Riverside City Police Dept Avoid the 30 Program/MOU 12RIVERSIDE 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 LJ day of 2012, by and between, the City of Riverside, through
its Police Department ("City`) and the City of La Quinla_ ........ 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, 2012 and
September 30, 2013 ("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 Eastvale, City of Hemet, City of Indian Wells, City of Indio, City of
Jurupa Valley, 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, 2012 through
September 30, 2013, 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, 2012 through September 30, 2011 The parties understand that
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# AL1387
Page 2
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 terns 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,
2012. and shall conclude on September 30, 2013, 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 acivities 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 drivers with
suspended/revoked licenses, 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
drivers with suspended/revoked licenses, 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.
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. TIIe amount reimbursed will not exceed the total sum
allocated in the approved grant budget, Category C-Contractual Services, in the amount
of $256,452.00 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,
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# ALf 387
Page 3
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
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.
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# AL1387
Page 4
7. GOVERNING I —. 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@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.)
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# AL1387
CITY OF RIVERSIDE
Approved by.'
Scott C. Barb r
City Manager
Page 5
PARTICIPATING AGENCY
(City of LA Quinta
Reviewed and Accepted by ParNdoaffng
Attest
Frank Spevacek
Name
City Manager. City of La Quints
Title
Colleen 4Q5 A
City CIO Date
aL
Signature
Approved as to Form.
James Brown
Supervising Deputy City Attorney
City of Riverside
CA012-1917
o:1C)caotlN D=%DWSP014T0136109.DOC
Andrew Shouse
Name
Captain, La Quinta Police
Title
Date
APPROVED AS TO FORM:
SIGNW INCOLWMPARr
M. Katherine Jenson, City Attorney
City of La Quints, Californld
ATTEST:
Susan Maysels, City erk
City of La Quints, California
Memorandum of Understanding
Riverside Police Department
AVOID the 30 — Grant# AL1387
CITY OF RIVERSIDE
Approved by.•
Scott C. Barber
City Manager
Attest:
Colleen J. Nicol
City Clerk
Approved as to Fonn:
James Brown
Supervising Deputy City Attorney
City of Riverside
CA#12-1917
O'CMMIWPDocs1D0251P014100138108.00C
Page 5
PARTICIPATING AGENCY
(City of LA Quinta
Reviewed and Accepted by Participating
Agency:
Signature
Frank SDevacek
Name
City Manager. Citv of La Quinta
Title
Date
Signature
Andrew Shouse
Name
Captain, La Quinta Police
Title
Data
7 VED AST FOR
Mir
the ne City Attorney
City of La Qui California
ATTEST:
Susan Maysels, City Clerk
City of La Quinta, California