HomeMy WebLinkAboutRatification Memorandeum of Understanding - Office of Traffic Safety Avoid the 30 DUI Grant Program Fiscal Year 2010 / 2011g�
CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: RATIFY THE CITY MANAGER AUTHORIZATION TO ENTER
INTO A MEMORANDUM OF UNDERSTANDING (MOU)
AGREEMENT WITH THE CITY OF RIVERSIDE TO PARTICIPATE
IN A CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) AVOID
THE 30 DUI GRANT PROGRAM FOR FY 2010-2011.
SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager
DATE: Thursday, January 13, 2011
CONTENTS: 1. Riverside Police Department AVOID the 30 Enforcement
Program Memorandum of Understanding
2. Public Safety Commission Draft Minutes (November 10, 2010)
Recommendation
By Minute Motion, ratify the City Manager's authorization to enter into a
Memorandum of Understanding (MOU) agreement with the City of Riverside to
participate in a California Office of Traffic Safety (OTS) AVOID the 30 DUI grant
program for FY 2010-2011.
Commission Recommendation
On November 10, 2010, the Public Safety Commission recommended approval to
authorize the City Manager to enter into a Memorandum of Understanding (MOU)
agreement with the City of Riverside to participate in a California Office of Traffic Safety
(OTS) AVOID the 30 DUI grant program for FY 2010-2011.
Background
The AVOID Anti -DUI Program was launched in the winter of 1973 to bring law
enforcement agencies together in countywide clusters to reduce the number of deaths
and injuries caused by alcohol related crashes. Funding provided by grants from the
California Office of Traffic Safety (OTS) permits counties to add overtime hours,
reassign officers, and conduct public awareness campaigns during the increased
enforcement periods.
The overall goal of the awareness campaign is to inform drivers about the countywide
increased enforcement periods and warn them that the only way to ""Avoid" the county's
law enforcement officers is to drive sober. Increased enforcement periods are active
statewide during the National Anti DUI Mobilization Campaigns, which are Mid -
December through New Years; Mid -August through Labor Day weekend and during the
high traffic holiday periods on Memorial Day weekend and Independence Day weekend.
Additionally, deployments also occur on nights with high incidents of DUI offenders/
collisions such as Halloween, Super Bowl Sunday, St Patrick's Day and Cinco de Mayo.
Staff Report: Avoid the 30 Program
January 13, 2011
Page 2 of 2
The AVOID the "30" name references the approximately thirty law enforcement
agencies within Riverside County. These agencies cooperatively participate in the
California OTS program forming a regional team. The Riverside Police Department
currently manages the Riverside County AVOOD program. As such, participating
municipalities must enter into an MOU with the City of Riverside in order to collect
reimbursement funds for participation.
The Palm Desert Police Department intends to assign officers to participate in the
programs on a limited basis. Deployments are rotated among participating agencies.
Deployments typically consist of DUI saturation patrols or DUI checkpoints. All officers
working an AVOID program do so on overtime. No regular public safety tasks or police
operations will be impacted by participation in this program. In order for the Palm Desert
Police Department to be reimbursed for overtime related to Holiday DUI enforcement,
the City Manager authorized entering into a me
for this program. Staff respectfully
requests the City Council ratify this authorization.
Fiscal Analysis
An OTS grant funds the FY 2010-2011 AVOID the 30 program are in the amount of
$184,000 for all participating agencies. Accounting personnel at the Palm Desert Station
handle the creation of all invoices routed to the City of Riverside for distribution of
reimbursement to the City of Palm Desert. No additional funding or allocation is
necessary. Account #229-4210-422-3919 has been established for this purpose.
