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HomeMy WebLinkAboutA8476 - RIVERSIDE COUNTY PROBATIONCONTRACT ABSTRACT Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Contract Administration Lead Department: Contract Administrator: Contract Approvals Riverside County Probation Department ✓ Elizabeth Castillo (Fiscal Unit — Riverside County Probation Department) Amendment to agreement with Riverside County Probation Department and Post -release Accountability and Compliance Team (PACT) Reduction of reimbursable amount from $270,000.00 to $235,232.88. FY 21/22 Palm Springs Police Department Melissa Desmarais, Police Captain Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: A (T"r 7 L, F j Contract Compliance Exhibits: Signatures: Insurance: Bonds Contract prepared by: Captain Melissa Desmarais Submitted on: June 29, 2022 By: Captain Melissa Desmarais 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 Contracting Parties: Riverside County Probation Department 9 and 10 Post -Release Accountability and Compliance Team 11 12 ' Term of MOU: July 1, 2021 through June 30, 2022 13 14 Type of Service: Public Safety Realignment 15 16 This Memorandum of Understanding (MOU) between the County of Riverside, on behalf of its Probation 17 Department, hereinafter referred to as Probation, and the Post -Release Accountability and Compliance 18 Team, hereinafter referred to as PACT, is amended in the following particulars and no others: 19 20 1. Remove and Replace "Exhibit C" Distribution of Annual PACT Allocation with the attached. 21 Cathedral City and Palm Springs have mutually agreed to exchange their PACT personnel 22 responsibilities effective May 16, 2022. Said change requires each city's annual allocation to be 23 adjusted as dictated by the approved ARCCOPS memorandum (Exhibit E of the MOU). 24 25 Cathedral City Police Department will provide a sergeant from May 16, 2022 through June 30, 26 2022, and be eligible for reimbursement not to exceed $34,767.12 for remaining term of MOU. 27 Palm Springs will provide a sergeant from July 1, 2021 to May 15, 2022 and be eligible for an 28 annual reimbursement not to exceed $235,232.88. 29 30 2. All other terms and conditions of the Memorandum of Understanding not modified herein shall 31 remain unchanged. 32 33 34 The undersigned, as authorized representative of Probation and PACT, respectively, certify the 35 establishment of the First Amendment to the MOU. 36 37 38 39 SIGNATURES ON FOLLOWING PAGES 40 41 42 1 1 2 3 MEMORANDUM OF UNDERSTANDING 4 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 5 AND 6 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 7 FOR PUBLIC SAFETY REALIGNMENT 8 FIRST AMENDMENT 9 IG 11 The undersigned, as authorized representative of Probation, respectively, certifies the establishment of 12 the First Amendment to the MOU. 13 14 Riverside County Probation Department 16 L r1 17 Ron Miller II, 18 Chief Probation Officer 19 20 21 Date 22 23 24 25 APPROVED AS TO FORM 26 COUNTY COUNSEL 27 28 29 BY: 30 Lisa Sanchez 31 Deputy County Counsel 32 33 34 DATE: 35 36 37 38 39 40 41 42 2 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. Beaumont Police Department Sean Thuilliez, Chief of Police Date 3 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRSTAMENDIVIENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 respectively, certifies the establishment of the First Amendment to the MOU. 11 12 Cathedral City 13 14 15 Charles P. McClendon,, City Manager 16 17 18 19 Date 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 respectively, certifies the establishment of the First Amendment to the MOU. 11 12 Corona Police Department 13 14 15 Robert Newman, Chief of Police 16 17 18 Date 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 5 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 respectively, certifies the establishment of the First Amendment to the MOU, 11 12 City of Desert Hot Springs 13 14 15 Luke Rainey, Deputy City Manager 16 17 18 19 Date 20 21 22 23 24 25 26 27 28 29 30 '31 32 33 34 35, 36 37 38 39 40 41 42 R 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 respectively, certifies the establishment of the First Amendment to the MOU. 11 12 Hemet Police Department 13' 14, 15 Eddie Pust, Chief of Police 16 17 18 19 Date 20 21 22 23 City of Hemet 24 25 26 Christopher Lopez, City Manager 27 28 29 30, Date 31 32 33 34 35 36 37 38 39 40 41 42 7 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned,, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Indio Bryan Montgomery, City Manager Date E I MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 . respectively, certifies the establishment of the FirstAmendment to the MOU. 11 12 City ofMurrieta 13 14 15 Kim Summers, City Manager 16 17 18 19 Date 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Palm Springs City Manager )aA k& Date APPROVED AS TO FORM: City Attorney %/,/ 2Z 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Riverside Al Zelinka, City Manager Date 11 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 5 FOR PUBLIC SAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 respectively, certifies the establishment of the First Amendment to the MOU. 11 12 Riverside County Sheriffs 13 14 15 Chad Bianco, Sheriff -Coroner 16 (Coachella, Lake Elsinore and San Jacinto Stations) 17 18 19 20 Date 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 12 1 MEMORANDUM OF UNDERSTANDING 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 3 AND 4 POST -RELEASE ACCOUNTABILITY AND COMPLIANCETEAM 5 FOR PUBLICSAFETY REALIGNMENT 6 FIRST AMENDMENT 7 8 9 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 10 respectively, certifies the establishment of the First Amendment to the MOU. 11 12 City of Banning 13 14 15 16 Doug Schulze, City Manager 17 18 19 20 21 Date 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39' 40 41 42 13 1 2 3 4 5 6 7 8 9 10. it 12 13 14 15 16 17 18 19 20 21 22 23 24 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team,. respectively, certifies the establishment of the First Amendment to the MOU. City of Menifee Armando G. Villa,'City Manager Date EAST WEST f4.T.nM& DISTRIBUTION OF ANNUAL PACT ALLOCATION BY CITY FY21-22 City of Cathedral City (Sergeant) $34,767.12** May 16, 2022 —June 30, 2022 City of Cathedral City $216,500.00 City of Coachella $216,500.00 City of Desert Hot Springs $216,500.00 City of Indio $216,500.00 City of Palm Springs (Sergeant) $235,232.88** July 1, 2021 to May 15, 2022 City of Corona $216,500.00 City of Corona (Corporal) $238,000.00 City of Riverside (Sergeant) $270,000.00* CENTRAL City of Banning $216,500.00 City of Beaumont $216,500.00 City of Hemet (Sergeant) $270,000.00* City of Lake Elsinore $216,500.00 City of Menifee $216,500.00 City of Murrieta $216,500.00 City of San Jacinto $216,500.00 Total Annual Pact Allocation FY21/22 $3,429,500.00 *PACT agencies with sergeants assigned to the teams receive $270,000 each. PACT agencies without sergeants assigned to the teams receive $216,500, and corporal receives $238,000 as dictated by the approved ARCCOPS memorandum (Exhibit E) revised October 2020. **$34,767.12 was calculated based on 47 days at $739.73 per day ($270,000/365 days) **$235,232.88 was calculated based on 318 days at $739.73 per day ($270,000/365 days) Melissa Desmarais From: Justin Clifton Sent: Thursday, June 23, 2022 3:14 PM To: Andrew Mills; Melissa Desmarais Subject: RE: PACT/AB109 - Police Department 22-01-4 Thanks for the heads up. Justin From: Andrew Mills<Andrew.Mills@palmspringsca.gov> Sent: Thursday, June 23, 2022 2:43 PM To: Justin Clifton <Justin.Clifton@palmspringsca.gov>; Melissa Desmarais <Melissa.Desmarais@pa lmspringsca.gov> Subject: Fwd: PACT/AB109 - Police Department 22-01-4 Justin- I will give an FYI to Council. We are pulling out of PACT as I mentioned to focus our efforts on the City of Palm Springs. They were a countywide fugitive apprehension team that lacked effectiveness. Andy Get Outlook for iOS From: Melissa Desmarais <Melissa.Desmarais@palmspringsca.gov> Sent: Thursday, June 23, 2022 5:39:34 PM To: Andrew Mills<Andrew.Mills@paImspringsca.gov> Subject: FW: PACT/AB109 - Police Department 22-01-4 FYI... I will route the MOU for signatures. Respectfully, Melissa Desmarais From: Jeff Ballinger <Jeff.Ballinger@bbklaw.com> Sent: Wednesday, June 22, 2022 6:03 PM To: Melissa Desmarais <Melissa. Desmarais@palmspringsca.goy> Subject: RE: PACT/AB109 - Police Department 22-01-4 NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Capt. Desmarais, If we are no longer participating in this team, and this amendment just recognizes the reimbursement to us for a portion of the time period (when we did participate), then I don't think this needs to go to Council for approval. Staff might consider though, whether we want to alert the Council to this change. I don't think they need to approve it, but they might be interested to know what's happening. That's less of a legal issue though, than an administrative issue. I.A.k r .: IS: 51 S 61::1 O111. \110It NI II %I i \AN Jeffrey Ballinger Partner ieff.ball i nger@bbklaw.com T: (619) 525-1343 C: (909) 528-9400 www.BBKiaw.com ® f1 From: Melissa Desmarais <Melissa.Desmarais@palmspringsca.gov> Sent: Wednesday, June 22, 2022 2:11 PM To: Jeff Ballinger <Jeff.Ballinger@bbklaw.com> Subject: FW: PACT/AB109 - Police Department 22-01-4 Good afternoon, Jeff! In January 2022, we sent the PACT MOU to Council. As part of our involvement in the PACT team, the City of Palm Springs was eligible for reimbursement for our assigned supervisor, not to exceed $270,000. The supervisor assigned to the PACT team was a previously allocated position —the position would be funded by the City regardless of assignment. In May 2022, the supervisor was reassigned to another role at the PD. We will no longer be participating in the PACT team. The County of Riverside has authored an amended MOU and has asked each participating agency to return their respective signature pages. Finance is aware of the financial component of this MOU and will not invoice the County for the portion of the FY that assigned employee was not part of the PACT team. The amendment is an acknowledgement that the Cathedral City Police Department has resumed supervisory responsibility of the team and is eligible for reimbursement for the remaining term of the MOU. Cindy suggested I contact you and confirm whether or not we need to send the amendment to Council. If not, I can ask the County to update our signature page to eliminate any unnecessary signature lines. Respectfully, Melissa Desmarais From: Melissa Desmarais<Melissa.Desmarais@palmspringsca.goy> Sent: Thursday, June 16, 2022 12:47 PM To: Nancy Pauley <Nancy. Pauley@palmspringsca.goy>; Kristopher Mooney <Kristopher.Mooney@palmspringsca.goy> Subject: PACT/AB109 - Police Department 22-01-4 Good afternoon. We entered into an MOU with the County of Riverside's PACT team for FY21/22 (see attached fully executed agreement). As part of the agreement, up to $270,000 of the salary and benefits for our supervisor (Sergeant Nicholas Andre) were reimbursed to the City. Project String 22-01-4 (AB 109 — Police Dept.) includes a series of reimbursable personnel expenses authorized as part of the MOU. Effective 5/16/22, Sergeant Andre was no longer assigned to the PACT team. I just received the attached MOU amendment, which documents that the Palm Springs Police Department provided a supervisor to the PACT (AB 109) team between July 1, 2021 and May 15, 2022. The amended MOU indicates that the City of Palm Springs would be eligible for an annual reimbursement not to exceed $235,232.88. 1 understand that this adjustment has some implications for the Finance team. Would it be possible to share this information with the person(s) that handle invoicing to the County for this purpose? Can I confirm that we have not exceeded the $235,232.88 that we would be eligible for under the amended MOU? I know there had been some discussion about the PACT accounts for next FY. We will not be involved in the PACT team in FY22/23. Nicholas Andre is now working an assignment at the Police Department in one of our City allocated Sergeant positions. Respectfully, 'n1�Qia" Dewcan Captain —Services Division Palm Springs Police Department 200 South Civic Drive Palm Springs, CA 92262 (760)323-8128 Melissa. Desmarals@palmspringsca.go This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND PARTICIPATING POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM (PACT) LOCAL LAW ENFORCEMENT AGENCIES FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING FY 2021-2022 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS 1.0 Background.................................................................................................................... 3 2.0 Parties and Purpose....................................................................................................... 3 3.0 Probation Officer Role................................................................................................... 4 4.0 Term............................................................................................................................... 5 5.0 Amendment or Termination of MOU.......................................................................... 5 6.0 Audits............................................................................................................................ 