HomeMy WebLinkAboutContracts & Agreements_156-2012_CCv0002.pdf ONTARIO POLICE DEPARTMENT
AVOID THE 25 ENFORCEMENT PROGRAM
MEMORANDUM OF UNDERSTANDING
This ONTARIO POLICE DEPARTMENT AVOID THE 25 PROGRAM IN SAN
BERNARDINO COUNTY MEMORANDUM OF UNDERSTANDING ("Agreement") is
made and entered into this 1st day of October, 2012, by and between, the City of
Ontario, through its Police Department ("City") and the City of Redlands ("Participating
Agency").
RECITALS
A. Ontario 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 25, between October 1, 2012 and
September 30, 2013 ("Program").
B. The Grant allows Ontario to reimburse designated police agencies that
participate in the Avoid the 25 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 25 Program may include the
following: City of Adelanto, City of Apple Valley, City of Barstow, City of BigBear Lake,
City of Chino, City of Chino Hills, City of Colton, City of Fontana, City of Grand Terrace,
City of Hesperia, City of Highland, City of Loma Linda, City of Montclair, City of Needles,
City of Rancho Cucamonga, City of Redlands, City of Rialto, City of San Bernardino,
City of Twentynine Palms, City of Upland, City of Victorville, City of Yucaipa, City of
Yucca Valley, and the California University of San Bernardino 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
Ontario.
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 25 Program in San Bernardino
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 Ontario 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, 2013. 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
Memorandum of Understanding Page 2
Ontario Police Department
AVOID the 25 — Grant# 1388 - 16
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,
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 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 suspend ed/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.
C. Rate of Payment. Participating Agency will receive reimbursement for
officer overtime through the Avoid the 25 Program as set forth in this Avoid the 25
Memorandum of Understanding Page 3
Ontario Police Department
AVOID the 25 — Grant# 1388 - 16
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 $203,520 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 25 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 25 enforcement activities conducted during the Avoid
the 25 enforcement period.
D. Time Limit for Submitting Invoices. Participating Agency shall submit an
invoice for services to the City of Ontario. 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 fifteen (15) days after the date the
Participating Agency render the service, or more than fifteen (15) 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.
Memorandum of Understanding Page 4
Ontario Police Department
AVOID the 25 — Grant# 1388 - 16
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 numbers:
Harald Laub, Police Officer Donna Bailey, Management Analyst
Grant Coordinator Fiscal Coordinator
2500 S. Archibald Avenue AND 2500 S. Archibald Avenue
Ontario, CA 91761 Ontario, CA 91761
(909) 395-2001 x4612 (909) 395-2979
(909) 395-2718 (fax) (909) 395-2797 (fax)
Hlauba-ontariopolice.org Dbaileva-ontariopolice.org
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
Ontario Police Department
AVOID the 25— Grant# 1388 - 16
CITY OF ONTARIO PARTICIPATING AGENCY
(City of Redlands)
Approved by Reviewed and Accepted by Participating
Agency:
Chris Hughes Pete Aguilar
City Manager Mayor
Attest: Attest::
i
City Clerk Sam Irwin
City Clerk