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HomeMy WebLinkAbout2016-05-09 16-200 ORDERCOUNCIL ACTION Item No. 16-200 Date: May 9, 2016 Item/Subject: ORDER, Authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with Husson University to provide Police Services Responsible Department: Police Commentary: This order will authorize the City Manager to sign an MOU with Husson University to provide full-time, dedicated police officer to campus. The term of the MOU would extend through the academic year from September to May. During the summer months, the police department would assign the officer to a regular patrol duty assignment. It is the intent that the officer will work closely with the Executive Director of Security at Husson University as well as maintain a daily working relationship between the police department and campus security. Specifically this officer will be proactive with campus safety and security planning to ensure the safety of university staff, students and visitors. Husson University will compensate the City for the full cost of the officer during the nine month period of time he/she is designated to this assignment. The City of Bangor will pay the remaining three months. This item was reviewed and recommended for approval at the February 1, 2016 Government Operations Committee meeting. Manager's Comments: Associated Information: Order, Memorandum of Understanding Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Mark Hathaway Department Head cuma�,(&O,) . City Manager Finance Director Assigned to Councilor Sprague GITY OF BANGOR 16-200 May 9, 2016 (TITLE.) ORDER, Authorizing the City Manager to enter into a Memorandum of Understanding with Husson University for Police Services By the City Counts/ of the City of Bangor. - ORDERED., THAT the City Manager be authorized to enter in a Memorandum of Understanding with Husson University for the purpose of allowing for a fulltime police presence on campus during the academic year, as provided in the attached agreement between the parties. IN CITY COUNCIL MAY 9, 2016 MOTION MADE AND SECONDED FOR PASSAGE PASSED CITY CLERK 16-200 May 9, 2016 C� Memorandum of Understanding between the Bangor Police Department and Husson University This agreement is made and entered into on this day of 2016 between the Bangor Police Department, a department of the City of Bangor, a municipal corporation located in the State of Maine (BPD) and Husson University, a nonprofit corporation organized under the laws of the State of Maine (HU). PURPOSE The purpose of this agreement is to provide Husson University with one full-time police officer (the Officer) to assist in maintaining the security and safety of staff, students and visitors to the HU campus. The parties acknowledge that, while this agreement does not facilitate the presence of a police officer on campus during all hours of the day, BPD will remain the primary responder to all campus related law enforcement matters and will respond in a reasonable amount of time based on the circumstance or emergency. II. EXPECTATIONS BPD retains decision-making authority as to the manner of delivery of police services. The Officer shall remain an employee of BPD. His/her duties shall be to provide traditional police services and assist with campus safety and security as provided in this agreement. The Officer shall receive guidance from the Executive Director of Security related to the accomplishment of his/her duties, so long as said guidance is authorized by and/or comports with the policies and procedures of BPD. As part of his/her duties, the Officer: Shall receive and disseminate information and intelligence to the Executive Director of Security on matters relative to the overall safety of the campus. Shall participate in the emergency planning process via membership in the HU emergency planning committee. Shall serve as a liaison with Bangor PD to assure all response plans and MOU's are current. Shall serve on various proactive committees in the areas of overall crime reduction efforts on campus (e.g., property crimes, sexual assaults, etc.). 16-200 May 9, 2016 Shall exercise discretion while enforcing traffic violations in regards to moving violations on campus. Shall respond to reported threats of targeted aggression, persons with weapons, and serious criminal activity, and engage such threats by appropriate means. Shall facilitate communications interoperability with first responders called to the HU campus in emergency situations. Shall assist unsworn safety personnel when requested to do so by HU's executive director. Shall (in rare circumstances) facilitate the issuance of civil and criminal summonses to those who commit crimes on HU's campus. BPD will provide: 1) State of Maine certified full-time sworn police officer 2) The equipment, uniforms and gear necessary for the officer to provide traditional police services HU will provide: 1) Office (work space), telephone, computer or computer access (password protected) III. COMPENSATION HU agrees to reimburse BPD the officer's total sum of salary and benefits during the nine month academic period generally from September 01 to May 31 (at an estimated cost of $ .). Payment and billing will be monthly. BPD will not charge for days/periods of time (ex. vacation, training) when the officer is away from his/her campus assignment and the vacancy is not filled by another officer. IV. TERM AND TERMINATION The agreement shall be effective upon signature by duly authorized representatives of the Parties. It shall be ongoing and subject to review on a periodic basis as need arises. HU may terminate this agreement without cause by delivering to BPD notice of termination at least one year before the start of the academic year for which the agreement is no longer to be in effect. HU may also terminate the agreement upon 30 days notice if BPD fails to comply with one or more of the terms of this agreement and does not correct said failure to comply within 30 days of receiving notice of said noncompliance. BPD may terminate this agreement without cause upon 30 days notice to HU. The parties may agree to terminate upon mutual written consent at any time. 16-200 May 9, 2016 V. LIABILITY Each party to this agreement shall be responsible for its own negligent and willful acts and omissions and those of its own employees, officers, and agents in the performance of this agreement. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. Each party further acknowledges that it will be responsible to the extent allowed by law for claims or damages arising from personal injury or damage to persons or property to the extent they result from the negligence or willful misconduct of that party's employees, officers, and agents. Nothing in this Agreement is intended to expand or diminish the scope or limits of liability set forth by the Legislature under the Maine Tort Claims Act, 14 M.R.S.A. § 8101, et seq., or immunities or limitations of any state or federal law. VI. NOTICES Notices in relation to this agreement or any information as relates to the carrying out of this agreement shall be made as follows: To BPD: Chief of Police Bangor Police Department 240 Main Street Bangor, ME 04401 To HU: Executive Director of Security Husson University 1 College Circle Bangor, ME 04401 VII. RELATIONSHIP BPD and HU are independent contractors to one another and nothing in this agreement shall be deemed to create a relationship of principal and agent between them. Additionally, nothing in this agreement shall be construed to create an employer/employee, master/servant or partnership/joint venture relationship between the parties. Each party shall be exclusively responsible for selecting, supervising and compensating its own employees and/or representatives in the performance of their responsibilities under this agreement. Neither party shall have the authority to bind the other or to transact business in the name of the other nor to make representations or promises on behalf of the other except as is expressly granted under this agreement. 16-200 May 9, 2016 We, the undersigned, being duly authorized, have executed this Agreement on behalf of the parties. Robert A. Clark, Ph.D. President Husson University Catherine M. Conlow City Manager City of Bangor Date Date