5 7.0 Records Retention........................................................................................................ 6 8.0 Financial Reports........................................................................................................... 6 9.0 Confidentiality............................................................................................................... 6 10.0 Hold Harmless and Indemnification.............................................................................. 6 11.0 Assignment.................................................................................................................7 12.0 License and Certifications.............................................................................................. 7 13.0 Compliance, Governing Law and Severability.............................................................. 7 14.0 Compensation................................................................................................................8 14.1 Maximum Amount.............................................................................................. 8 14.2 Method, Time and Schedule/Condition of Payments ......................................... 8 14.3 Use of Funds......................................................................................................... 9 14.4 Disallowance........................................................................................................9 14.5 Availability of Funding......................................................................................... 9 15.0 Notices............................................................................................................................9 16.0 Merger Clause.............................................................................................................. 10 17.0 Electronic signatures....................................................................................I............... 10 SIGNATURE PAGES....................................................................................I............................ 11 Exhibit A: Quarterly Financial Summary Report Template .................................................. 24 Exhibit B: PACT Invoice Template........................................................................................ 25 Exhibit C: Distribution of Annual PACT Allocation by City .................................................... 26 Exhibit D: PACT Frequently Asked Questions....................................................................... 27 Exhibit E: Funding & Reimbursement Policy & Guidelines for Regional PAC Teams .......... 30 Page 12 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 1.0 BACKGROUND The Public Safety Realignment Act of 2011 (Realignment) implementation resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department (hereinafter Probation). On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County (County) voted unanimously for the need of a county -wide law enforcement component. The eleven (11) city police chiefs, the Riverside County Sheriff, the Riverside County District Attorney and Probation have built the infrastructure to support this type of critical enforcement. The Post -release Accountability and Compliance Team (hereinafter PACT) is a county -wide, multi -jurisdictional team composed of Probation, the Banning Police Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County District Attorney, and the Riverside County Sheriff's Department representing the seventeen Sheriff's contract cities within the County. The primary mission of PACT is to work with Probation to focus on "high -risk" and "at -large" realignment offenders that pose the most risk to public safety. PACT is dedicated to: m Identifying and investigating "non -compliant" realignment offenders, • Locating and apprehending "at -large" and "high -risk" realignment offenders, and • Performing probation compliance sweeps. Through sustained, proactive and coordinated investigations, PACT will be able to share information, serve warrants, locate and apprehend violators, and reduce the number of realignment offenders who abscond. The support of the PACT allows Probation more time and resources to focus on case management, addressing treatment needs, and ensuring compliance with Court -ordered conditions. 2.0 PARTIES AND PURPOSE This Memorandum of Understanding (MOU) is entered into by and between Probation, the Banning Police Department, Beaumont Police Department, Cathedral City Police Page 13 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County Sheriff's Department Coachella, Lake Elsinore and San Jacinto stations for monetary reimbursement from realignment funds for expenses related to their participation in PACT. The police chief of the Murrieta Police Department is the voting member of the CCPEC and represents the PACT local law enforcement agencies participating in this MOU, including for receipt of notices under section 15. The parties agree to the terms and conditions of this MOU, which will be effective immediately and remain in effect until terminated or modified as defined in section 4.0 of this MOU. 3.0 PROBATION OFFICER ROLE: Probation Officers are peace officers under Penal Code section 830.5 whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment, only as follows: 1) To conditions of parole, probation, mandatory supervision, or post -release community supervision by any person in this state on parole, probation, mandatory supervision, or past -release community supervision. 2). To the escape of any inmate or ward from a state or local institution. 3) To the transportation of persons on parole, probation, mandatory supervision, or post -release community supervision. 4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. 5) To the rendering of mutual aid to any other law enforcement agency. There must be a nexus between the conditions outlined above for the Probation Officer to be involved in the actions of PACT. There is no provision for the Probation Officer to exercise peace officer authority pursuant to Penal Code section 830.1. In terms of mutual aid, unless there is an immediate threat to life (Person or Persons whose life is in real and immediate danger from the criminal acts of others), the Probation Officer's assistance will be limited based on the conditions outlined and within current law. Page 14 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 4.0 TERM This MOU shall be effective upon execution by signature of the Chief Probation Officer of Riverside County and the Chiefs or City Managers of each participating PACT agency or their respective designees. The term of this MOU shall be for the Riverside County fiscal year commencing on July 1, 2021 and ending on June 30, 2022. Thereafter, the parties will enter into a new MOU (the "New MOU") upon annual approval of the County's Realignment budget by the CCPEC; this MOU shall remain in effect until the New MOU is effective. 