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Home My WebLink AboutMOU "Avoid the 30 Enforcment /City of Riv and City of PDContRACT No. C27560 REQUEST: CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RIVERSIDE AND THE CITY OF PALM DESERT FOR THE "AVOID THE 30 ENFORCEMENT PROGRAM" DATE: April 10, 2008 CONTENTS: Proposed Memorandum of Understanding Draft Minutes of the March 12, 2008, Public Safety Commission RECOMMENDATION: By Minute Motion, approve a Memorandum of Understanding between the City of Riverside and the City of Palm Desert to participate in the "Avoid the 30 Enforcement Program" grant that will be administered by the City of Riverside. EXECUTIVE SUMMARY: Approval of this request will allow the City of Palm Desert, through its Police Department, to participate in the "Avoid the 30 Enforcement Program" through a grant secured by the City of Riverside. BACKGROUND: The City of Riverside, through its Police Department, has secured a grant to produce an "Avoid the 30 Enforcement Program" authorized for DUI operations for the period of March 1, 2008, through January 31, 2011. Participating agencies will provide DUI enforcement staff on an overtime basis which will be paid through this grant funding. The attached Memorandum of Understanding will authorize the City of Palm Desert, through its Police Department, to be a participating agency in this grant. Because the City of Palm Desert strives to provide its residents and visitors with :he utmost in public safety services, the Public Safety Commission recommended at its meeting of M aNth 12, 2008, that the City Council approve the attached MOU with the City of Riverside to Iory :he Palm Desert Police Department to participate in an "Avoid the 30 Enforcement Prqgra " f )r :he period of March 1, 2008, through January 31, 2011. No general fund monies are hequ steq or will be spent to implement or administer this program. w H W zx WH AO PATRICIA SCULLY, CFE SENIQ,R MANAG ENT ANALYST SHEILA R. GrrLIGAN ACM/COMMUNITY SERVIC S PAUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER CARLOS L. ORTEGA CITY MANAGER H 0 a\ OH F Pa4 0 U04a O FJ 0 "1 w 0 cn a> 0 H r-I CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RIVERSIDE AND THE CITY OF PALM DESERT FOR THE "AVOID THE 30 ENFORCEMENT PROGRAM" DATE: March 13, 2008 CONTENTS: PROPOSED MEMORANDUM OF UNDERSTANDING Recommendation: By Minute Motion, recommend that the City Council approve a Memorandum of Understanding between the City of Riverside and the City of Palm Desert to participate in the "Avoid the 30 Program" grant, which will be administered by the City of Riverside. Executive Summary: Approval of this request will allow the City of Palm Desert, through its Police Department, to participate in the "Avoid the 30 Enforcement Program", through a grant secured by the City of Riverside. Background: The City of Riverside, through its Police Department, has secured a grant to produce the "Avoid the 30 Program"for authorized DUI operations for the period of March 1, 2008, and January 31, 2011. Participating agencies will provide DUI enforcement staff on an overtime basis,which will be paid through this grant's funding. The attached Memorandum of Understanding will authorize the City of Palm Desert, through it's Police Department, to be a participating agency in this grant. No general fund monies will spent to implement and administer this program. Because the City of Palm Desert strives to provide its residents and visitors with the utmost in public safety services, staff recommends that the Public Safety Commission recommend that the City Council approve the attached MOU with the City of Riverside to allow the Palm Desert Police Department to participate in the "Avoid the 30 Program" for the period of March 1, 2008 through January 31, 2011. RIVERSIDE POLICE DEPARTMENT AVOID THE 30 ENFORCEMENT PROGRAM MEMORANDUM OF UNDERSTANDING This RIVERSIDE POLICE DEPARTMENT AVOID THE 30 PROGRAM IN RIVERSIDE COUNTY MEMORANDUM OF UNDERSTANDING �("Agreement") is made and entered into this day of , 2008, by and between, the City of Riverside, through its Police Department ("City") and the City of , through its Police Department ("Participating Agency"). RECITALS A. Riverside Police Department has secured a grant ("Grant") from the California Office of Traffic Safety ("OTS") to conduct a Regional Driving Under the Influence (DUI) enforcement effort, Avoid the 30, between March 1, 2008 and January 31, 2011 ("Program"). B. The Grant allows Riverside to reimburse designated police agencies that participate in the Avoid the 30 Program for authorized DUI operations on an overtime basis (150% of their hourly rate). Participating Agencies retained for the purpose of performing professional services for the Avoid the 30 Program may include the following: City of