safety officers at
appropriate City sponsored training programs.
2. Designation of Campus Safety Director.
A. Due to the significant commitment to be incurred by
University in orientation, instruction and integration of the Director into the
Program, City agrees that any designated Director shall serve for a term of at
least thirty six (36) months so long as employed as a Lieutenant police officer
by City.
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B. City has designated Lieutenant Bill Cranfill to serve as the
initial Director and University accepts.
C. Notwithstanding the foregoing, University shall have the
right during the term of this Agreement to request a Lieutenant of City
different than the Lieutenant then designated by City to be Director. University
may exercise this right, without specific reason therefor, by providing written
notification of the same to City. City shall consult with University and replace
the Lieutenant with another Lieutenant from City's then existing Police
Department force. The replacement Lieutenant shall be made available to
serve as the Director within thirty (30) days of the date of University's written
notice.
3. Control and Payment of Subordinates.
University retains City on an independent contractor basis, and
neither City, nor City's Lieutenant or any other City personnel shall be deemed
employees of University. The Lieutenant and any other City personnel
performing the services required by this Agreement shall at all times be under
City's employment authority and City shall pay all wages, benefits and other
amounts due such personnel in connection with their performance of the
services or otherwise, including but not limited to, Social Security taxes,
income tax withholding, unemployment insurance and workers' compensation
insurance.
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4. Compliance with University Requirements.
A. All services performed by City's Lieutenant and other City
personnel pursuant to this Agreement shall conform to all rules, regulations
and requirements of University and shall be subject to review and approval of
University's administration.
B. Such service requirements include the daily, weekly and
monthly duty hours of service required of a Director. Except for vacation
periods or other allowed absences as mutually agreed by City and University,
and except as provided in paragraph 4 C. below, the Director shall devote first
priority and best efforts to the performance of the services.
C. University recognizes that the Director will independently
participate in professional training and other police related City activities not
requested or directed by University. City agrees that the Director's time and
efforts given to such other activities will not interfere with fulfilling the
Director's commitments under this Agreement.
5. Program Representative.
A. The parties shall work closely and cooperate fully with the
Program Representative of each. A Program Representative, or his or her
designee, shall be the principal representative of a party who shall act as
liaison to the other party and City's Lieutenant in connection with this
Agreement.
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B. The parties agree that their Program Representatives will
meet no less frequently than every ninety (90) days.
6. 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 be 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 Agreement. 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, indemnify 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 Agreement. 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 4 A. and B. above, Claims for
which there is no obligation to "defend, indemnify and hold harmless" are:
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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 or University are those of their
elected officials, trustees, officers, employees and agents.
E. In the event any action is commenced to enforce or interpret
the terms or conditions of this section 6, the prevailing party shall, in addition
to any costs and other relief, be entitled to the recovery of its reasonable
attorneys' fees,
7. Standard of Care; Licenses.
City shall perform the services under this Agreement in a skillful
and competent manner. City represents and warrants to University that City's
Lieutenant, and any other City personnel providing services pursuant to this
Agreement, shall have all licenses, permits and other approvals of whatever
nature that are legally required for them to perform the services. City further
represents and warrants that it shall keep in effect all such licenses, permits
and other approval at all times during the term of this Agreement.
8. Compensation.
University shall pay to City, as compensation for all services
rendered pursuant to this Agreement, an amount equal to these actual costs
incurred by City: (1) for wages and benefits of the Lieutenant designated as
Director; (2) for fully equipping the Lieutenant as a Police Officer under City's
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rules and regulations; and (3) for purchasing, maintaining repairing and
operating the Lieutenant's vehicle and the vehicle's equipment.
9. Agreement and Payment of Compensation.
Compensation shall be mutually agreed and paid as follows.
A. The cost of "wages and benefits" shall be set no more
frequently than annually. Such, amount shall be subject to University
agreement and prorated and payable over twelve (12) consecutive months.