5.0 AMENDMENT OR TERMINATION OF MOU This MOU may be amended at any time with the written concurrence of all parties. This MOU, along with any incorporated attachments, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made in the form of a written amendment to this MOU formally approved and executed by both Probation and each participating PACT agency. Consideration for amendment will be given upon written notification by one party to the others. The parties will review this MOU at least annually and modify as needed. Any participating PACT agency can withdraw participation in this MOU with or without cause upon thirty (30) days written notification to the other parties. Participation withdrawal will take effect thirty (30) days following receipt of notification and terms and conditions of this MOU continue in full force for the remaining PACT agencies. This MOU can be terminated with or without cause by any party upon thirty (30) days written notification to the other parties or due to unavailability of funding. Termination of the MOU will take effect thirty (30) days following receipt of the written notice of termination or upon effective date of funding expiration. 6.0 AUDITS The parties agree that any duly authorized representative of the Federal, State, or local government shall have the right to audit, inspect, copy or transcribe any pertinent records, electronic data and documentation relating to this MOU. Any audit exception, as it relates to this MOU, resulting from an audit conducted by any duly authorized representative of the Federal, State, or local government shall be the responsibility of the participating PACT Page 15 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING agencies. Any audit disallowance adjustments must be paid in full upon demand if required, or may be withheld at the discretion of the Chief Probation Officer against amounts due to PACT agencies under this MOU or any PACT agreement with Probation. 7.0 RECORDS RETENTION Each party agrees to retain all records pertaining to this MOU for the period indicated in the Riverside County Records Retention General Schedule per Board of Supervisors Policy A-43 unless otherwise indicated by the source of funds. If, at the end of the retention period, there is ongoing litigation or an audit involving those records, each party shall retain the original records until the resolution of such litigation or audit. 8.0 FINANCIAL REPORTS Four financial reports are to be submitted quarterly by each PACT partner during each fiscal year covering the following reporting periods: Quarter Reporting Period 1 July 1— September 30 2 July 1— December 31 3 July 1— March 31 4 July 1—June 30 The CCPEC-approved template for financial report submission is attached hereto and incorporated herein as Exhibit A. The summary PACT report for each quarter will be compiled and presented to CCPEC by Probation. Due dates for quarterly financial reports are established annually by the CCPEC. 9.0 CONFIDENTIALITY All parties agree to maintain the confidentiality of all information in accordance with all applicable Federal, State and local laws and regulations. 10.0 HOLD HARMLESS AND INDEMNIFICATION Each participating agency agrees to indemnify and hold the other participating agencies harmless from any and all liability for death, injury and/or damage, actual or alleged, to persons or property, arising out of, or resulting from negligent acts or omissions of the indemnifying party or its employees. When Probation, PACT itself, any participating agency, or its agents, are held liable for deaths or injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon Page 16 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING the contributions of each participating agency. In the event of liability imposed upon any of the participating agencies for death, injury, and/or damage which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this MOU, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to $100.00. The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless from any liability for death, injury and/or damage arising out of the performance of this MOU. 11.0 ASSIGNMENT This MOU shall not be assigned by any party hereto, either in whole or in part, without prior written consent of the other parties. Any assignment or purported assignment of this MOU without the prior written consent will be deemed void and of no force or effect. 12.0 LICENSE AND CERTIFICATIONS When applicable, all parties verify upon execution of this MOU, that all work performed pursuant to this MOU will performed by properly trained and licensed/certified staff who possess current and valid license/certifications in compliance with any local, State, and Federal laws. 13.0 COMPLIANCE GOVERNING LAW AND SEVERABIUTY The parties shall comply with all applicable Federal, State, and local laws and regulations. In the event there is a conflict between the various applicable laws and regulations, the parties shall comply with the more restrictive law or regulation. Any legal action related to this MOU shall be filed only in the Superior Court for the State of California in Riverside, California. All parties shall be obligated to attend a mediation session before a neutral third -party mediator prior to the filing of any legal action. If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or enforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Page 17 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 14.0 COMPENSATION 14.1 Maximum Amount: Maximum allowable costs for FY2021-2022 under this MOU shall not exceed $3,429,500.00 or as approved by CCPEC for each annual fiscal year's budget. Annual allocations assigned to each PACT agency are detailed in Exhibit C, attached hereto and incorporated herein. 