HomeMy WebLinkAboutC35050 - MOU - Post Release Accountability and Compliance Team (PACT) ProgramCITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: APPROVAL OF A MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES TO THE PALM
DESERT POLICE DEPARTMENT'S PARTICIPATION IN THE
POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
(P.A.C.T.) PROGRAM.
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: February 25, 2016
CONTENTS: P.A.C.T. Program MOU-Fiscal Agent Responsibilities
Recommendation
By Minute Motion, authorize the Chief of Police to execute and enter into the
attached Memorandum of Understanding regarding Fiscal Agent responsibilities
for the AB 109 funded members of the Riverside County Post -Release
Accountability and Compliance Team (P.A.C.T.).
Commission Action
The Palm Desert Public Safety Commission approved staff's recommendation.at their meeting
on February 10, 2016.
Background
On October 1, 2011, the State of California initiated AB109, realigning the state correction
system and tasking local county probation departments with the supervision of criminals
previously overseen by the Department of Corrections. Realignment also redistributed the
housing of certain criminals, who would have fallen under the state correction system, to local
counties' sheriff's departments.
Counties were not prepared to assume this additional burden in the timeframe provided and
were quickly overwhelmed, forcing the early release of many criminals. The supervision of these
convicted felons no longer falls under State parole but county probation departments. In an
effort to mitigate these post realignment impacts, the Riverside County Community Correction
Partnership Executive Committee (CCPEC) recognized the importance of local law enforcement
participation in the oversight of these new probationers released as a result of AB109.
On January 17, 2012, State funding was provided to support local governments in this new
oversight function. While this funding does not require specific actions or reporting by
participating cities, it was decided that one city would serve as a fiscal agent and distribute the
funds to support local law enforcement efforts as determined by each county's police chief's
association. In Riverside County, that task falls under the Association of Riverside County
Chiefs of Police & Sheriffs (ARCCOPS).
ARCCOPS subsequently selected the City of Beaumont to serve as the fiscal agent for
Riverside County and was provided $1,536,156 in funds in February 2013.
CONTRACT NO. C35050
MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE
AB109 FUNDED MEMBERS OF THE RIVERSIDE COUNTY POST -RELEASE
ACCOUNTABILITY AND COMPLIANCE TEAM
(AB109 PACT MEMBERS)
[DATED AS OF 07-01-15 FOR REFERENCE PURPOSES]
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MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
TABLE OF CONTENTS
1.0
Background and Parties.......................................................................... 2
2.0
Fiscal Agent; Purpose and Statement of Work ..................................... 3
2.1 Fiscal Agent...................................................................................
3
2.2 Purpose and Statement of Work ..................................................... 3
3.0
Term..........................................................................................................
3
4.0
Integrated Agreement; Amendment or Termination of MOU; Addition
orWithdrawal of Parties.........................................................................
4
5.0
Financial and Audit Responsibilities.....................................................
4
6.0
Records Retention..................................................................................
6
7.0
Confidentiality..........................................................................................6
8.0
Hold Harmless and Indemnification.......................................................6
9.0
Assignment..............................................................................................
6
10.0
License and Certification........................................................................
6
11.0
Compliance, Governing Law and Severability......................................
7
12.0
Financial Reports / Reimbursement.......................................................
7
12.1 Financial Reporting........................................................................
7
12.2 Method, Time and Schedule / Condition of Payments ....................
7
12.3 Compensation / Maximum Amount .................................................
8
12.4 Designations / Contingency............................................................
8
12.5 Use of Funds...................................................................................
9
12.6 Disallowance...................................................................................9
12.7 Availability of Funding.....................................................................
9
13.0
Notices......................................................................................................9
SIGNATURE
PAGES.........................................................................................
12
Exhibit A: Quarterly Financial Summary Report Template ...........................
19
Exhibit B: AB109 PACT Invoice Template......................................................
20
Exhibit C: Distribution of Annual AB109 PACT Allocation by City ..............
21
Exhibit D: AB109 PACT Invoice Frequently Asked Questions .....................
22
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MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
1.0 BACKGROUND AND PARTIES
The Public Safety Realignment Act of 2011 implementation resulted in convicted
felons and parolees who were previously monitored by State Parole to be
supervised by the Riverside County Probation Department. On August 30, 2011,
the Community Corrections Partnership Executive Committee ("CCPEC") of
Riverside County Association of Riverside County Police Chiefs and Sheriffs
("ARCCOPS") due to the need for a county -wide law enforcement component to
address the governor's planned realignment program, voted to form the
Riverside County Post -Release Accountability and Compliance Team ("PACT").
