HomeMy WebLinkAboutE-09 Staff Report - APU MOU for URO 19-20CONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: STEPHAN E. HUNT, CHIEF OF POLICE
DATE: AUGUST 19, 2019
SUBJECT: APPROVAL OF AGREEMENT BETWEEN AZUSA PACIFIC UNIVERSITY (APU)
AND THE CITY OF AZUSA FOR UNIVERSITY RESOURCE OFFICER (URO)
SERVICES
BACKGROUND:
Azusa Pacific University (APU) has contracted with the City for the past six (6) 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 he/she works in that capacity. This action approves an agreement with APU for a
URO for the 2019/2020 academic school year.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Approve the attached one year agreement between the City of Azusa and APU to provide a full-
time police officer to serve as a URO for the 2019/2020 APU undergraduate academic school
year.
ANALYSIS:
This agreement will mark the seventh 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 AUSD shares the cost with the City, APU is billed for
100% of the salary and benefits of the assigned officer while he/she 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 2019/2020 undergraduate academic school year. The
APPROVED
CITY COUNCIL
8/19/2019
University Resource Officer Services
August 19, 2019
Page 2
attached agreement has been approved as to form by both the City Attorney’s office and APU general
counsel.
FISCAL IMPACT:
The General Fund budget will realize a net savings due to 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 Sergio Gonzalez
Chief of Police City Manager
Attachment:
1. 2019/2020 Agreement between APU and the City of Azusa – 5 pages
Agreement between
Azusa Pacific University
and
City of Azusa Police Department
This agreement is made and entered into this 19th day of August for the 2019/2020 Azusa Pacific
University undergraduate academic school year by and between the Azusa Pacific University, a
California private university hereinafter referred to as APU, and the City of Azusa, a California
municipal corporation, on behalf of its Police Department hereinafter referred to as City or
Police Department. APU and City are sometimes hereinafter referred to individually as “party”
or collectively as “parties.”
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). APU desires the addition of a second URO when Azusa Police Department’s staffing
permits.
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 the 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. Enforce California Vehicle Code violations on campus as requested by the
University.
F. Act as liaison between Azusa Police Department and other emergency response
agencies.
G. Assist enforcing APU rules and regulations.
H. The URO will be available at APU from 8:00 A.M. through 6:00 P.M., (subject to
change) 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 include an occasional Wednesday through Saturday to
accommodate special events.
I. Attend extra-curricular activities with flex hours or overtime pay as approved by
the Police Department supervisor. The Executive Director of Campus Safety
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.
J. Assist APU staff in disciplinary matters, as requested.
K. Provide proactive interaction with students, faculty, staff and visitors.
L. Provide security and support for APU employees, students and guests when on
campus.
M. Participate in APU staff meetings, as requested.
N. Maintain sensitivity to needs of situations that may require “low-key” or assertive
interaction.
O. Provide continued support to APU administration for a proactive stance on
discipline.
P. Provide intelligence resource to APU and Police Department as it pertains to
safety, service, and the prevention of crime.
Q. Other duties as assigned and mutually agreed upon by APU and the Police
Department.
R. Any intake report by the URO is the property of APD and information in that
intake report will be shared with APU personnel only as permitted by APD
policies and procedures. When the URO takes an intake report, the URO will
notify a DCS Command Team Member so that DCS can provide personnel to be
present and participate in the intake for DCS record-keeping purposes and to
comply with APU’s policies and procedures.
S. For purposes of APU’s title IX policies and procedures, the URO is not a
mandated reporter given the APD’s confidentiality policies and procedures to
which the URO is bound.
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 8/31/2019 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 2019/2020 APU undergraduate academic
school year, which is August 26, 2019 – May 2, 2020.
8. The parties hereto agree that the URO program will be evaluated twice during the term of
the Agreement, the first in January 2020 and the second in May 2020. Said evaluation
shall be made by the Executive Director of Campus Safety 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,
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.
10. APU shall indemnify and hold the City, elected officials, 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.
11. 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.
12. City and APU represent that they are self-insured or will carry appropriate amounts of
insurance during the term of this Agreement. City and APU warrant that, at all times
during the term of this Agreement, the parties shall have and maintain workers’
compensation insurance in compliance with California law.
13. This Agreement contains the entire agreement of the parties relating to the services, rights
and obligations described herein and assumed by the parties. No inducements,
representations or promises have been made other than those contained herein. No oral
promise, modification, change or inducement shall be effective or given any force or
effect without a written amendment to this Agreement.
14. The parties shall observe and comply with all applicable city, county, state and federal
laws, ordinances, rules and/or regulations now in effect or hereinafter enacted related to
the services provided herein.
IN WITNESS WHEREOF, each party to this Agreement has signed this Agreement and agrees
for itself, its employees, officers, partners and successors to be fully bound by all terms and
conditions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
_____________________________ ______________________________
Mayor of Azusa Azusa Pacific University
Senior Vice President
Date:_________________________ Date:_________________________
Approval as to form:
______________________________
Azusa Chief of Police ______________________________
Azusa Pacific University
General Counsel
Date:_________________________
Date:_________________________
Approval as to form:
_____________________________
Azusa City Attorney
Date:_________________________