2008/03/01 Riverside Police Department Avoid the 30 Enforcement Program MOU 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 end day of June , 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, 2011. 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
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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 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 $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
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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.
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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)
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Riverside Police Department
AVOID the 30 — Project# AL0842
CITY OF RIVERSIDE PARTICIPATING AGENCY
(City of /Y aml Few )
Approved by: Reviewed and Accepted by Participating
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Tho as M. D Santis Signature
A istant Ci Manager
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Name
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Colleen J. Nicol
City Clerk Date
Signature
Name
Title
Date
Approved as to Form:
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James Brown
Supervising Deputy City Attorney
City of Riverside
CA#08-0159
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