"Wages and benefits" include employer payroll taxes, but not penalties or
interest thereon.
B. "Fully equipping", including repairs and replacements, shall
be payable as incurred, subject to a periodic mutually agreed twelve (12) month
limitation.
C. Acquisition of a vehicle shall occur by lease with option of
City to purchase with a term of thirty-six (36) to sixty (60) months as agreed by
City. The amount due will be the monthly amount paid by City under such
lease, as mutually agreed by the parties. Further, any non -recurring lease
charge will be paid by University, upon mutual agreement. Any amount due
will be paid within thirty (30) days of the date incurred by City. Upon payment
within thirty (30) days of a non -recurring lease charge and subsequent
termination of this Agreement, City will pay to University, within thirty (30)
days of the effective date of termination, an amount, if any, equal to the
amount paid by University multiplied by a fraction: the numerator being the
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total number of monthly lease payments due under the lease less the number
of monthly lease payments actually made, and the denominator being the total
number of monthly lease payments due under the lease.
D. "Maintaining, repairing and operating" shall be payable as
incurred, subject to a periodic mutually agreed twelve (12) month limitation.
E. After the last day of each calendar month during the term of
this Agreement, City shall submit to University a statement which indicates the
services performed and the actual allowed costs incurred that month by City
for performing under this Agreement. University shall make payment to City
within thirty (30) days of the date of City's statement.
F. If the Director declines to, or is unable to render services for
days in excess of mutually agreed allowed absences in any twelve (12) month
period, without cause by University, a daily prorated reduction of all items of
Compensation shall be made, to be credited on the next following statement to
University.
10. City Recordkeeping.
City shall maintain complete and accurate records with respect to
the costs incurred by City under this Agreement. City shall allow a
representative of University, during regular City business hours, to examine,
audit, and make copies of such records.
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11. Termination of Agreement.
University may, by written notice to City, terminate this Agreement
at any time, and without cause, by giving written notice to City of such
termination and specifying the effective date thereof at least fifteen (15) days
before the effective date of such termination. In the event of termination of this
Agreement, City shall be paid its Compensation due as of the effective date of
the termination, and City shall not be entitled to any further Compensation.
- City may terminate this Agreement, without cause, upon sixty (60) days prior
written notice to University.
12. Delivery of Notices.
All notices permitted or required to be given under this Agreement
shall be deemed made when delivered to the applicable party's Program
Representative as provided for in this Agreement. Additionally, suchnotices
may be given to the respective parties at the following addresses, or at such
other addresses as the respective parties may specify in writing for this
purpose:
City of Redlands
Attention: City Clerk
35 Cajon Street
P.O. Box 3005
Redlands, CA 92373
University of Redlands
Attention: Phillip L. Doolittle
Vice President, Finance 85
Administration
1200 E. Colton Avenue
P.O. Box 3080
Redlands, CA 92373
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Notices shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
and addressed to the party at its applicable address.
13. Entire Agreement/Modification/Further Agreements.
This Agreement contains the entire agreement of the parties with
respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements relating to the services provided by City
pursuant to this Agreement. Modifications of this Agreement and further
agreements required herein may only be by written agreement signed by the
parties hereto°
14. Governing Law and Arbitration.
A. This Agreement is entered into in the County of San
Bernardino, State of California. Controversies, disputes or claims arising
under section 6 of this Agreement "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 entitles) arising out
of or relating to this Agreement (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.
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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 third parties and the production of documents as provided for in
Section 1282.6 of the California Code of Civil Procedure. However, there shall
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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 Agreement.
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.
15. Time of Essence.
Time is of the essence for each and every provision of this
Agreement.
END OF AGREEMENT
SIGNATURE PROVISIONS FOLLOW
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IN WITNESS WHEREOF, said parties have executed this Agreement to be
effective on the date first hereinabove written.
