Loading...
HomeMy WebLinkAboutE-05 APU URO AGREEMENT 2016-2017CONSENT CALENDAR E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: STEPHAN E. HUNT, ACTING CHIEF OF POLICE DATE: AUGUST 15, 2016 SUBJECT: APPROVAL OF AGREEMENT BETWEEN AZUSA PACIFIC UNIVERSITY (APU) AND THE CITY OF AZUSA FOR UNIVERSITY RESOURCE OFFICER (URO) SERVICES SUMMARY: Azusa Pacific University (APU) has contracted with the City for the past three (3) years for a full-time police officer to serve as a University Resource Officer (URO). Unlike the School Resource Officer with the school district, this is not a shared cost program, and APU pays for the assigned officer’s full salary and benefits while the officer works in that capacity. This action approves an agreement with APU for a URO for the 2016-17 academic school year. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Approve an agreement between the City of Azusa and APU to provide a full-time police officer to serve as a University Resource Officer (URO) for the 2016-2017 APU undergraduate academic school year. 2) Authorize the City Manager to execute the agreement with APU, in a form acceptable to the City Attorney, on behalf of the City. DISCUSSION: This agreement will mark the fourth consecutive year of the URO program between APU and the Police Department. The function of the URO position is comparable to that of a traditional Student Resource Officer (SRO). However, unlike the SRO where Azusa Unified School District (AUSD) shares the cost with the City, APU is billed for 100% of the salary and benefits of the assigned officer while the officer works in that capacity. APU and the Police Department have found the URO program mutually beneficial and recommend entering into another one year agreement for the 2016-2017 undergraduate academic school year. The APPROVED COUNCIL MEETING 8/15/2016 University Resource Officer Services July 18, 2016 Page 2 attached agreement has been approved as to form by both the City Attorney’s office and APU general counsel. FISCAL IMPACT: The impact to the General Fund budget is a net savings due to the payment by APU for the assigned URO’s salary and benefits while working in that capacity (approximately $80,000). Prepared by: Reviewed and Approved: Stephan E. Hunt Louie F. Lacasella Acting Chief of Police Management Analyst Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachments: 1) 2016-2017 Agreement between APU and the City of Azusa 45635.01000\7948482.2 Agreement between Azusa Pacific University and City of Azusa Police Department This agreement is made and entered into for the 2016-2017 Azusa Pacific University undergraduate academic school year by and between the Azusa Pacific University, hereinafter referred to as APU, and the City of Azusa Police Department, hereinafter referred to as City or Police Department. Witnessed: Whereas, APU desires to further enhance the service and safety on and around its campus; and because the City desires to assist in enhancing said service and safety, the City will make available to APU a trained, full time police officer to serve as a University Resource Officer (URO). Therefore, be it agreed as follows: 1. APU will supply any necessary office space, necessary furniture, and telephone to the URO on its campus. 2. APU will supply necessary office supplies and assistance necessary to carry out the parties’ duties under this Agreement. 3. The City will provide all necessary public safety equipment and a marked police car to the URO for the performance of the services to be rendered under this Agreement and shall pay for all operating expenses, except for the URO’s salary and benefits, as described in Section 5. 4. The URO is and will remain a City employee and will work under the direction and supervision of the Azusa Police Department’s Operations Division. The URO shall coordinate her/his activities with APU’s Office of Student Life and Department of Campus Safety. The URO’s duties and responsibilities will include, but not be limited to the following: A. Act as liaison between the students, faculty, staff and visitors and Azusa Police Department. B. Be responsible for education on a variety of subjects related to crime and safety. C. Develop programs for community and campus awareness of crime and crime prevention. D. Patrol activities, criminal investigations, and enforcement. E. Act as liaison between Azusa Police Department and other emergency response agencies. F. Assist enforcing APU rules and regulations. G. The URO will be available at APU from 8:00 A.M. through 6:00 P.M., three days per week and from 6:00 A.M. through 4:00 P.M. one day per week (to allow briefing at the Azusa Police Department; such briefing day to be scheduled between the URO’s supervisor and APU Department of Campus Safety). The days of week when the URO will be on duty can be alternated between Monday through Thursday