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C13-11 Riverside County Probation Department and Post-Release Accountability and Compliance team Memorandum of Understanding-Signed by Frank Coe 4.22.13 illl / 0 I 7:'''''74s4h...4-"‘'14441 ("2,) F.: RI Lie'S' 444AZO RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM MEMORANDUM OF UNDERSTANDING iy RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY OFUNDER UNDERSTANDING TEAM MEMORANDUM 1 TABLE OF CONTENTS 3 2 1.0 Background 3 2.0 Purpose and Statement of Work. 3 4 4 3.0 Term 5 4.0 Amendment or Termination of MOU 4 5 6 5.0 Audits 5 7 6.0 Records Retention 5 8 7.0 Financial Reports 5 9 8.0 Confidentiality 10 9.0 Hold Harmless and Indemnification 5 6 11 10.0 Assignment 12 11.0 License and Certification 6 13 12.0 Compliance,Governing Law and Severability 6 7 14 13.0 Compensation 15 13.1 Maximum Amount 7 16 13.2 Method,Time and Schedule/Condition of Payments 7 17 13.3 Use of Funds 7 18 13.4 Disallowance 8 19 13.5 Availability of Funding 8 8 20 14.0 Notices 21 SIGNATURE PAGES 9 22 Exhibit A:Quarterly Financial Summary Report Template 17 23 Exhibit B:PACT Invoice Template 18 24 Page 12 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASEDCOMPLIANCE TEAM MEMORANDUM UNDERSTANDING 1 1.0 BACKGROUND 2 The Public Safety Realignment Act of 2011 (Realignment)limplementation by State Parole to be 3 convicted felons and parolees who were previously monitored 2011, the Community Corrections Partnership 4 supervised by Probation. On August 30, voted unanimously for the 5 Executive Committee (CCPEC) of Riverside County (County) 6 need of a county-wide law enforcement component. 7 8 This Memorandum of Understanding(MOU)is entered into by and between the County of 9 Riverside Probation Department (hereinafter Probation) and the members of the Post- 10 release Accountability and Compliance Team (hereinafter PACT) for the purposes of 11 funding PACT agencies. 12 13 2.0 PURPOSE AND STATEMENT OF WORK 14 The primary mission of PACT is to work with Probation to immediately focus on"high-risk" 15 andat-large/ Post Release Community Supervision (PRCS) offenders that pose the most 16 risk to publicsafety. The PACT will be dedicated to identifying and investigating "non- 17 compliant" PRCS offenders, locating and apprehending "at-large" and "high-risk" PRCS 18 offenders and performing compliance sweeps. Through sustained, proactive and 19 coordinated investigations, the PACT will be able to share information, serve warrants, 20 locate and apprehend PRCS violators and reduce the number of PROS offenders who 21 abscond. The support of the PACT allows Probation more time and resources to focus on 22 case management and compliance checks. 23 24 The eleven (11) city police chiefs, the Riverside County Sheriff, and the Riverside County 25 District Attorney have been working diligently with Probation to build the infrastructure 26 to support this type of critical enforcement. The PACT will be a county-wide multi- 27 jurisdictional team composed of the Beaumont Police Department, Cathedral City Police 28 Department, Corona Police Department, Desert Hot Springs Police Department, Hemet 29 Police Department, Indio Police Department, Murrieta Police Department, Palm Springs 30 Police Department, Riverside Police Department, Riverside County District Attorney, 31 Riverside County Sheriff's Department representing the seventeen Sheriff's contract cities 32 within the County and Probation. 33 34 This MOU is by and between Probation,the Beaumont Police Department, Cathedral City 35 Police Department, Corona Police Department, Desert Hot Springs Police Department, 36 Hemet Police Department, Palm Springs Police Department, and Riverside Police 37 Department for monetary reimbursement from realignment funds for expenses related to Page ( 3 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCA1U TABILY AND UM OF UNDERSTANDING COMPLIANCE TEAM MEMORANDUM 1 their participation in PACT. The police chief of the Beaumont Police Department is the 2 voting member of CCPEC and represents the participating PACT agencies. 