14.2 Method. Time and Schedule/Condition of Payments: Within thirty (30) days of the end of each month in which services were rendered, each participating PACT agency will prepare and submit to Probation's Accounts Payable, via email Acctspayable@rivco.org, a reimbursement claim/journal entry for services and expenditures performed and incurred during the month. Using the invoice template, attached hereto and incorporated herein as Exhibit B, claim documentation will include, but is not limited to, an invoice with an itemized expenditure summary of Salaries & Benefits and Services & Supplies; and copies of timesheets, pay registers, and vendor invoices or receipts, as applicable. Upon review and approval, Probation shall process each claim within fifteen (15) business days. The corresponding payment voucher will be forwarded to the County Auditor -Controller's office for processing. Invoices will be held beyond the fifteen (15) business days when an annual fiscal year realignment budget has not been approved by the CCPEC and the Riverside County Board of Supervisors. Upon approval by both governing bodies, held invoices will be released to the Auditor -Controller's office for processing. Each year, estimates for the month ending June 30 should be provided to Probation by June 20 with the final invoice due July 31 or next available working day. If PACT ceases provision of services for any period, then no payment will apply for that period. Probation will reimburse participating PACT agencies for services provided in accordance with the terms and conditions contained herein. Additional clarifications on the reimbursement process are provided as part of the Frequently Asked Questions, attached hereto and incorporated herein as Exhibit D. Page 18 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 14.3 Use of Funds: PACT agencies shall not use any funds received pursuant to this MOU for any other program, project, or purpose. The parties shall not use realignment funds to supplant by claiming reimbursement from Probation for any costs which have been paid by another source of revenue. The parties agree not to use funds received pursuant to this MOU, either directly or indirectly, for purposes of obtaining funds under any other program without prior written approval of Probation. Additional guidelines for use of funds received pursuant to this MOU are provided in the Funding and Reimbursement Policy and Guidelines for Regional PAC Teams as developed by the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) in cooperation with Probation, attached hereto and incorporated herein as Exhibit E. Any revisions by ARCCOPS to the guidelines will supersede the attached exhibit. 14.4 Disallowance: In the event a party receives payment for services pursuant to this MOU which is later disallowed for nonconformance with the terms and conditions herein by Probation, the party shall promptly refund the disallowed amount to Probation upon request, or at its option, Probation may offset the amount disallowed from any payment due to the party under any PACT agreement with Probation. 14.5 Availability of Funding: Probation's obligation for payment under this MOU is contingent upon the availability of funds from which payment can be made. 15.0 NOTICES All notices, claims, correspondence, reports, and/or statements authorized or required by this MOU shall be addressed for each location as follows: Riverside County Probation Department Probation Administration Administrative Services Manager III — Fiscal Services Division P.O. Box 833 Riverside, CA 92502 (951) 955-2983 Page 19 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Post -release Accountability and Compliance Team Tony Conrad, Chief of Police Murrieta Police Department 2 Town Square Murrieta, CA 92562 (951) 461-6358 tconrad@murrietaca.gov All notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports, and/or statements authorized or required by this MOU addressed in any other fashion will not be acceptable. 16.0 MERGER CLAUSE This MOU, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing, including the FY20-21 MOU. 17.0 ELECTRONIC SIGNATURES Each party of this MOU agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this MOU. The parties further agree that the electronic signature(s) included herein are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code Page 110 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. �_ I'l 't2 Ron Miller 11, Chief Probation Officer Date Riverside County Probation Department APPROVED AS TO FORM Gregory P. Priamos County Counsel BY: Lisa Sanchez Deputy County Counsel DATE: Page 1 11 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Sean Thuilliez, Chief of Police Beaumont Police Department Date Page 112 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Charles P. McClendon, City Manager Cathedral City Date Page 1 13 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Robert Newman, Chief of Police Corona Police Department Date Page 114 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Luke Rainy, City Manager City of Desert Hot Springs Date Page 1 15 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Eddie Pust, Chief of Police Hemet Police Department Christopher Lopez, City Manager City of Hemet Date Date Page 1 16 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Bryan Montgomery, City Manager City of Indio Date Page 1 17 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Kim Summers, City Manager City of Murrieta Date Page 1 18 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. 11�L ��'& City M ager City of Palm Springs APPROVED AS TO FORM: City A40rney APPROVED BY CITY COUNCIL: x+c�en L . K A 'F y76 Date Page 1 19 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Lea Deesing, Assistant City Manager City of Riverside Date Page 120 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Chad Bianca Date Riverside County Sheriff -Coroner (Coachella, Lake Elsinore and San Jacinto Stations) APPROVED AS TO FORM Gregory P. Priamos County Counsel BY: Kristine Bell -Valdez Supervising Deputy County Counsel DATE: Page 121 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Doug Schulze, City Manager City of Banning Date Page 122 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below. Armando G. Villa, City Manager City of Menifee Date Page 123 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING ExhibltA-Quarterly Financial Summary Report Template AS 109 Community Corrections; Partnership Executive Committee FY MOW Financial Report- Operating Funds (Reporting Period Dates) CPEC Apner, c;rasnewa!W101 pt Nantlar lv ePPka%r. LOW portate Period H. 2, a; or 4) 17e44+l w4arm 1 0% a Intpw" Parloo 04m4 V%o t Pe —a W t" FY "N" Ys 'ad Year M FWI-TW mn."ay u_wI oexdglan euddet Ofeudaot t Actuols Fsamama Esemams vaMnca Emmams asaiwAvow Takl EapeMlWroa FY (YYMr) FT WIM Teuend TnreM - Fufi Yit au{Onanat Coax Dewpaan mddat OfOdest Aawata E�tpams Esdaums Wdar _ rmamasa A TOW Dope Wwnw m t0 RI' Se; >D D7 !A mucasy OeptNtanlberliapPHnblai: � NARRATIVE Rapadtta Period it. t 3, a 41 :p •f i DnofewteM twd s',. w olxerapsaawtanse lam Onsarohrteoanmtrdaaons fO aedrasat visa&SSMs. _ �vx"tl¢'inpeR�+W7gr'dYOC��Ptcf�NH'Nwd+NICWP�+a�. f+pMFxsa�rcAflk�Jai-pt- 2. Pmkdea APwWy0fA8 es e1W CCPEG rlS! boasaawi iuv"nO PoAod: SA�ppme,Pmpd C®aa) Pmamd ty: Apprwad by. ow Dam: Page 124 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING EXHIBIT B PACT INVOICE