As of July 1, 2012, certain members of the PACT entered into a Memorandum of
Understanding with the Riverside County Probation Department ("Riverside
Probation") to govern the distribution of realignment funds received by Riverside
Probation for certain PACT activities ("Probation Funds MOU"). The Probation
Funds MOU was subsequently revised and again entered into as of July 1, 2014.
Separate from the funds received by Riverside Probation for certain PACT
activities, ARCCOPS receives from the State of California the Riverside County
allocation of AB109 mitigation grant funds for certain PACT activities ("AB109
Funds"). While the Probation Funds MOU also allowed a process for ARCCOPS
to distribute the AB109 Funds to certain PACT members, the PACT believes that
a separate MOU is needed to govern the distribution of AB109 Funds.
Effective July 1, 2015, this Memorandum of
Agent Responsibilities for the AB109 Funded
Post -Release Accountability and Compliance
into by and between the following seven (7
("AB109 PACT Members"):
Understanding Regarding Fiscal
Members of the Riverside County
Team ("AB109 MOU") is entered
) agency members of the PACT
Corona Police Department
Indio Police Department
Lake Elsinore Police Department
Moreno Valley Police Department
Murrieta Police Department
Palm Desert Police Department
Riverside Police Department
Additional members of the PACT can be added to this AB109 MOU and become
AB109 PACT Members as provided for in Section 4.0 below. The AB109 PACT
Members may be individually referred to as "Party" and collectively as "Parties" in
this AB109 MOU.
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2.0 FISCAL AGENT: PURPOSE AND STATEMENT OF WORK
2.1 Fiscal Aqent:
One of the AB109 PACT Members must be assigned the duties of the
AB109 PACT Fiscal Agent ("AB109 PACT Fiscal Agent"). As of July 1,
2015, the Corona Police Department has agreed to be the AB109 PACT
Fiscal Agent, assuming the duties from the Beaumont Police Department.
The AB109 PACT Fiscal Agent shall serve at the will and pleasure of
ARCCOPS, by and through the CCPEC. CCPEC shall take formal action
to approve a change in the AB109 PACT Fiscal Agent, and the legislative
body of the AB109 PACT Member agreeing to become the AB109 PACT
Fiscal Agent shall acknowledge in writing its agreement and willingness to
assume the duties provided for in this AB109 MOU.
2.2 Purpose and Statement of Work:
The purpose of this AB109 MOU is to govern the distribution by
ARCCOPS, through the AB109 PACT Fiscal Agent, of the AB109 Funds
for expenses related to the participation by the AB109 PACT Members in
their PACT activities. This is not a PACT operational MOU.
The primary mission of the AB109 PACT Members is to work to
immediately focus on "high -risk" and "at -large" realignment offenders that
pose the most risk to public safety. The AB109 PACT Members will be
dedicated to identify and investigate "non -compliant" realignment
offenders, locate and apprehend "at -large" and "high -risk" realignment
offenders and performing compliance sweeps. Through sustained,
proactive and coordinated investigations, the AB109 PACT Members will
be able to share information, serve warrants, locate and apprehend
violators of their supervision and reduce the number of realignment
offenders who abscond.
3.0 TERM
This AB109 MOU shall be effective upon the execution by the duly authorized
representatives of all AB109 PACT Members. Each AB109 PACT Member
warrants to the other Parties that the person executing this AB109 MOU on its
behalf has the authority to do so on its behalf. The term of this MOU shall be for
the fiscal year commencing on July 1, 2015 and ending on June 30, 2016.
Thereafter, this MOU will automatically renew, annually, for each entire fiscal
year from July 1 to June 30 upon annual approval of State's budget and shall
remain in effect unless terminated or modified as provided for in section 4.0 of
this MOU.
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4.0 INTEGRATED AGREEMENT; AMENDMENT OR TERMINATION OF MOU;
ADDITION OR WITHDRAWAL OF PARTIES
This AB109 MOU, along with any incorporated exhibits, fully expresses all
understandings of the Parties concerning all matters covered and shall constitute
the only agreement amongst the Parties.