3 4 Probation and PACT agree to the terms and conditions of or this modo ed aswhich defined in 5 effective immediately and remain in effect until terminated 6 section 4.0 of this MOU. 7 8 3.0 T_ 9 This MOU shall be effective upon execution by signature of the Chief Probation Officer of 10 Riverside County and the Chiefs of each participating PACT agency or their respective 11 designees. The term of this MOO shall be for the Riverside County fiscal year commencing 12 on July 1, 2012 and ending on June 30, 2013. Thereafter this MOU will automatically 13 renew, annually,for each entire fiscal year from July 1 to June 30 upon annual approval of 14 the County's Realignment budget by the CCPEC and shall remain in effect unless 15 terminated or modified as defined in section 4.0 of this MOU. 16 17 4.0 AMENDMENT OR TERMINATION OF MOU 18 This MOU, along with any incorporated attachments,fully expresses all understandings of 19 the parties concerning all matters covered and shall constitute the total MOU. No 20 addition to, or alteration of, the terms of this MOU whether by written or verbal 21 understanding of the parties, their officers, agents or employees, b shall be validnd unless 22 made in the form of a written amendment to this MOU formally app ed 23 by both Probation and each participating PACT agency. 24 25 This MOU may be amended at any time with the written concurrence of all parties. 26 Consideration for amendment will be given upon written notification by one party to the 27 others. Probation and PACT will review this MOU at least annually and modify as needed. 28 Any participating PACT agency can withdraw participation in this agreement with or 29 without cause upon thirty (30) days written notification to Probation and PACT. 30 Participation withdrawal will take effect thirty (30) days following receipt of notification g 31 and terms and conditions of this MOU continue in withdrawing or the PACT agencynwilAbe ACT 32 agencies. Allocated funds remaining from 33 reallocated to the remaining PACT agencies. 34 35 This MOU can be terminated with or without cause by either Probation or PACT upon 36 thirty (30) days written notification to the other party or due to unavailability of funding. 37 Termination of the MOU will take effect thirty (30) days following receipt of the written 38 notice of termination or upon effective date of funding expiration. Page 1 4 Y RIVERAC COTUNTABILIT PROBATION DEPARTMENT POST-RELEASEAND TEAM MEMORANDUM OF UNDERSTANDING 1 5.0 AA [SITS 2 PACT agrees that any duly authorized representative of the Federal,State, transcribe nyor City any 3 Government shall have the right to audit, inspect, excerpt, copy 4 pertinent records, electronic data and documentation relating to this MOU. Any audit 5 exception, as it relates to this MOU, resulting from an audit conducted by any duly 6 authorized representative of the Federal, State, County, or City Government shall be the 7 responsibility of the PACT agencies. Any audit adisallowance t the discretion of the Chief Probation 8 full upon demand if required, or may be withheld 9 Officer against amounts due to PACT under this or any PACT agreement with Probation. 10 11 6.0 RECORDS RETENTION 12 Each party agrees to retain all records pertaining to this MOU for the period indicated in 13 the Riverside County Records Retention General Schedule per Board of Supervisors Policy 14 A-43 unless otherwise indicated by the source of funds. If, at the end of the retention 15 period, there is ongoing litigation or an audit involving those records, each party shall 16 retain the original records until the resolution of such litigation or audit. 17 18 7.0 FINANCIAL REPORTS 19 Four financial reports are to be submitted quarterly by each PACT partner during each 20 fiscal year covering the following reporting periods: 21 Quarter Reporting Period 22 1 July 1—September 30 23 2 July 1—December 31 24 3 July 1—March 31 25 4 July 1—June 30 26 The CCPEC approved template for financial report submission is incorporated herein as 27 Exhibit A. The summary PACT report for each quarter will be compiled and presented to 28 CCPEC by Probation. Due dates for quarterly financial reports are established annually by 29 the CCPEC. 30 31 8.0 CONFIDENTIALITY 32 All parties agree to maintain the confidentiality of all information in accordance with all 33 applicable Federal,State and local laws and regulations. 