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HomeMy WebLinkAbout07-28-2015 MOU between City of SLOPD and Cal Poly PDwtMemorandum of Understanding Inter - Agency Agreement & Mutual Aid THIS MEMORANDUM OF UNDERSTANDING is entered into by and between the City of San Luis Obispo Police Department ( SLOPD) and the California Polytechnic State University (Cal Poly), San Luis Obispo Police Department (UPD). PT TR P00%F It is the desire of the parties to jointly enhance public safety within the City of San Luis Obispo and the California Polytechnic State University and to provide definitive operational guidelines for SLOPD and UPD, in those instances and areas in which the two share concurrent jurisdiction within the one mile radius surrounding the Cal Poly campus and in the City of San Luis Obispo (Appendix A). NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein the parties agree as follows: AUTHORITY 1. The San Luis Obispo Police Department ( SLOPD), under section 830.1 of the California Penal Code, has legal authority to exercise peace officer powers throughout the City. For the purposes of this Agreement the primary jurisdiction of the San Luis Obispo police officers shall be all property located within the City of San Luis Obispo. 2. The University Police Department (UPD), under Section 830.2 of the California Penal Code, has legal authority to exercise peace officer powers throughout the State provided that primary duties shall be the enforcement of laws upon the State University campus and in an area within one mile of the exterior boundaries of the campus consistent with Section 89560 of the California Education Code. For the purposes of this Agreement, the primary jurisdiction of UPD officers shall be all property owned or leased by Cal Poly, and shared concurrent jurisdiction with SLOPD for purposes of certain Municipal Code enforcement within one mile of the exterior campus boundaries extending into the City of San Luis Obispo. 3. In addition to that authority otherwise granted by State law, the City and with consent of the SLOPD by and through its Chief of Police, grant- authority to UPD peace officers to enforce the City of San Luis Obispo Municipal Code for the following enumerated Chapters, in the same manner as such provisions would be enforceable by SLOPD: a. Municipal Code Chapter 9.04: Possession of Open Containers or Consumption of Alcoholic Beverages in Public Places b. Municipal Code 9.05: Underage Persons and Alcohol c. Municipal Code 9.12: Noise Control d. Municipal Code 9.13: Unruly Gatherings e. Municipal Code 9.20: Miscellaneous Prohibitions SCOPE OF SERVICES OPERATIONAL RESPONSIBILITY 4. Notwithstanding this MOU, in their respective areas of operational responsibility, each department shall be responsible for the prevention of crime, the preservation of peace and order, the enforcement of laws and ordinances, the investigation, reporting and accounting for criminal offenses, and for providing such other police services as the regulations or orders the respective departments may require. Nothing herein shall be construed to alter the responsibility of the agency with operational responsibility to submit reports required by law to the Bureau of Criminal Statistics (BCS) and to one another upon request, as they pertain to joint enforcement. 5. Notwithstanding this MOU, UPD's primary patrol and operational priority is upon the properties owned and operated by Cal Poly. To enhance public safety, the UPD, when on campus Cal Poly service expectations allow, will proactively patrol both the campus and residential areas within one mile of the exterior boundaries of the campus and take the appropriate law enforcement actions as needed. 6. Nothing in the MOU shall be interpreted to expand SLOPD's primary patrol and operational responsibility and priority beyond the properties within the City of San Luis Obispo. PATROL RESPONSE 7. When on- campus Cal Poly service expectations allow, when one of the enumerated Municipal Code violations discussed above are observed by UPI) during the proactive patrol of neighborhoods within the one mile exterior campus boundaries of Cal Poly, UPI) peace officers may issue a charging document. 8. When an officer observes a non - emergency situation requiring police attention in the other areas of operational responsibility, they may take the appropriate law enforcement action and shall make every effort to notify the other agency. When confronted by an emergency in the other's area that, in the officer's opinion, requires immediate action, such action will be taken and the other department notified at the first opportunity. 9. Calls for an emergency or life threatening matters may be responded to by the agency that initially receives the call, with referral to any agency having primary jurisdiction at the first opportunity. 6 When officers from both agencies are at the scene of an emergency, the agency with primary jurisdiction will have full authority and responsibility for the police operations at the scene. The senior officer from the agency with such jurisdiction will be in command of all the police officers from both jurisdictions. CALLS FOR ASSISTANCE AND MUTUAL AID 10. In cases where assistance, including emergency assistance, is required by either agency the requested agency shall, except as set forth herein, provide such assistance. Requests for assistance will normally be made through the communications center of either agency, although other arrangements may be made as appropriate to the incident. 11. The authority to request assistance from the other agency and the authority to grant such requests is delegated by the San Luis Obispo Chief of Police and by the University Chief of Police to their on- duty watch commanders or supervisors. In extremely urgent and/or life - threatening situations when there is not sufficient time to contact the watch commanders, officers from either agency may respond immediately to urgent calls for assistance from officers of the other agency. 12. Personnel responding to a call for assistance will report to the highest - ranking officer from the requesting agency at the scene of the incident. In all emergency situations, officers from the responding agency will assist as directed by the ranking officer on scene from the requesting agency. Officers from the responding agency will be under the immediate command of their own supervisors on scene but such supervisors will be under the direct supervision and command of the ranking officer on scene from the requesting agency. 