No addition to, or alteration of, the terms of this AB109 MOU, whether by written
or verbal understanding of the Parties, their officers, agents or employees, shall
be valid unless made in the form of a written amendment to this AB109 MOU
which is formally approved and executed by all Parties. This AB109 MOU may be
amended at any time with the written concurrence of all Parties. Consideration
for amendment will be given upon written notification by one Party to all other
Parties. The Parties will also review this AB109 MOU at least annually and
modify as needed.
This AB109 MOU can be terminated, with or without cause, by the approval of at
least two-thirds (2/3) of the Parties at a meeting of ARCCOPS. The ARCCOPS
meeting minutes shall be evidence of such action, and written notice of such
action and its effective date shall be provided to all Parties within three (3)
calendar days. The termination shall be effective not less than (30) days
following such action, unless termination is due to a lack of funding, in which
case the effective date can be sooner if the funding will be exhausted sooner.
Additional members of the PACT can be added to this AB109 MOU and become
AB109 PACT Members through a duly approved and executed amendment. If
such addition is effective in the middle of a fiscal year, all Parties shall also
approve, within such amendment, a reallocation of AB109 Funds.
Any participating AB109 PACT Member can withdraw participation in this AB109
MOU, with or without cause, upon thirty (30) days written notification to all other
Parties. Participation withdrawal will take effect thirty (30) days following receipt
by the AB109 PACT Fiscal Agent of such notification. Following withdrawal of
any Party, the terms and conditions of this AB109 MOU shall continue in full
force for the remaining Parties. Allocated funds remaining from the withdrawing
AB109 PACT Member will be reallocated to the remaining AB109 PACT
Members.
5.0 FINANCIAL AND AUDIT RESPONSIBILITIES
Similar to past practice, the assigned AB109 PACT Fiscal Agent will accept all
AB109 Funds received from the State Controller's Office (whether referred to as
AB109 front line enforcement funding, public safety realignment funding or any
other term related to AB109) into an interest bearing account.
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MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
Effective July 1, 2015, any AB109 Funds received by and/or transferred to the
AB109 PACT Fiscal Agent will be accounted for in a separate fund designated
for A6109 MOU purposes.
Annually, the assigned AB109 PACT Fiscal Agent shall prepare the approved
annual allocations assigned to each AB109 PACT Member for the upcoming
fiscal year, in a format substantially similar to the allocation report detailed in
Exhibit "C" attached hereto and incorporated herein by reference ("AB109 Annual
Allocation Report"). The AB109 PACT Fiscal Agent will distribute the AB109
Annual Allocation Report to each AB109 PACT Member.
The AB109 PACT Fiscal Agent shall also designate on the AB109 Annual
Allocation Report an administrative allowance equivalent to 1 % of the AB109
Funds received by all AB109 PACT Members for that fiscal year ("Fiscal Agent
Allowance"). The Fiscal Agent Allowance shall be received by the AB109 PACT
Fiscal Agent to offset the cost of the responsibilities outlined in this AB109 MOU,
including, without limitation, account management and reconciliation and
overseeing reimbursement of direct personnel and other costs and expenses
allowed under this AB109 MOU.
The AB109 PACT Fiscal Agent shall also designate on the AB109 Annual
Allocation Report an allowance for annual third party year-end audit services
("Audit Allowance"). The Audit Allowance may be used by the AB109 PACT
Fiscal Agent for any required or needed third party year-end audit services.
The AB109 PACT Fiscal Agent shall also designate on the AB109 Annual
Allocation Report an administrative allowance to compensate the host AB109
PACT Member ("Host Member") for its costs in hosting meetings, supporting the
operational needs of the PACT and other designated activities pursuant to this
AB109 MOU. The current Host Member is the City of Riverside. ARCCOPS, by
and through the CCPEC, may approve a change in the Host Member.
The AB109 PACT Fiscal Agent shall provide AB109 PACT Members with
quarterly written reports of the AB109 Funds, as well as a fiscal year end written
report detailing the Statement of Changes in Assets and Liabilities.
Additional fiscal responsibilities are listed under Section 12.0 of this AB109 MOU.