34 35 9.0 HOLD HARMLESS AND INDEMNIFICATION 36 Each participating agency agrees to indemnify and hold the other participating agencies 37 harmless from any and all liability for death, injury and/or damage, actual or alleged, to 38 persons or property, arising out of, or resulting from negligent acts or omissions of the Page I 5 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM MEMORANDUM OF UNDERSTANDING 1 indemnifying party or its employees. When Probation, PACT itself or its agents are held 2 liable for deaths or injuries to persons or property,each party's liability for contribution or 3 indemnity for such injuries shall be based proportionately upon the contributions of each 4 participating agency. In the event of liability imposed upon any of the participating 5 agencies for death, injury and/or damage which is caused by the negligent or wrongful act 6 or omission of any of the parties in the performance of this MOU,the contribution of the 7 party or parties not directly responsible for the negligent or wrongful act or omission shall 8 be limited to $100.00. The party or parties directly responsible for the negligent or 9 wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless io from any liability for death, injury and/or damage arising out of the performance of this 11 MOU. 12 13 10.0 ASSIGNMENT 14 This MOU shall not be assigned by any party hereto, either in whole or in part, without 15 prior written consent of the other parties. Any assignment or purported assignment of 16 this MOU without the prior written consent will be deemed void and of no force or effect. 17 18 11.0 LICENSE AND CERTIFICATIONS 19 All parties verify upon execution of this MOU, that all work performed pursuant to this 20 MOU will possess a current and valid license/certification,when applicable, in compliance 21 with any local, State, and Federal laws and will be performed by properly trained and 22 licensed/certified staff. 23 24 12.0 COMPLIANCE GOVERNING LAW.AND SEVERABILITY 25 PACT shall comply with all applicable Federal, State,and local laws and regulations. In the 26 event there is a conflict between the various applicable laws and regulations, the PACT 27 shall comply with the more restrictive law or regulation. Any legal action related to this 28 MOU shall be filed only in the Superior Court for the State of California in Riverside, 29 California. All parties shall be obligated to attend a mediation session before a neutral 30 third-party mediator prior to the filing of any legal action. 31 32 If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void 33 or enforceable, the remaining provisions will nevertheless continue in full force without 34 being impaired or invalidated in any way. 35 36 Page 6 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM MEMORANDUM OF UNDERSTANDING 1 13.0 COMPENSATION 2 13.1 Maximum Amount: 3 Maximum allowable costs for FY2012/13 under this MOU shall not exceed 4 $1,419,940 as approved by CCPEC on October 18, 2012. Each PACT agency is 5 assigned an annual allocation of $200,000, totaling $1,400,000. The remaining 6 balance of $19,940 is held as contingency based on expenditures and its allocation 7 to be determined by the PACT agencies. 8 9 As approved by the CCPEC on December 20, 2011, any portion of the PACT 10 allocation remaining at the end of each fiscal year is to be reserved for use by the 11 PACT in the following fiscal year. 12 13 13.2 Method,Time and Schedule/Condition of Payments: 14 Within thirty (30) days of the end of each month in which services were rendered, 15 each PACT police department will prepare and submit to the Probation Principal 16 Accountant assigned to the program, via email, a reimbursement claim for services 17 and expenditures performed and incurred during the month. Using the invoice 18 template, incorporated herein as Exhibit B, claim documentation will include, but is 19 not limited to, an invoice with an itemized expenditure summary of Salaries & 20 Benefits and Services & Supplies; copies of timesheets, pay registers, and vendor 21 invoices or receipts,as applicable. 22 23 Upon review and approval, Probation shall process each claim within fifteen (15) 24 business days.The corresponding payment voucher will be forwarded to the County 25 Auditor-Controller's office for processing. 26 27 Each year, estimates for the month ending June 30 should be provided to Probation 28 by June 20 with the final invoice due July 31 or next available working day. 29 30 If PACT ceases provision of services for any period, then no payment will apply for 31 that period. Probation will reimburse PACT for services provided in accordance with 32 the terms and conditions contained herein. 