HomeMy WebLinkAboutC31350 Memorandum of Understanding (MOU) California Office of Traffic Safety Avoid the 30 Driving Under the Influence Grant ProgramCONTRACT No. C31350
CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF RIVERSIDE, TO PARTICIPATE IN A CALIFORNIA
OFFICE OF TRAFFIC SAFETY AVOID THE 30 DUI GRANT
PROGRAM FOR FY 2011-2012 (October 1, 2011-September 30,
2012).
SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager
DATE: November 10, 2011
CONTENTS: AVOID the 30 Enforcement Program MOU
Recommendation
By Minute Motion, authorize the City Manger to enter into a Memorandum of
Understanding (MOU) agreement with the City of Riverside, to participate in a California
Officer of Traffic Safety (OTS) AVOID the 30 DUI grant program for FY 2011-2012
(October 1, 2011 — September 30, 2012).
Commission Recommendation
At the time this report was prepared, the Public Safety Commission did not review this item
(meeting scheduled for November 9, 2011). An oral report on the Commission's actions
can be provided if requested.
Background
The AVOID Anti -DUI Program was launched in the winter of 1973 to bring law enforcement
agencies together in countywide clusters to crack down on the drinking drivers and reduce the
number of deaths and injuries caused by alcohol related crashes. Funding, provided by grants
from the California Office of Traffic Safety (OTS), allows counties to add overtime hours,
reassign officers, and conduct public awareness campaigns during increased enforcement
periods.
The overall goal of the awareness campaign is to let drivers know about the countywide
increased enforcement periods and warn drivers 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, Avoid Patrols deploy on
nights with high incidents of DUI offenders and DUI collisions such as Halloween, Super Bowl
Sunday, St Patrick's Day and Cinco De Mayo.
The AVOID the "30" name references the approximately 30 law enforcement agencies within
Riverside County. These agencies cooperatively participate in the California OTS program
forming our own regional team. The Riverside Police Department currently manages the
Riverside County AVOID program. As such, participating municipalities must enter into an MOU
with the City of Riverside in order to collect reimbursement funds for participation.
Staff Report -AVOID the 30 MOU
November 10, 2011
Page 2 of 2
The Palm Desert Police Department intends to assign officers to participate in the programs on
a limited basis. Deployments are rotated amongst 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. Staff recommends approval to enter into this MOU with the City of
Riverside.
Fiscal Analysis
OTS grant funds for the FY 2011-2012 AVOID the 30 program are in the amount of
approximately $175,000 for all participating agencies. Palm Desert Police accounting staff
Station handle the creation of all invoices routed to the City of Riverside for distribution of
reimbursement for the City of Palm Desert's applicable enforcement activities. No additional
funding or allocation is necessary and this program will not impact the City's General Fund.
Account #229-4210-422-3919 has been established for this purpose.
Submitted By:
Stephen'Y. Ary4n, Assistant
Reviewed by:
Lt. An
CITY COTJNCIL gT'ION
APPROVED ✓✓ DENTED
OTHER
e City Manama F
Desert Police Depa
Paul S. Gibson, Director of Finance
Approval:
Wohlmuth, City Manager
VEMFIFD BY:
6Ma I on File with City Wrk's Office
Contract No.C31350
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 , 2011, by and between, the City of Riverside, through
its Police Department ("City") and the City of Palm Desert, 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, 2011 and
September 30, 2012 ("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, Riverside Community College
Police, and the California Department of Park and Recreation.
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, 2011 through
September 30, 2012, 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, 2011 through September 30, 2012. The parties understand that
Participating Agency's employees will provide the services herein on an overtime basis.
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# 20287
Contract No. C31350
Page 2
The 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,
2011, and shall conclude on September 30, 2012, 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 tests administered (FST), number of DUI arrests, number of
drug arrests, number of criminal (in custody) arrests, number of felony arrests, number
of misdemeanor arrests, number of felony warrant arrests, number of confiscated
weapons, number of drivers with suspended/revoked 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 felony arrests, number of misdemeanor arrests, number of felony warrant arrests,
number of confiscated weapons, narcotic arrests, confiscated weapons, number of
drivers with suspended/revoked 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 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 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.
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# 20287
Contract No. C31350
Page 3
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 $174,786.28 or as modified and approved by OTS 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 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
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# 20287
Contract No. C31350
Page 4
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.
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:
Dawn Reynolds
Traffic Bureau Police Service Representative
8181 Lincoln Avenue
Riverside, CA 92504
(951) 826-8730
Avoid30@riversideca.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.)
Contract No. C31350
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# 20287
CITY OF RIVERSIDE
Approved by.
Page 5
PARTICIPATING AGENCY
(City of Palm Desert)
Reviewed and Accepted by Participating
Agency:
Scott C. Barber Signature
Interim 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#11-1961
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