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HomeMy WebLinkAboutFresno Pacific University MOU with Police Dept Regarding Campus Safety-ıC OYzo UO cÉ .9IFroOØ -Yto(JO à C) MEMORANDUM OF UI{DERSTANDING BET\ryEEN THE CITY OF FRESNO POLICE DEPARTMENT AND FRESNO PACIFIC UNIVERSITY FRESNIO PACIFIC UNIVERSITY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FRESNO POLICE DEPARTMENT AND FRESNO PACIFIC UNIVERSITY ARTICLE 1. PARTIES This Memorandum of Understanding ("MOU) is entered into by and between the City of Fresno("City") acting by and through the Chief of Police of the Freino police Department (..Chief,) and Fresno Pacific University ("FPU") acting by and through the presideni of Fresno pacif,ró University. ARTICLE 2. TERM June lst 2015 at 0800 and shall continue for a period terminated according to the provisions of Article 5 ARTICLE 3. AUTHORITY This MOU is entered into pursuant to the provisions of Section 830.7, Subsection (b), of theCalifornia Penal Code for the purpose of granting Campus Safety Officers of the FpUDepartment of Campus Safety the authority to exercisé a[ powers of arrest of a peace officer asspecified in the California Penal Code Se-ction 836, during the course and within the scope oftheir employment and subject to the conditions herein r.iforth in Articles 6,7, and g of thisMOU. ARTICLE 4. PROVISIONS OF LAW AND SEVERABILITY This MOU shall be subject to the laws of the excluding, however, any conflict of laws rule If any article, part or provision of this MOU is of competent jurisdiction, such article, part, or such applicable law and the remainder of the M ARTICLE 5. DEF'AULT AND TERMINATION In the event FPU fails to abide by the terms designee shall give FPU written notice to corre substantial steps taken toward accomplishing within ten (10) days after receipt of such noti 2 this MOU by giving FPU written notice of termination, which notice shall be effective immediately upon receipt by FPU. ARTICLE 6. OUALIFICATIONS AND TRAINING STANDARDS In order to exercise the powers of arrest of a peace off,rcer, as specified in California Penal Code Section 836, Campus Safety Officers must fulfill all of the following requirements: I Meet the minimum standards of training prescribed by the California Commission on Peace Officers Standards and Training as set forth in the California Penal Code, Section 832. I Meet further reasonable qualifications for employment deemed necessary by the Director of Campus Safety, and FPU and be included on a roster of those Campus Safety personnel authorized by the Director of Campus Safety and FPU, to make arrests in the circumstances specified in California Penal Code Section 836. ARTICLE 7. LIMITATIONS OF AUTHORITY Officers of the FPU Department of Campus Safety shall be authorized to exercise the powers of arrest of a peace offtcer while they are on duty and in the authorized uniform with the FPU Department of Campus Safety. ARTICLE 8. SPECIFIC GEOGRAPHICAL BOUNDARIES The following is a list of addresses under FPU jurisdiction that are located within the City of Fresno. These properties are used for educational, counseling, or housing pu{poses. Along with the street addresses for which FPU is responsible, coresponding FPD police reporting zones have been listed for recording and dispatching purposes. 1717 S. Chestnut Ave. (Main Camous) 31G12762 4838 E. Butler Avenue ßTH 1) 31G12762 1719 S. Winery Ave. 31c12762 4843 E. Butler Avenue (BTH 2) 31G12762 5 River Park Place West 201, 301 41N0856 4866 E. Butler Avenue (BTH 4) 31G12762 4420 N. First St. #120 (counseling center) 4lBll758 1525 S. Garden Avenue (HTN 1) 31G12762 1515 S. Garden Avenue (TH 1) 31G12762 4847 E. Heaton Avenue (HTN 2) 31G12762 4846F,. Townsend Avenue OH2) 31c12762 4853 E. Heaton Avenue (HTN 3) 31G12762 4852F,. Townsend Avenue (TH3) 31c12762 4859 E. Heaton Avenue (HTN 4) 31G12762 4858 E. Townsend Avenue lTH4) 31G12762 4865 E. Heaton Avenue (HTN 5) 31G12762 4864E. Townsend Avenue (TH5) 31G12762 4871F,. Heaton Avenue (HTN 6) 31G12762 4870E. Townsend Avenue (THO 31c12762 4877 E. Heaton Avenue (HTN 7) 31c12762 4876E. Townsend Avenue OHî 31G12762 4889 E. Heaton Avenue (HTN 9) 31G12762 4882 E. Townsend Avenue (TH8) 31c12762 1586 S Winery Avenue (HTNI1) 31G12762 4888 E. Townsend Avenue OH9) 31G12762 4919 E. Heaton Avenue (HTN 20) 31c12762 4894F,. Townsend Avenue (THl0) 3/G12762 4927 E. Heaton Avenue (HTN 22) 31G12762 1516 S. Winery Avenue (THl l) 31G12762 4981 E. Heaton Avenue (HTN 36) 31G12762 4837 E. Townsend Avenue flH12) 31G12762 3 4978F'. Heaton Ave. (W llow Gardens) 31G12762 4845F,. Townsend Avenue (THl3) 31c12762 4980 E. Heaton Ave. (W llow Gardens) 31G12762 4867 E. Townsend Avenue lTHl5) 31c12762 1634 S. Willow Avenue. 31G12762 4902E. Townsend Avenue (THIô 31G12762 4913 E. Townsend Avenue (THl9) 3lcl2i62 ARTICLE 9. REPORTS. RECORDS AND INSPECTIONS The FPU Department of Campus Safety shall be responsible for the reporting of criminal activity occurring on campus and/or property controlled by the campus and fulfills the following: I Maintain a daily occurrence report of all police and enforcement related activities. I All reports, records and files of enforcement activities by the Department of Campus Safety shall be maintained indefinitely. All reports, records and files of enforcement activities by the Department of Campus Safety, shall be open for inspection to designated members of the City of Fresno Police Department ("FPD"). Monthly crime statistics shall be maintained and supplied to the Southeast District Commander or his designee by FPU, depicting specific locations of reported crimes on the campus and including all properties controlled by FPU. The Department of Campus Safety shall maintain a roster of all Campus Safety personnel authorized by the Director of Campus Safety to make arrests in the circumstances specif,red in California Penal Code Section 836. A copy of the roster shall be forwarded to the Chief or his designee within twenty-four (24) hours after any changes. INITIAL CRIME REPORTS I Initial crime reports will generally be taken by FPU Department of Campus Safety for all crimes occurring on campus and all properties that are the responsibility of the University. FPD will immediately be notified and will handle the initial reports and follow up investigations for the following Part I violent crimes, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation and Section 67381 of the Education Code: --Homicide --Forcible rape --Robbery --Aggravated assault Other Part I or Part II offenses will be handled by the FPU Department of Campus Safety unless a request is made to the FPD by FPU campus safety to handle the investigation. 