The Parties agree that any duly authorized representative of a Federal or State
agency with jurisdiction over the A6109 Funds, as well as any Party to this
AB109 MOU ("Authorized Auditing Party"), shall have the right to audit, inspect,
excerpt, copy or transcribe any pertinent records, electronic data and
documentation relating to this AB109 MOU. Any exception, as it relates to this
AB109 MOU, resulting from an audit conducted by an Authorized Auditing Party
shall, if accepted by ARCCOPS by and through the CCPEC, shall be the
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responsibility of all AB109 PACT Members. Any reimbursement or payment
made to a Party which is identified as disallowed by an audit conducted by an
Authorized Auditing Party, if accepted by ARCCOPS by and through the CCPEC,
must be paid in full by such Party upon demand or, at the discretion of the AB109
PACT Fiscal Agent, may be withheld against the Party's future distribution.
6.0 RECORDS RETENTION
Each Party agrees to retain all records pertaining to this AB109 MOU for the
period of ten (10) years after invoice payment. If, at the end of the retention
period, there is ongoing litigation or an audit involving those records, each Party
shall retain the original records until the resolution of such litigation or audit, as
determine and directed by the AB109 PACT Fiscal Agent.
7.0 CONFIDENTIALITY
All Parties agree to maintain the confidentiality of all information in accordance
with all applicable Federal, State and local laws and regulations.
8.0 HOLD HARMLESS AND INDEMNIFICATION
Each Party agency agrees to indemnify and hold the other Parties harmless from
any and all liability for death, injury and/or damage, actual or alleged, to persons
or property, arising out of, or resulting from negligent acts or omissions of the
indemnifying Party or its employees relating to this AB109 MOU. When the
AB109 PACT Fiscal Agent or the AB109 PACT Members collectively, of their
agents, are held liable for deaths or injuries to persons or property for negligent
acts or omissions relating to this AB109 MOU, each Party's liability for
contribution or indemnity for such injuries shall be based proportionately upon the
contributions of each Party. In the event of liability imposed upon any of the
participating agencies for death, injury and/or damage which is caused by the
negligent or wrongful act or omission of any of the Parties in the performance of
this AB109 MOU, the contribution of the Party or Parties not directly responsible
for the negligent or wrongful act or omission shall be limited to $100.00. The
Party or Parties directly responsible for the negligent or wrongful acts or
omissions shall indemnify, defend, and hold the other Parties harmless from any
liability for death, injury and/or damage arising out of the performance of this
AB109 MOU.
9.0 ASSIGNMENT
This AB109 MOU shall not be assigned by any Party hereto, either in whole or in
part, without prior written consent of the other Parties. Any assignment or
purported assignment of this AB109 MOU without the prior written consent of the
other Parties will be deemed void and of no force or effect.
10.0 LICENSE AND CERTIFICATIONS
By executing this AB109 MOU, all Parties verify that all personnel who perform
work on their behalf pursuant to this AB109 MOU will possess a current and valid
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license/certification if required in compliance with any local, State, and Federal
laws, and that all work will be performed by properly trained and licensed/certified
staff.
11.0 COMPLIANCE, GOVERNING LAW, AND SEVERABILITY
This AB109 MOU is intended to comply with all applicable Federal, State, and
local laws and regulations. In the event there is a conflict between various
applicable laws and regulations, the AB109 PACT Members shall comply with
the more restrictive law or regulation. Any legal action related to this AB109
MOU shall be filed only in the Superior Court for the State of California in
Riverside, California. All Parties shall be obligated to attend a mediation session
before a neutral third -party mediator prior to the filing of any legal action. If any
provision in this AB109 MOU is held by a court of competent jurisdiction to be
invalid, void or enforceable, the remaining provisions will nevertheless continue
in full force without being impaired or invalidated in any way.
12.0 FINANCIAL REPORTS / REIMBURSEMENT
12.1 Financial Reportinq:
Four financial reports are to be submitted quarterly by each AB109 PACT
Member during each fiscal year covering the following periods:
Quarter Reportinq Period (Exhibit A)
1 July 1 — September 30
2 July 1 — December 31
3 July 1 — March 31
4 July 1 — June 30
The approved template for financial report submission is attached hereto
as Exhibit "A" and incorporated hereby by reference. The template, which
is similar to the forms used by the Community Corrections Partnership
Executive Committee (CCPEC) or County Funding, shall not be deviated
from unless authorized in advance by the AB109 PACT Fiscal Agent.
12.2 Method, Time and Schedule / Condition of Payments:
Four invoices are to be submitted quarterly by each AB109 PACT Member
during each fiscal year covering the following periods:
Quarter Reimbursement Period (Exhibit B)
1 July 1 — September 30
2 October 1 — December 31
3 January 1 — March 31
4 April 1 — June 30
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Within thirty (30) days of the end of each quarter in which services were
rendered, each participating AB109 PACT Member shall prepare and
submit to the AB109 PACT Fiscal Agent a reimbursement claim for
services and expenditures performed and incurred during the quarter.