City of Redlands University of Redlands
Mayor Pat Gilbreath
ATTEST:
City Clerk I i a Poyzer
Duplicate Original
By:
Phillip L. Doolittle
Vice President, Finance &
Administration
e//o
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EXHIBIT "A"
The Director of Public Safety shall provide professional, senior level
management and leadership in connection with the organization, supervision,
assessment and decision -making for University's public safety program and the
safety and security of students, personnel and property of the University
community. The Director of Public Safety shall be responsible for:
• Managing, developing and monitoring University's safety and security
operations, budgets and communication plans and assisting in developing
and modifying services and procedures to meet University safety and
security needs.
• Supervising and evaluating public safety personnel; conferring regularly
with University's staff to plan' and coordinate security activities, assign and
check work, and plan staffing needs and work schedules.
• Establishing and maintaining working 'relationships with University
departments and external agencies (law enforcement and fire) .
• Planning, implementing, conducting emergency preparedness training, drills
and maintaining emergency supplies.
• Maintaining awareness and regulatory reporting compliance with local, state
and federal laws.
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• Investigating crimes and other incidents for the campus community; patrol
the campus, answer and respond to medical or criminal related calls as
needed.
• Developing, conducting, and ensuring adequate education and training for
community policing, crime prevention, conflict resolution, and public
education programs.
• Assisting in the development and maintenance of a comprehensive written
policy for the public safety department and ensuring the policy is properly
enforced.
• Developing, implementing and maintaining an adequate parking
management and ride share program.
• Maintaining an awareness of the public safety/ security field through
participation with professional associations/colleagues.
• Performs other related duties or special projects as assigned or directed,
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Contract Award - EOC Improvements - Bids were opened and publicly declared
on July 20, 2000, in the office of the Public Works Director for the construction
of the Emergency Operations Center (EOC) Tenant Improvements Project. This
project will construct temporary living quarters within the existing EOC
building to house fire personnel from Fire Station No. 1 during renovation work
on the existing station. The City sent plans and specifications requesting bids to
seven local building contractors; the engineer's estimate was $10,000.00 and one
bid was received as follows:
NBI General Contractors, Redlands $13,969.00
NBI General Contractors was the only responsive/responsible bidder and staff
recommended awarding them the contact in the amount of $13,969.00. This
project is considered a Class 1 Categorical Exemption pursuant to
Section 15301(a) of the California Environmental Quality Act Guidelines. This
section provides an exemption for interior or exterior alterations involving
things such as interior partitions, plumbing, and electrical conveyances. In
response to his questions, staff advised Councilmember George that the EOC
was handicapped accessible. On motion of Councilmember George, seconded
by Councilmember Haws, this recommendation was approved, by AYE votes of
all present, and the Mayor and City Clerk were authorized to sign the contract
on behalf of the City.
Settlement Agreement - Dale Martin and PERS - A copy of an executed
Settlement Agreement and Release with Dale Martin and the Public Employees'
Retirement System (PERS) as agreed to by the City Council in a closed session
was made public in accordance with the requirements of the Brown Act.
Agreement - University of Redlands - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council approved, by AYE votes
of all present, a contract with the University of Redlands allowing the Police
Department to provide management services as previously approved in concept
by the City Council at the July 18, 2000, City Council meeting, and the Mayor
and City Clerk were authorized to sign the contract on behalf of the City.
Agreement - Design of Fire Station No. 261 - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, a consulting services agreement with Claremont
Environmental Design Group, Inc. for the final design for Fire Station No. 261,
and the Mayor and City Clerk were authorized to sign the contract on behalf of
the City.
PLANNING AND COMMUNITY DEVELOPMENT
Agreement - Final Approval - Tract No. 16015 - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, a subdivision improvement agreement for Tract
No. 16015 located on the north side of Pioneer Avenue, east of Duke Street;
Gardner Construction, applicant. On motion of Councilmember George,
August 1, 2000
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