33 34 13.3 Use of Funds: 35 PACT agencies shall not use any funds received pursuant to this MOU for any other 36 program, project, or purpose. PACT shall not use realignment funds to supplant by 37 claiming reimbursement from Probation for any costs which have been paid by 38 another source of revenue. PACT agrees that it will not use funds received pursuant Page 17 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASEMEMORANDUM UCOMPLIANCE TEAM MMNDUM OFNDERSTANDING 1 to this MOU, either directly or indirectly, for purposes of obtaining funds under any 2 other program without prior written approval of Probation. 3 4 13.4 Disallowance: 5 In the event PACT receives payment for services pursuant to this MOU which is later 6 disallowed for nonconformance with the terms and conditions herein by Probation, 7 PACT shall promptly refund the disallowed amount to Probation upon request, or at 8 its option, Probation may offset the amount disallowed from any payment due to 9 PACT under any PACT agreement with Probation. 10 11 13.5 Availability of Funding: 12 Probation's obligation for payment under this MOU is contingent upon the 13 availability of funds from which payment can be made. 14 15 14.0 NOTICES. 16 All notices,claims, correspondence, reports, and/or statements authorized or required by 17 this MOU shall be addressed for each location as follows: 18 19 Riverside County Probation Department 20 Douglas Moreno,Administrative Services Manager Ill 21 P.O. Box 833 22 Riverside, CA 92502 23 (951)955-2983 24 demoreno@rcprob.us 25 26 Post-release Accountability and Compliance Team 27 Frank Coe,Chief of Police 28 Beaumont Police Department 29 550 E.Sixth Street 30 Beaumont,CA 92223 31 (951) 769-8500 32 fcoe@beaumontpd.org 33 34 All notices shall be deemed effective when they are made in writing, addressed as 35 indicated above, and deposited in the United States mail. Any notices, correspondence, 36 reports, and/or statements authorized or required by this MOU addressed in any other 37 fashion will not be acceptable. 38 Page 18 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM MEMORANDUM OF UNDERSTANDING EzN6rTA-Qoatwlp Financial Swinnaly Repast Template AB 111 Community Caseation Pam Ezesub e Compitee FT BI3I3 Financial Repast-Operating Funds -teportirp Paid Dates) COPsAe.ee pone*Nose ogttinirMareunrk 0410101 Napsfas.Pail t1.1.10r41 P4640 praM K pgaaaerdgedgl Prrvwoia erreirmisa+e U atom miner_P_ nnet ism oanelne non 010000 Alai sai,.z ileakilmilit 111 II 111 : gas ># .: '- 0 ti i 0 2 sweesas y Id 4 11121.94014 / ._eMeil�lw/Ie tiAsaaeilm 0 0 _. 0 « 0 «I «I OlifilIMINUUMMINE .10011 ea 111000401.106$ Prdpdsdoiee PIVIVIIVised limed tietlle4s oar oaesahg a.*e 0 ala e 1 Mara r ainat ,. , 0 .! aad. : 40 ,- .& .!` e U !e Q a Tidal!Nom 0 0 0 0 01 II CIBC Apnea amorustl!! ospeanrsrsrimam* P4'wiu4 ANNIABE 100804011w11.2.e..s41 P44+0 t oeeaiaDenataeareltrr RBrceeDlastasIPPwaa aB r,eaeeeoee 11111 eelantaaetareri. arilAaisdenhmNsdrga6sss►armhsarllaiWrasPsibA ___,044; PIIMMesaealenle►a0em1 dNimaeMwitall atestio PUNNIrEdiM a. 40114m0ollRQC n IONI ieaa 14adleryeit 06501e0010e04100) sip: Paniai oda 1 2 3 Page 117 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM MEMORANDUM OF UNDERSTANDING Exhibit B PACT Invoice Template City Logo/letterhead INVOICE: DATE: DUE DATE: !M to: RIVERSIDE COUNTY PROBATION DEPARTMENT DOUGLAS MORENO,ADMIN SVC MGR III PO BOX$33 RIVERSIDE,CA 92502 brake Type:PACT Description: (Month)Invoice Dena on Total Pirko PACT(city Name)Rebesbursement for(Month)Services 1) Salaries and Benefits(Period:MM/DO/YY-MM/DD/TY) $ 2) Supplies(receipts attached) S Total Due S aoaeweerbdew with inrone iodides copies oftinedseets far bifx6 period and affiliation ofsalary and bandits rams demigod.Mere note,for cadide ddity purpose,original dowdreets and Off further wrilicalian of dryioyeescompensation ari be mile with the City of(fir ), mama Resources aaperoneet and evaibdde to on authorized weft°acid for renew. %the unders4red,bere *wally the above ctean subedited for reiimbassamst are true and correct Neshi me t a4eedSaa i a000rdanoe with the memorandum of tesdsrwandnC isectq between the Riverside county Probation Deportment and the Post Acamogiiily and Compliance Team PACT). Signature Title Date Please semitparymentloc Provide your City Wormed= 1 Page 118 RIVERSIDE COUNTY PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE 2 3 IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County 4 Probation Department and the Post-release Accountability and Compliance Team by the 5 signatures of the duly authorized respective agents,and the day and year written herein below. 6 7 8 '11111111 9 10 Z2 • / 3 11 Fr n`�hief of Police Date 12 Be•umont Police Department 13 Page j 10