4 INVESTIGATIONS When FPD dispatch is notified first of crimes other than those listed above as Part I violent crimes, FPU campus safety will be notified by FPD dispatch to respond and investigate. In the event the caller is somewhere other than on FPU property, FPU campus safety may request that FPD handle the investigation. I All follow up investigations, for the above described Part I violent crimes, shall be the responsibility of FPD. ARTICLE lO.INSURANCE FPU shall procure, at its own expense and keep at all times during the terms of this MOU: I Reasonable insurance for the operations and functions related to the authority granted by the terms of this MOU, which at minimum shall meet the requirements set forth in Exhibit "4" hereto. Such insurance policy may provide for reasonable deductible and/or retention based on the nature of FPU's operation and the type of insurance involved. FPU shall provide proof of insurance to FPD. FPU shall not be authorized by the provisions of California Penal Code Section 830.7(b) and not commence activity pursuant to this MOU until the documents evidencing insurance coverage have been filed. ARTICLE 11. WRITTEN NOTICES Written notices to the Chief shall be sent by registered or certified mail, postage prepaid and addressed to said party or to such other addressee as designated by the Chief. Written notices to FPU shall be sent by registered or certified mail, postage prepaid and addressed to said party at l7l7 S. Chestnut Ave, Fresno California 93702, or to such other addressee as designated by FPU. Notwithstanding the foregoing, all notices may be delivered personally to the office of the Director of Campus Safety or FPU. ARTICLE 12. INDEMNIFICATION FPU shall indemniff, defend and hold harmless the City of Fresno, its Special Districts, elected and appointed officers, officials, employees, agents and volunteers from and against any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), incurred by FPU, City of Fresno or any other person, and from and all demands, claims and in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of 5 FPU or any of its officers, officials, employees, agents or volunteers in the performance of this MOU. If FPU should subcontract all or any portion of the work to be performed under this MOU, FPU shall require each subcontractor to indemnify, hold harmless and defend City of Fresno, and each of its officers, offrcials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this MOU. ARTICLE 13. AUTHORIZATION WARRANTY Each party hereby represents and warrants that the persons executing this MOU on their behalf, is an authorized agent who has actual authority to bind the party to each and every term and obligation set forth in this agreement. IN V/ITNESS V/HEREOF, the City of Fresno Police Department and Fresno Pacific University cause this Agreement to be entered into on their behalf by their duly authorized employees or officers the day, month and year first written above. DATE: APPROVED AS TO FORM: DOUGLAS T. SLOAN CITY ATTORNEY DArE: +/eg/& ATTEST: YVONNE SPENCE, CMC, CITY CLERK By: By: 6 CITY OF FRESN University President DATE: S-¿CI Executive Director, Campus Safety Raj pingh Badhesha Exhibit 6'4" FPU shall procure and maintain for the duration of the contract, insurance against claims injuries to persons or damages to property which may arise from or in connection with performance of the work hereunder by FPU, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability ("CGL"): Insurance Services Offrce Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily inj,rry and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering, Code I (any auto), or if FPU has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. 'Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability Insurance with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. If the FPU maintains higher limits than the minimums shown above, FPD requires and shall be entitled to coverage for the higher limits maintained by FPU. Any available insurance proceeds in excess of the specihed minimum limits of insurance and coverage shall be available to FPD. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The City of Fresno, it's Special Districts, elected and appointed officers, employees, and agents are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of FPU including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to FPU's insurance (at least as broad as ISO Form CG 2010 1185 or both CG 20 10 and CG2037 forms if later revisions used). Primary Coverage. For any claims related to this contract, FPU's insurance coverage shall be primary insurance as respects the City of Fresno, its Special Districts, elected and appointed officers, employees, and agents. for the Any insurance or selÊinsurance maintained by the City of Fresno, its Special Districts, elected and appointed offrcers, employees, and agents shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City/FPD. Waiver of Subrogation. FPU hereby grants to the City a waiver of any right to subrogation which any insurer of FPU may acquire against the City by virtue of the payment of any loss under such insurance. FPU agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require FPU to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least frve (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage. FPU shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work coÍtmences. However, failure to obtain the required documents prior to the work beginning shall not waive FPU's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specif,rcations, at any time. Subcontractors. FPU shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and FPU shall ensure that Cþ is an additional insured on insurance required from subcontractors. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 3