The approved template for invoice submission is attached hereto as
Exhibit "B" and incorporated hereby by reference. The template, which is
similar to the forms used by the Community Corrections Partnership
Executive Committee (CCPEC) or County Funding, shall not be deviated
from unless authorized in advance by the AB109 PACT Fiscal Agent.
Upon its review and approval, the AB109 PACT Fiscal Agent shall process
each claim within fifteen (15) business days.
Invoices for the June 30 year-end period should be submitted to the
AB109 PACT Fiscal Agent by July 31 or the next available business day.
Any outstanding item should be included in the final fiscal year-end
invoice.
If AB109 PACT Members cease provision of services under this AB109
MOU for any period, then no payment will apply for that period. The
AB109 PACT Fiscal Agent will reimburse AB109 PACT Members for
services and/or other expenses provided in accordance with the terms and
conditions contained herein.
Additional clarifications on the reimbursement process are provided as
part of the AB109 PACT Invoice Frequently Asked Questions, attached
hereto as Exhibit "D" and incorporated hereby by reference.
12.3 Compensation / Maximum Amount:
Maximum allowable costs or reimbursements for an AB109 PACT
Member under this AB109 MOU shall not exceed the annual amounts
allocated to such AB109 PACT Member, as detailed in AB109 Annual
Allocation Report provided for in Section 5.0 above.
12.4 Desiqnations / Contingencv:
Similar to the approved CCPEC direction on December 20, 2011, any
portion of the AB109 Funds, including any AB109 PACT Member
allocations, remaining at the end of each fiscal year shall be designated as
contingency and can be retained and used by the AB109 PACT Members
in following fiscal years. AB109 PACT Members, by majority vote at a
meeting of ARCCOPS, shall determine and approve the use of such
contingency funds. The ARCCOPS meeting minutes will serve a
supporting documentation for approved use of the contingency funds.
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On October 5, 2015, it was further decided by AB109 PACT Members that
one year of labor allocation for each of the Parties to this AB109 MOU
(collectively, $1,462,750) will be set aside from the existing contingency
funds as a dedicated personnel reserve contingency ("Personnel Reserve
Contingency"). The Personnel Reserve Contingency shall be retained and
allocated only if the State AB109 Funds cease. The AB109 PACT Fiscal
Agent shall designate the Personnel Reserve Contingency on the AB109
Annual Allocation Report.
12.5 Use of Funds:
AB109 PACT Members shall not use any funds received pursuant to this
AB109 MOU for any other program, project, or purpose. AB109 PACT
Members shall not use realignment funds to supplant by claiming
reimbursement from the AB109 PACT Fiscal Agent for any costs which
have been paid by another source of revenue. Each AB109 PACT
Member agrees that it will not use funds received pursuant to this AB109
MOU, either directly or indirectly, for purposes of obtaining funds under
any other program without prior written approval of the AB109 PACT
Fiscal Agent.
12.6 Disallowance:
AB109 PACT Members must refund any payment or reimbursement for
services pursuant to this AB109 MOU which is later disallowed by the
AB109 PACT Fiscal Agent for nonconformance with the terms and
conditions herein. Such amount must be paid in full by such Party upon
demand or, at the discretion of the AB109 PACT Fiscal Agent, may be
withheld against the Party's future distribution.
12.7 Availabilitv of Fundinq:
The AB109 PACT Fiscal Agent's obligation for payment under this AB109
MOU is contingent upon the availability of funds from which payment can
be made, and/or any Board of State and Community Corrections (BSCC)
requirements.
13.0 NOTICES
All notices, claims, correspondence, reports, and/or statements authorized or
required by this AB109 MOU shall be addressed as follows:
Assiqned AB109 - PACT Fiscal Agent:
Corona Police Department
730 Public Safety Way
Corona, CA 92880
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For Fiscal Services Assistance:
Barbara Thierjung, Public Safety Finance Deputy Director
(951) 736-2314
Barbara.Thierjung@ci.corona.ca,us
Chief of Police:
Michael E. Abel, Chief of Police
(951) 736-2288
Michael.Abel@ci.corona.ca.us
The addresses for all other Parties shall be noted on their respective signature
pages attached hereto.