Banning, City of Beaumont, City of Blythe, City of Calimesa, City of Canyon Lake, Cathedral City, City of Coachella, City of Corona, City of Desert Hot Springs, City of Hemet, City of Indian Wells, City of Indio, City of Lake Elsinore, City of La Quinta, City of Moreno Valley, City of Murrieta, City of Norco, City of Palm Desert, City of Palm Springs, City of Perris, City of Riverside, City of San Jacinto, City of Temecula, University of Riverside Police, and Mount San Jacinto College Police. C. The parties wish to enter into this Agreement to take advantage of the Grant, subject to the rights and limits of the Grant, as administered through the City of Riverside. NOW, THEREFORE, City and Participating Agency, for the consideration hereinafter described, mutually agree as follows: 1. SCOPE OF SERVICES. During the term of March 1, 2008 and January 31, 2011, Participating Agency shall provide DUI enforcement staff on an overtime basis as staffing levels allow for the Avoid the 30 Program in Riverside County. Participating Agency commits to participate in the program as staffing levels allow and to encourage officers to emphasize DUI enforcement during all phase of the grant term. The City of Riverside agrees to adhere to the OTS grant programmatic, financial and statistical reporting and understands that adhering to the requirements is necessary to be reimbursed for DUI enforcement activities conducted during the time periods of March 1, 2008 to January 31, 2019. The parties understand that Participating Agency's employees will provide the services herein on an overtime basis. The services provided by Participating Agency under this Agreement shall comply with and be subject to all Memorandum of Understanding Page 2 Riverside Pofice Department AVOID the 30 — Project#AL0842 terms and limitations in the Grant and OTS. Participating Agency acknowledges and agrees that it has read the Grant and will abide by its terms in providing the services hereunder. 2. PERIOD OF PERFORMANCE. This Agreement is to commence on March 1, 2008, and shall conclude on January 31, 2011, unless terminated by either party with or without cause by giving at least thirty (30) days written notice to the respective party and specifying the effective date thereof. 3. STATISTICAL REPORTING. Participating Agency shall collect and report to City, the number of enforcement activities paid with funds from this Agreement. For DUI checkpoint activities, the following information must be collected and reported: number of vehicles passing through checkpoint, number of drivers screened at checkpoints, number of field sobriety test administered (FST), number of DUI arrests, number of drug arrests, number of criminal (in custody) arrests, number of suspended licenses, number of vehicles impounded, number of recovered stolen vehicles and all other arrests. For DUI roving patrol operations, the following information must be collected and reported: number of vehicle stops, number of FSTs administered, number of DUI arrests, number of drug arrests, number of criminal (in custody) arrests, number of suspended licenses, number of vehicles impounded, number of stolen vehicles and all other arrests. 4. ALLOWABLE COSTS AND PAYMENTS. A. Allowable Costs. Participating Agency shall bill for services rendered during DUI enforcement operations at its Police Department's actual overtime rate for on an overtime basis (150% of their hourly rate). B. Invoice Requirements. Invoices shall include dates and hours worked, officer's name, officer's overtime salary rate with allowable benefits, number of hours worked, and total dollars requested for overtime reimbursement. In addition, copies of overtime slips and/or ledger report(s) supporting actual hours and costs are required. The only benefit costs that OTS will reimburse are OASDI (Social Security), State Worker's Compensation and Medicare. City andlor Participating Agency's overhead costs will not be reimbursed. Invoices shall also include the statistics required by OTS as outlined in Item 3, Statistical Reporting. Invoices will not be paid if the statistics required by OTS are not submitted. C. Rate of Payment. Participating Agency will receive reimbursement for officer overtime through the Avoid the 30 Program as set forth in this Avoid the 30 Memorandum of Understanding. The amount reimbursed will not exceed the total sum allocated in the approved grant budget, Category C-Contractual Services, in the amount of $391,515.00 for all Participating Agencies. The amount the Participating Agency will receive will be based on actual staff hours worked for the Avoid the 30 grant program and as invoiced in accordance with Paragraph B, Invoice Requirements as stated Memorandum of Understanding Page 3 � Riverside Police Department AVOID the 30 — Project# AL0842 above. Funding is solely for reimbursement of officer overtime incurred during Avoid the 30 enforcement activities conducted during the Avoid the 30 enforcement period. D. Time Limit for Submitting Invoices. Participating Agency shall submit an invoice for services to the City of Riverside. The City shall not be obligated to pay Participating Agency for the services covered by any invoice if Participating Agency presents the invoice to the City more than thirty (30) days after the date the Participating Agency render the service, or more than thirty (30) days after this MOU terminates, whichever is earlier. 