TEMPLATE (City Logo/ Letterhead) Bill to: RIVERSIDE COUNTY PROBATION DEPARTMENT FISCAL UNIT ADMIN SVC MGR PO BOX 833 RIVERSIDE, CA 92502 Invoice Type: PACT Description PACT (City Name) Reimbursement for 1) Salaries and Benefits (Period; MM/DD/YR-MM/DD/YR) 2) Supplies (receipts attached) INVOICE: DATE: DUE DATE: Description: (Month) Services (Month) Invoice Total Price Total Due $ - Documentabon with invoice includescopies of dmesheets for billing period and verification of salary and benefits rates charged. Please note, for confidentiality purpose, original timesheets and any further verification of employees compensation will be on file with the City of (City Name), Human Resources Department and available to an authorized auditing official for review, I, the undersigned, hereby certify the above claim submitted for reimburesement are true and correct Realignment expenditures in accordance with the Memorandum of Understanding(MOU) between the Riverside County Probation Department and the Post releaseAccountabiIity and Comotiance-ream IPACTI. Signature IT TO: (Provide city information) Title Date Page 125 THE COUNTY OF RIVERSIDE, ON BEHALF" OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC: SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Exhibit C Distribution of Annual PACT Allocation by City City of Banning $ 216,500.00 City of Beaumont $ 216,500.00 City of Cathedral City $ 216,500.00 City of Coachella $ 216,500.00 City of Corona $ 216,500.00 City of Corona — (Corporal) $ 238,000.00 City of Desert Hot Springs $ 216,500.00 City of Hemet $ 270,000.00* City of Indio $ 216,500.00 City of Lake Elsinore $ 216,500.00 City of Menifee $ 216,500.00 City of Murrieta $ 216,500.00 City of Palm Springs $ 270,000,00* City of Riverside $ 270,000.00* City of San Jacinto $ 216,500,00 FY21/22 Total Annual PACT Allocation $ 3,429500.00 *PACT agencies with sergeants assigned to the teams receive $270,000 each. PACT agencies without sergeants assigned to the teams receive $216,500, and corporal receives $238,000 as dictated by the approved ARCCOPS memorandum (Exhibit E) revised October 2020. Page 126 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Exhibit D Frequently Asked Questions 1. Year End: a. What is a year-end estimate claim and what needs to be included? L A year-end estimate claim allows Probation to encumber funds for payment from the current fiscal year into the beginning of the next to cover expenditures incurred during the month of June and have a record that the final submittal is pending. ii. If funds are not encumbered to cover final year-end claims and a claim is submitted, the reimbursement may be charged against the PACT agency's allocation for the next fiscal year. iii. To submit a year-end estimate claim form: 1. Use the Invoice Template (Exhibit B) provided, 2, In the location on the form for listing the month/year of the claim, please mark as the June Estimate, 3. Based on remaining annual funds and use of funds to date generate estimated expenditures for the month of June; 4. Attach any advance approvals for services/supply/equipment purchases, and 5. Submit estimate to Probation no later than June 20 of each year. b. What if the claim for actual year-end expenditures is not submitted before the County's year-end submission deadline? i. If the claim for actual year-end expenditures is not received by the deadline, Probation will process payment to the PACT agency using the estimate provided. ii. When the claim is received (after the deadline), if expenditures exceed the estimate, Probation will process payment for the difference and the difference will be paid from any rollover funds. If the expenditures are less than the estimate, the PACT agency is required to refund the overpayment back to Probation. c. What documentation is needed to include major purchases in the year-end estimate? Page 127 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING i. To include year-end expenditures that will not complete processing in the current fiscal year, the submitting PACT agency needs to provide proof of intent to purchase the major item, such as vehicles. ii. Proof of intent to purchase can be represented by approval documents from a City Council, an approved purchase order, an approved requisition, or a copy of the documents used by the City to encumber funds in their own fiscal year budget allowing Probation sufficient documentation to encumber funds to reimburse the submitting PACT agency. d. What if the estimate is overstated? i. If any unused funds are remaining after the final year-end reimbursement claim is submitted (prior to year-end deadline), the funds will be released for use within Realignment. 2. Staff Substitution for Another PACT Agency a. What is the process to submit claims when substituting PACT staff by another police department due to staff shortages? i. The Police Department providing the staff substitution must bill the PACT Agency suffering the staff shortage. ii. The PACT Agency suffering the staff shortage will then submit their monthly claim to Probation. The claim should include back-up documentation reflecting invoices and payment to the substituting Police Department for staff services rendered. Any back-up documentation provided by the substituting Police Department (such as timesheets) should be included in the monthly claim. iii. PACT Agencies cannot bill against another PACT Agency's allocation. 3. Mileage Claims a. What documentation is required to submit for mileage claims? i. A mileage log reflecting record of what miles are used for PACT specific duties is sufficient back-up for a mileage claim. b. What if a vehicle is 100% PACT? i. Fuel reimbursement statements reflecting the vehicle's mileage use over the course of the fiscal year is sufficient back-up for mileage reimbursement. Page 128 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 4. Staff Time a. Can vacation, sick, and compensation time earned be paid? i. Yes, vacation, sick, and compensation time earned while performing PACT duties can be paid. ii. Detailed tracking of when the time is earned and when it is paid will need to be provided as back-up to the claim. The tracking is necessary to ensure no duplication of payment is requested (i.e. reimbursement for compensation time on one pay period and on the next pay period requesting reimbursement for time -off using those same backed compensation time hours). A tracking sheet can be provided upon request. iii. PACT Agencies that allow their officers to 'sell back' their compensation time at the end of the year can claim those hours as part of their reimbursement. Detailed tracking reflecting that the compensation time is earned while performing PACT duties must be submitted as back-up. b. Our police department uses electronic timesheets. Is a report from the timesheet system acceptable back-up? i. Yes, a report from the timesheet system is acceptable as long as it reflects when the employee approved their timesheet and when the supervisors counter -approved their timesheets. Page 129 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Exhibit E FUNDING AND REIMBURSEMENT POLICY AND GUIDELINES FOR REGIONAL P.A.C. TEAMS Rev.10J2020 PURPOSE: The purpose of this policy is to set forth standardized procedures for oversight and funding of personal assigned to Regional PAC Teams. 