All notices shall be deemed effective when they are made in writing, addressed
as indicated above, and deposited in the United States mail. Any notices,
correspondence, reports, and/or statements authorized or required by this AB109
MOU addressed in any other fashion will not be acceptable.
[SIGNATURES ON FOLLOWING 8 PAGES]
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MEMORANDUM OF UNDERSTANDING CONTRACT NO. C35050
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CITY OF CORONA
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Michael E. Abel, Chief of Police
Corona Police Department
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CITY OF INDIO
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Richard P. Twiss, Chief of Police
Indio Police Department
Address for Notices (Section 13.0)
Name:
Richard P. Twiss
Title:
Chief of Police
Address:
46800 Jackson Street Indio, CA 92201
Phone:
(760) 391-4030
Email:
rtwiss@indiopd.org
Date
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CITY OF LAKE ELSINORE
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Leonard Hollingsworth, Sheriff Captain (RSO) Date
Lake Elsinore Police Department
Address for Notices (Section 13.01
Name:
Leonard Hollingsworth
Title:
Sheriff Captain
Address:
130 South Main Street Lake Elsinore, CA 92530
Phone:
(951) 245-3333
Email:
Iholling@riversidesherriff.org
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CITY OF MORENO VALLEY
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Joel Ontivaros, Sheriff Captain (RSO) Date
Moreno Valley Police Department
Address for Notices (Section 13.0)
Name: Joel Ontiveros
Title: Sheriff Captain
Address: 14177 Fredrick Street P.O. Box 880025 Moreno Valley CA 92552
Phone: (951) 486-6700
Email: jontiver@riversidesherriff.org
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CITY OF MURRIETA
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Sean Hadden, Chief of Police
Murrieta Police Department
Address for Notices (Section 13.0)
Name:
Sean Haddon
Title:
Chief of Police
Address:
1 Towne Square Murrieta, CA 92562
Phone:
(951) 461-6320
Email:
shadden@murrieta.org
Date
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MEMORANDUM OF UNDERSTANDING CONTRACT NO. C35050
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CITY OF PALM DESERT
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Susan Trevino, Sheriff Captain (RSO) Date
Palm Desert Police Department
Address for Notices (Section 13.0)
Name:
Susan Trevino
Title:
Sheriff Captain
Address:
73705 Gerald Ford Drive Palm Desert, CA 92201
Phone:
(760) 836-1600
Email:
satrevin@riversidesherriff.org
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CITY OF RIVERSIDE
SIGNATURE PAGE
IN WITNESS WHEREOF, this AB109 MOU has been executed on behalf of this Party,
as evidenced by the signature of its duly authorized representative as of the day and
year written herein below.
Sergio G. Diaz, Chief of Police
Riverside Police Department
Address for Notices (Section 13.0)
Name:
Sergio G. Diaz
Title:
Chief of Police
Address:
4102 Orange Street Riverside, CA 92501
Phone:
(951) 826-5940
Email:
sdiaz@riversideca.gov
Date
CA\1)1)\15000 10106\10162082 5
Page 1 17
CONTRACT NO. C35050
MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
Exhibit "A"
AB109 Pact Quarterly Financial Summary Report Template
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CA\DD\15000 10106\10162082 5
Page 1 18
CONTRACT NO. C35050
MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
Exhibit "B"
AB109 Pact Invoice Template
(Shown with Corona logo; Each Party would use its own logo)
INVOICE:
City Name DATE:
NA City Address DUE DATE:
Bill to:
CITY OF CORONA
CORONA POLICE DEPARTMENT
730 PUBLIC SAFETY ROAD
CORONA, CA 92880
Invoice Type: AB109 PACT Description: Q1 / 2015
Description Total Price
City of Corona Reimbursement for (Month) Services
1) Salaries and Benefits (Period: 7/1/15-9/30/15) $
2) Supplies (receipts attached) $
(Total Due $ -
Documentation with invoice includes copies of timesheets for billing period and verification of salary and benefits rates
charged. Please note, for confidentiality purpose, original timesheets and any further verification of employees compensation
will be on file with the City of (City Name), Human Resources Department and available to an authorized auditing official for
review.
I, the undersigned, hereby certify the above claim submitted for reimbursement are true and correct Realignment expenditures
in accordance with the Memorandum of Understanding (MCU) between the AB109 Post -Release Accountability and
Compliance Team Fiscal Agent (AB109 PACT FISCAL AGENT) and the Post -Release Accountability and Compliance Team (A6109
PACT).