5. RECORDS A. Access. Participating Agency agrees to provide to City, to any Federal or State Department having monitoring or reviewing authority, to authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State and Local statutes, rules and regulations and the Memorandum of Understanding, and to evaluate the quality, appropriateness and timeliness of services performed, for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. B. Retention. City shall maintain and preserve in its possession all records relating to this Memorandum of Understanding for a period of at least three (3) years from the termination date of this Memorandum of Understanding, or until audit findings are resolved, whichever is greater. 6. INDEMNIFICATION. Except as to the sole negligence or willful misconduct of the City, Participating Agency agrees to indemnify, protect and hold harmless the City from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Participating Agency, or anyone employed by or working under the Participating Agency or for services rendered to Participating Agency in the performance of this Agreement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Participating Agency or anyone employed or working under the Participating Agency. 7. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Memorandum of Understanding Page 4 Riverside Police Department AVOID the 30 — Project#AL0842 8. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and the Participating Agency. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. 9. NOTICES. Formal notices, communications and demands for payment shall be made in writing and mailed or faxed to City at the following number: Karen Haverkamp Traffic Bureau Administrative Supervisor 10540 Magnolia Ave. Ste. B Riverside, CA 92505 (951) 353-7995 If you agree with the terms of this Memorandum of Understanding, please indicate by signing and dating where indicated below. (signatures on following page) Memorandum of Understanding Page 5 Riverside Police Department AVOID the 30 — Project#AL0842 CITY OF RIVERSIDE PARTICIPATING AGENCY (City of ) Approved by: Reviewed and Accepted by Participating Agency: Thomas M. DeSantis Signature Assistant City Manager Attest: Name Title Colleen J. Nicol City Clerk Date Signature Name Title Date Approved as to Form: James Brown Supervising Deputy City Attorney City of Riverside CA#08-0159 O:\Cycom\W PDocs\D029\P006\00001804.DOC PRELIMINARY MINUTES REGULAR PUBLIC SAFETY COMMISSION MEETING MARCH 12, 2008 K. Consideration of Memorandum of Understanding (MOU) between the City of Riverside and the City of Palm Desert for the °Avoid the 30 Enforcement Program" Lt. Taylor reviewed the staff report, noting that the City of Riverside had secured a grant to produce the °Avoid the 30 Program" for authorized DUI enforcement staff on an overtime basis. The MOU would authorize the Palm Desert Police Department to be a participating agency in this program. There would be no cost to either the City or the Palm Desert Police Department, as all overtime charges would be reimbursed by the grant. Mrs. Gilligan noted that the City had o�cially taken over control of Highway 74 on March 4, 2008, and should take control of Highway 111 in April. The street maintenanoe budgets would be increased accordingly. Upon question by Commissioner Lebel, Mrs. Gilligan responded that the City Attomey had not yet reviewed the MOU; however, she said it was not likely to change substantially from its current form. Commissioner Larsh moved to, by Minute Motion, recommend that the City Council approve the subject MOU between the City of Riverside and the City of Palm Desert to participate in the "Avoid the 30 Enforcement Program" grant, which will be administered by the City of Riverside. Motion was seconded by Commissioner Butrbach and carried by a 4-0 vote, with Vice Chairman Nethery ABSENT. VII. CONTINUED BUSINESS None VI11. OLD BUSINESS A. Report from City Manager Relative to Commercial Vehicle Enforcement Program Officer Cost Anatysis and Recommendation to the Cove Communities Services Commission Rec: By Minute Motion, receive and file. Action: B. Update Relative to Video Surveillance Pilot Program Rec: By Minute Motion, receive and file. 8