Submitted By:
Stephen Y. Aryan, Assi,*nt to the City Manager
Approval:
Paul S. Gibson, Director of Finance
Jo
,Prh )W Wohlmuth, City Manager
CITY COUNCIL AC' ION
APPROVED DENIED
RECEIVEDOTHER
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ABSENT: ►inn e_
ABSTAIN:
VERIFIED BY:
Original on File with City Clerks Office
O 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 , 2010, 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 October 1, 2010 and
September 30, 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 Cabazon, 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 Menifee, City of Moreno Valley, City of Murrieta, City of Norco, City of
Palm Desert, City of Palm Springs, City of Perris, City of Rancho Mirage, City of San
Jacinto, City of Temecula, University of Riverside Police, and Riverside Community
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 October 1, 2010 and September 30,
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 phases 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
October 1, 2010 and September 30, 2011, The parties understand that Participating
Agency's employees will provide the services herein on an overtime basis. The
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Project# AL1104
Page 2
services provided by Participating Agency under this Agreement shall comply with and
be subject to all 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 October 1,
2010, and shall conclude on September 30, 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) an-ests, number of suspended licenses, number
of unlicensed drivers, 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 unlicensed drivers, 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 Reouirem ,nts. 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 and/or 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 $184,000.00 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
c>
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Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Project# AL1104
Page 3
and as invoiced in accordance with Paragraph B, Invoice Requirements as stated
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. Re ention. 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. INQEMNIFI ATION. 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
Riverside Police Department
AVOID the 30 — Project# AL1104
Page 4
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, faxed, or emailed to City at the following number:
Karen Haverkamp
Traffic Bureau Administrative Supervisor
10540 Magnolia Ave. Ste. B
Riverside, CA 92505
(951) 353-7995
khaver@dversideca.gov
If you agree with the terms of this Memorandum of Understanding, please indicate by
signing and dating where indicated below.
(Signatures on following page.)
c
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Project# AL1104
01-
CITY OF RIVERSIDE
Approved by:
Page 5
PARTICIPATING AGENCY
(City of )
Reviewed and Accepted by Participating
Agency:
Bradley J. Hudson Signature
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#10-1899
OACyoorn\WPDocs\D0171P010100045590. DOC
PRELIMINARY MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING NOVEMBER 10, 2010
Commissioner Kirkwood moved to, by Minute Motion, approve the OTS Next
Generation — "Click It or Ticket" program for 2010-11. Motion was seconded by
Commissioner Nethery and carried unanimously.
4. Recommendation to accept CalCOPS Supplemental Law
Enforcement Services Funding (SLESF) for 2010-2011
Upon inquiry by Commissioner Butzbach, Lt. Shouse stated that
these CalCOPS Grant funds were the same as those received
annually for the past several years. He said they anticipate
receiving another $100,000 this year and has not heard that the
amount would be reduced. The Thief Suppression Program, which
is part of this funding, will begin the day after Thanksgiving and run
through January 2, 2011. Officers will work about 600 hours of
overtime located in the business district, the mall and the north end
of Palm Desert by Wal-Mart. The program has been very
successful and stats for the past several years demonstrate that the
more police officers on the streets during this time of year; the
lower incidents of thefts.
A discussion was held regarding the disbursement of the CalCOPS
grant monies.
Commissioner Butzbach moved to, by Minute Motion, approve the CalCOPS
Supplemental Law Enforcement Services Funding for 2010-11. Motion was seconded
by Commissioner Kirkwood and carried unanimously.
5. Riverside Police Department Avoid the 30 Enforcement
Program Memorandum of Understanding
Lt. Shouse said this proposal was a new item but not a new
program. The Avoid the 30 Program was organized by the state
wherein all local law enforcement agencies come together to
combat DUI driving. The City of Riverside administers the program
on behalf the agencies in Riverside County who are a part of the
MOU. Last year they had three deployments. The officers spent a
total of 48 hours at the three deployments. He said the program
was not large and was manageable for us.
Lt. Shouse stated that this program was separate from the OTS
Sobriety Checkpoint Mini -Grant program. The point of these
checkpoints was to deter DUls and they need to be spread around.
9
PRELIMINARY MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING NOVEMBER 10, 2010
Vice Chair Lebel moved to, by Minute Motion, approve the Riverside Police
Department Avoid the 30 Enforcement Program MOU. Motion was seconded by
Commissioner Kirkwood and carried unanimously.
VIII.
IX.
X.
XI.
CONTINUED BUSINESS
None
OLD BUSINESS
None
REPORT ON CITY COUNCIL ACTION (S)
Stephen Aryan reported that the City Council approved the Commission's
recommendation to go out to RFP for design services at Fire Stations 33
and 71. The RFP will go out within the next 30 to 45 days. In addition, the
City Manager also requested that the Quake Alert (CREWS) system be
included in the project.
Upon inquiry by Vice Chair Lebel, Mr. Aryan stated that there have not
been any improvements to the landscaping of the properties. The RFP
will require a cost estimate for design services. He stated that he was
uncertain as to how the landscaping would be handled but it would most
likely be done in-house.
REPORTS AND REMARKS
A. Citizens on Patrol Program
1. Monthly Reports for October 2010
Chair Lebel stated that the COPS did a good job at the Golf Cart
Parade.
2. Citizens on Patrol November 2010 Newsletter
B. Legislative Update
None
C. Police and Fire Departments
1. 2009 UCR Stats (Correction) — Lt. Shouse
5