13. Press releases and media management will be the responsibility of the requesting agency in whose jurisdiction and emergency the incident has occurred. Either party shall be excused from responding in the event that the requested party's emergency equipment and personnel is needed within the requested party's primary jurisdiction, the determination of which is within the sole discretion of the requested party. INVESTIGATIONS 14. Cases initiated by either agency which require subsequent investigation within the primary jurisdiction of the other agency will be retained by the initial agency. 15. It will be the policy of UPI) to notify SLOPD when officers are conducting an investigation within the City and to request that a SLOPD Police Officer assist the investigating officer if such assistance is appropriate. 3 16. It will be the policy of SLOPD to notify UPI) when officers are conducting an investigation within or upon property owned or leased by Cal Poly and to request that a UPI) Police Officer assist the investigating officer if such assistance is appropriate. INFORMATION EXCHANGE 17. University Police will provide the San Luis Obispo Police Department with information that may reasonably be expected to impact the City. The San Luis Obispo Police Department will provide University Police with information that may reasonably be expected to impact Cal Poly. 18. The criteria to be used to determine information exchange is: whether any reasonable indication exists that the persons involved or implicated in an incident may reside in, traverse through, or commit further criminal acts in the primary jurisdiction of the other. MWEIVILVILNIC 19. Training of staff is necessary to meet the requirements of laws and regulations, maintain standards and proficiency, and to improve efficiency. Because of these ongoing requirements, both agencies employ personnel with subject matter expertise in a number of policing and safety related areas. Due to the proximity of jurisdictions and interrelatedness of responsibilities a high level of professional interaction regularly occurs between personnel from both agencies. It is essential that each agency understands the others procedures, operations, and tactics related to public safety. 20. Therefore it is recognized that members of each agency may, with departmental approval, participate in authorized training offered by either agency. Qualified and designated members of each department may act as trainers and/or participants in joint training sessions or exercises. COSTS 21. Each party agrees that for each call occurring within its primary jurisdiction, for which the other responds as provided herein, that each will reasonably pursue any and all legal reimbursement possible, pursuant to state or federal laws, including but not limited to reimbursement for hazardous materials incidents occurring within its primary jurisdiction, on behalf of all parties responding, and receipt of full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to all parties based on their relative documented expenses for the involved incident. EMPLOYEE STATUS / INDEMNITY PROVISIONS 22. Nothing contained in this agreement, and no performance under this agreement by personnel of the parties hereto shall in any respect alter or modify the status of officers, agents, or employees of the respective parties for purposes of worker's compensation or their benefits or entitlements, pension, 2 levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, or for any purpose or condition of employment. 23. Cal Poly shall indemnify, defend, and hold harmless the San Luis Obispo Police Department and its elective and appointive boards, officers, agents, employees, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of UPD, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City of San Luis Obispo. 24. City of San Luis Obispo shall indemnify, defend, and hold harmless the University Police Department, the State of California, the Trustees of the California State University, the Chancellor, California State University Cal Poly and their employees, officers, directors, volunteers and agents of each of them from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of SLOPD, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of UPD. TERMINATION 25. Should conditions exist whereby either party deems it necessary and in the best interest of their organizations respectively, either party may terminate this agreement at any time with or without cause upon thirty (30) days written notice to the other party. GOVERNMENTAL CLAIMS 26. The parties agree that in the event any claim or suit is brought against either or both parties by any third party as a result of the operation of this agreement, both parties will cooperate with each other, and with the insuring entities of both parties, in defending such claim or suit. GOVERNING LAW AND VENUE 27. This agreement shall be governed by the laws of the State of California. Venue for any action arising under this agreement or for the enforcement of this agreement shall be in the SuperiorCourt for San Luis Obispo County, California. INTEGRATION AND AMENDMENT 28. This agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This agreement may be amended only by an instrument in writing signed by the parties. The undersigned parties have been designated as representatives for their 5 respective organizations and are authorized as signatories to this Memorandum of Understanding between the City of San Luis Obispo Police Department and the California Polytechnic State University Police Department. SEVERABILITY 29. If any term, section or other provision of this agreement shall, for any reason, by held to be invalid or unenforceable the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of this agreement if the remaining provisions can be enforced to carry out the general intent of this agreement. This Agreement is executed this L day of , 2015, in the City of San Luis Obispo, State of California. 91 CITY OF SAN LUIS OBISPO By: /'4' a Marx Title: Mayor CALIFORNIA POLYTECHNIC STATE UNIVERISTY SAN LUIS OBISPO Title: no a447,:�IZ9=-- c " y D. Armstrong President