or Tuesday through Friday upon request of APU, but may 45635.01000\7948482.2 include an occasional Wednesday through Saturday to accommodate special events. H. Attend extra-curricular activities with flex hours or overtime pay as approved by the Police Department supervisor. The Dean of Students must also approve in writing and in advance any overtime pay that is to be compensated by APU. APU will not pay overtime rates for any overtime work that is required because the URO was engaged in APD business (e.g., APD training, APD social media projects, responding to unexpected emergencies unrelated to APU) during the regular working hours listed in paragraph 4(G) above. I. Assist APU staff in disciplinary matters, as requested. J. Provide proactive interaction with students, faculty, staff and visitors. K. Provide security and support for APU employees, students and guests when on campus. L. Participate in APU staff meetings, as requested. M. Maintain sensitivity to needs of situations that may require “low-key” or assertive interaction. N. Provide continued support to APU administration for a proactive stance on discipline. O. Provide intelligence resource to APU and Police Department as it pertains to safety, service, and the prevention of crime. P. Other duties as assigned and mutually agreed upon by APU and the Police Department. The precise responsibilities of the URO shall be mutually agreed upon between APU and the Police Department representative. The URO will be assigned to APU by the Police Department and evaluated by his/her Police Department Division Commander or designee with input from APU. 5. APU will pay the City for URO services, based on the assigned officer’s salary and benefits as of 08/31/2016 for the duration of this Agreement. The Police Department will bill APU at the end of each month and will be payable within 30 days from the time of receipt. 6. This Agreement may be terminated upon 30 days written notice by either party at any time, without cause. 7. The term of this Agreement shall be for the 2016-2017 APU undergraduate academic school year, which is August 31, 2016 – May 6, 2017. 8. The parties hereto agree that the URO program will be evaluated twice during the term of the Agreement, the first in January 2017 and the second in May 2017. Said evaluation shall be made by the APU Senior Vice President for Student Life, Dean of Students, Office of Student Life or his/her designee, URO, and Police Department Operations Division Commander or his/her designee. Each program evaluation shall include, at a minimum, specific details describing how the program and URO are meeting each of the duties and responsibilities that are listed in paragraph 4 of this agreement, a summary of feedback received from the APU community about the program and the URO, both positive and negative, and an analysis of the value of the program and improvements that can be made. 9. During the term of this Agreement, the City shall indemnify and hold APU, its officers and employees harmless from any and all claims, demands, damages or liability, 45635.01000\7948482.2 including, but not limited to attorneys’ fees and court costs, arising out of or resulting from alleged acts or omissions by the City, its officers, agents, and/or employees (including the University Resource Officer) during those times when said officers or agents are acting under the terms of this Agreement. APU shall indemnify and hold the City, its officers, and employees harmless from any and all claims, demands, damages or liability, including, but not limited to attorneys’ fees and court costs, arising out of or resulting from alleged acts or omissions by APU, its officers, agents, and/or employees in carrying out the terms of this Agreement. If any proceeding shall be brought against an indemnified party by reason of or in connection with the matters described in this paragraph the indemnitee shall promptly notify the indemnifying party in writing and the indemnifying party shall assume the defense thereof, including the employment of counsel satisfactory to such indemnitee and payment of all reasonable costs of litigation. To the extent that any law or regulation limits the scope of this indemnification and hold harmless provision, City and APU hereby waive any and all limitations of said law or regulation. 10. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action. _____________________________ ______________________________ Mayor of Azusa Azusa Pacific University Senior Vice President Date:_________________________ Date:_________________________ Approval as to form: ______________________________ Azusa Chief of Police ______________________________ Azusa Pacific University Counsel Date:_________________________ Date:_________________________ Approval as to form: _____________________________ Azusa City Attorney Date:_________________________