Signature Title Date
Please remit payment to:
(Provide city information)
C A\DD\ 15000 10106\ 10162082 5
Page 1 19
CONTRACT NO. C35050
MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
Exhibit "C"
State of California Board of State and Community Funding
FY 2015-16 Maximum Distribution of AB109 Funds
Fiscal Agent / Administrative Costs 1 % of AB109 Funding
Fiscal Agent / Third Party Year -End Audit Services $ TBD
Host City Operational Costs $ TBD
Contingency Balance Forward $ TBD
Personnel Reserve Contingency $ 1,462,750
AB109 Team Member Allocations:
City of Corona $ 178,250
City of Indio $ 178,250
City of Lake Elsinore (RSO) $ 178,250
City of Moreno Valley (RSO) $ 178,250
City of Murrieta $ 178,250
City of Palm Desert (RSO) $ 178,250
City of Riverside $ 215,000
" AB 109 PACT Members with sergeants assigned to the PACT teams receive $215, 000
each. After deduction of the increased amounts, the balance of funds is distributed
evenly amongst the remaining AB 109 PACT Members.
As provided for in Section 12.4 of the AB109 MOU, any portions of the AB109 fund set
up by the AB109 PACT Fiscal Agent that remain unused at the end of the fiscal year, as
well as earned interest, will be subject to allocation and use by AB109 PACT Members.
If the AB109 Funds authorized by the State in a given fiscal year are less than the total
year allocation indicated above, the AB109 PACT Fiscal Agent is authorized to use
contingency funds to make up the balance.
CA\DD\15000 10106\ 10 162082 5
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CONTRACT NO. C35050
MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
Exhibit "D"
AB109 PACT Invoice Frequently Asked Questions
1. Staff Substitution for Another PACT Agency
a. What is the process to submit claims when substituting a AB109 PACT
Member staff by another Police Department due to staff shortages?
i. The Police Department providing the staff substitution must bill the
AB109 PACT Member suffering the staff shortage.
ii. The AB109 PACT Member suffering the staff shortage will then
submit their monthly claim to the AB109 PACT Fiscal Agent. The
claim should include back-up documentation reflecting invoices and
payment to the substituting Police Department for staff services
rendered. Any back-up documentation provided by the substituting
Police Department (such as timesheets) should be included in the
monthly claim.
iii. AB109 PACT Members cannot bill against another AB109 PACT
Member's allocation.
2. Mileage Claims
a. What documentation is required to submit for mileage claims?
i. A mileage log reflecting record of what miles are used for AB109
MOU funded PACT specific duties is sufficient back-up for a
mileage claim.
b. What if a vehicle is 100% AB109 MOU Funded?
i. Fuel reimbursement statements reflecting the vehicle's mileage use
over the course of the fiscal year is sufficient back-up for mileage
reimbursement.
3. EauiDment And Other Claims
a. What documentation is required to submit for equipment and other
claims?
i. A paid invoice is sufficient back-up for AB109 MOU funded PACT
specific equipment or other claims.
CA\DD\15000 10106\10162082 5
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CONTRACT NO. C35050
MEMORANDUM OF UNDERSTANDING
REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 PACT MEMBERS
4. Staff Time
a. Can vacation, sick, and compensation time earned be paid?
i. Yes, vacation, sick, and compensation time earned while
performing AB109 MOU funded PACT duties can be paid.
ii. Detailed tracking of when the time is earned and when it is paid will
need to be provided as back-up to the claim. The tracking is
necessary to ensure no duplication of payment is requested (i.e.
reimbursement for compensation time on one pay period and on
the next pay period requesting reimbursement for time -off using
those same backed compensation time hours). A tracking sheet
can be provided upon request.
iii. AB109 PACT Members that allow their officers to `sell back' their
compensation time at the end of the year can claim those hours as
part of their reimbursement. Detailed tracking reflecting that the
compensation time is earned while performing AB109 MOU funded
PACT duties must be submitted as back-up.
b. Our Police Department uses electronic timesheets. Is a report from the
timesheet system acceptable back-up?
i. Yes, a report from the timesheet system is acceptable as long as it
reflects when the employee approved their timesheet and when the
supervisors counter -approved their timesheets.
C A\DDU 5000 10106\10162082 5
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