11. ORGANIZATION: Each regional PAC Team will establish a governing board including on command - level representative from each participating agency. A. The regional governing board will provide operational and financial support and oversight to the regional team. B. The regional board may also determine when a financial need merits a request for additional funding to one of the funding entities (CCPEC or ARCCOPS). III. MEMBERSHIP: PAC Team membership is open to all law enforcement agencies who are members of ARCCOPS. The voting membership of ARCCOPS shall determine which agencies will receive funding. A. Agencies interested in participating and receiving reimbursement shall submit a request to the ARCCOPS voting membership. 1. ARCCOPS will determine agency participation and reimbursement as requested based on available funding and regional needs. IV. FUNDING & REIMBURSEMENT: Funding for PACT personal is provided through the Community Corrections Partnership Executive Committee (CCPEC) and the Riverside County allocation of AB- 109 mitigation. grant (Cal Chiefs). A. Participating PAC Team agencies may submit for reimbursement for direct costs associated with deploying personnel dedicated to the PACT Team. B. Reimbursement will be limited to the following: Page 130 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT, AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 1. Actual cost of all salary, benefits, paid leave and overtime paid to agency employees for work while assigned and working for a PAC Team. 2. Mileage (at the published IRS rate) for miles traveled using an agency vehicle for travel to, from and during PAC Team activities. C. Total reimbursement shall not exceed $216,500 per fiscal year for each police officer or detective assigned; $238,000 per fiscal year for corporal assigned; and $270,000 per fiscal year for each sergeant assigned to supervise a PAC Team. D. Participating agencies shall submit detailed expenditure claims on a monthly basis to the appropriate funding entity (CCPEC via County Probation or ARCCOPS via city of Corona). Page 131 CONTRACT ABSTRACT Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Contract Administration Lead Department: Contract Administrator: Riverside County Probation Department Elizabeth Castillo (Fiscal Unit — Riverside County Probation Department) Amendment to Existing Agreement with Riverside County Probation Department and Post -release Accountability and Compliance Team (PACT) 270,000.00 FY 20/21 Palm Springs Police Department Melissa Desmarais, Police Captain Contract Approvals Council/ Community Redevelopment Agency Approval Date: May 6, 2021 Agenda Item No./ Resolution No.: 1I Agreement No: A8+WP Contract Compliance Exhibits: Signatures: Insurance: Bonds Contract prepared by: Captain Melissa Desmarais Submitted on: May 11, 2021 By: Captain Melissa Desmarais 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT Contracting Parties: Riverside County Probation Department and Post -Release Accountability and Compliance Team Term of MOU: July 1, 2020 through June 30, 2021 Type of Service: Public Safety Realignment This Memorandum of Understanding (MOU) between the County of Riverside, on behalf of its Probation Department, hereinafter referred to as Probation, and the Post -Release Accountability and Compliance Team, hereinafter referred to as PACT, is amended in the following particulars and no others: 1. Remove and Replace "Exhibit C" Distribution of Annual PACT Allocation with the attached. Cathedral City and Palm Springs have mutually agreed to exchange their PACT personnel responsibilities effective May 3, 2021. Said change requires each city's annual allocation to be adjusted as dictated by the approved ARCCOPS memorandum (Exhibit E of the MOU). Cathedral City Police Department will provide an officer and be eligible for an annual reimbursement not to exceed $216,500. Palm Springs will provide a sergeant and be eligible for an annual reimbursement not to exceed $270,000. 2. All other terms and conditions of the Memorandum of Understanding not modified herein shall remain unchanged. The undersigned, as authorized representative of Probation and PACT, respectively, certify the establishment of the First Amendment to the MOU. SIGNATURES ON FOLLOWING PAGES 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Probation, respectively, certifies the establishment of the First Amendment to the MOU. Riverside County Probation Department 7 1- Ron Miller 11, Chief Probation Officer Ll6 Date 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. Beaumont Police Department Sean Thuilliez, Chief of Police Date 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU, Cathedral City Charles P. McClendon, City Manager Date 4 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. Corona Police Department Robert Newman, Interim Chief of Police Date h9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Desert Hot Springs Luke Rainey, Deputy City Manager Date C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. Hemet Police Department Eddie Pust, Chief of Police Date City of Hemet Christopher Lopez, City Manager Dante 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Indio Mark Scott, City Manager Date 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Murrieta Kim Summers, City Manager Date 01 1 2 MEMORANDUM OF UNDERSTANDING 3 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT 4 AND 5 POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM 6 FOR PUBLIC SAFETY REALIGNMENT 7 FIRST AMENDMENT 8 9 10 The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, 11 respectively, certifies the establishment of the First Amendment to the MOU. 12 13 City of Palm Springs 15 16 City hWanager 17 18 19 OZS 202 20 Date 21 22 23 A EST: 24 25 26 Clerk 27 28 29 APPROVED AS TO FORM: 30 31 32 City Xlttorney 33 34 35 APPROVED BY CITY COUNCIL: 36 37 C5EW t WN VIM 2I A84(v 38 39 40 41 42 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Riverside Lea Deesing, Assistant City Manager Date 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. Riverside County Sheriffs Chad Bianco, Sheriff -Coroner Coachella, Lake Elsinore and San Jacinto Stations) Date 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Banning Doug Schulte, City Manager Date 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FIRST AMENDMENT The undersigned, as authorized representative of Post -Release Accountability and Compliance Team, respectively, certifies the establishment of the First Amendment to the MOU. City of Menifee Armando Villa, City Manager Date 14 FIRST AMENDMENT Exhibit C Distribution of Annual PACT Allocation by City City of Banning 216,500.00 City of Beaumont 216,500.00 Cathedral City 216,500.00 City of Coachella 216,500.00 City of Corona 216,500.00 City of Corona — (Corporal) 238,000.00 City of Desert Hot Springs 216,500.00 City of Hemet 270,000.00* City of Indio 216,500.00 City of Lake Elsinore 216,500.00 Menifee 216,500.00 City of Murrieta 216,500.00 City of Palm Springs 270,000.00* City of Riverside 270,000.00* City of San Jacinto 216,500.00 FY20/21 Total Annual PACT Allocation $ 3,429,500.00 PACT agencies with sergeants assigned to the teams receive $270,000 each. PACT agencies without sergeants assigned to the teams receive $216,500, and corporal receives $238,000 as dictated by the approved ARCCOPS memorandum (Exhibit E) revised October 2020. CITY COUNCIL STAFF REPORT DATE: May 6, 2021 CONSENT CALENDAR SUBJECT: APPROVE AMENDMENT TO EXISITING AGREEMENT WITH COUNTY OF RIVERSIDE, ON BEHALF OF PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FROM: Justin Clifton, City Manager BY: Police Department SUMMARY It is recommended that the City Council approve an amendment to the existing agreement between the Palm Springs Police Department and the County of Riverside, on behalf of its Probation Department and the Post -release Accountability and Compliance Team, through June 30, 2021. RECOMMENDATION: 1. Approve an amendment to the existing agreement with Riverside County, on behalf of its Probation Department and Post -release Accountability and Compliance Team, through June 30, 2021. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The implementation of Public Safety Realignment Act of 2011 resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department. On August 30, 2011, the Community Corrections Partnership Executive Committee of Riverside County voted unanimously on the need for a county -wide law enforcement component to this supervision. The Riverside County Sheriffs Department, Riverside District Attorney's Office, Riverside County Probation and the twelve municipal law enforcement agencies in Riverside County, including the Palm Springs Police Department, have built the infrastructure for this critical enforcement. The Post -release Accountability and Compliance Team (PACT) is a county -wide, multi -jurisdictional team comprised of members from each of these organizations. City Council Staff Report May 6, 2021 Page 2 Approve PACT Amendment The Police Department has been a member of PACT since its inception in 2011, working with Probation to focus on realignment offenders that pose the most risk to public safety. Historically, PACT has been overseen by supervisors employed by other participating agencies. Effective May 3, 2021, PACT is under the supervision of a Palm Springs Police Department sergeant. The Palm Springs Police Department is responsible for supplying them with a vehicle and all necessary equipment. The amendment to the existing PACT agreement, which reflects the transition of assigned personnel from officer to sergeant, would increase the eligible annual reimbursement due to the City of Palm Springs. FISCAL IMPACT: There is no additional impact to the General Fund, as this supervisory position is part of the authorized personnel for the Police Department. The Riverside County Probation Department will reimburse the City of Palm Springs for the fully -burdened costs, including overtime costs consequent to their assignment, of one police sergeant assigned to PACT, up to $270,000.00 annually. a &6'too Bryan Reyes Chief of Police Attachments: Justin Clifton City Manager 1) County of Riverside PACT MOU — First Amendment AMENDMENT AND TERMINATION OF MEMORANDUM OF UNDERSTANDING REGARDING FISCAL AGENT RESPONSIBILITIES FOR THE AB109 FUNDED MEMBERS OF THE RIVERSIDE COUNTY POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM AB109 PACT MEMBERS) 1. PARTIES AND DATE . Th is Amendment and Termination Agreement ("Amendment & Te rminat ion of AB109 MOU ") is made and entered into as of the 24th day of June , 2020 by and between the AB109 Parties defined below . 2. RECITALS. 2 .1 2015 Agreement. As of July 1, 2015 , the following parties entered into that Memorandum of Understanding Regarding Fiscal Agent Responsibilities for the AB109 Funded Members of the Rive rside County Post-Release Accountability and Compliance Team (AB109 Pact Members) ("Agreement"): C ity of Corona , City of Indio , City of Lake Elsinore , City of Moreno Valley , City of Murrieta , City of Palm Desert and the City of Riverside ("Original AB109 PACT Members "). 2.2 Written Amendments . Pursuant to Section 4 of the Agreement, the following parties joined the Agreement and became AB109 PACT Members through duly approved written amendments on or about the dates noted: City of Cathedral City December 28 , 2015), City of Desert Hot Springs (March 29 , 2016) and City of Hemet May 25 , 2016) ("Added AB 109 PACT Members "). 2 .3 Newest Parties . Since the Original AB109 PACT Members and the Added AB109 PACT Members acknowledge that the following parties have been participating as if they have been AB109 PACT Members , even though written amendments to that affect have not yet been executed , the intent of this Amendment & Termination of AB109 MOU is, in part , to formally amend the Agreement to include them pursuant to Section 4 of the Agreement: City of Beaumont and City of Palm Springs ("Newest AB109 PACT Members "). 2.4 Defined Terms . The Orig inal AB109 PACT Members , the Added AB 109 PACT Members and the Newest AB 109 PACT Members shall be collectively referred to herein as the AB109 Parties. In addit ion, unless expressly defined herein , all capitalized terms used in this Amendment & Termination of AB109 MOU shall have the meanings ascribed to them in the Agreement. 2.5 Termination . Since the AB109 Parties believe that the Ag reement is no longer necessary , the intent of this Amendment & Termination of AB109 MOU is also to terminate the Agreement pursuant of Section 4 of the Agreement and to authorize the AB109 PACT Fiscal Agent to distribute all remaining AB109 Funds to those AB109 Parties designated herein . CA \DD\l 5000 .10 106\10236415 .1 3. TERMS. 3.1 Amendment. The Agreement is hereby amended to add the City of Beaumont and the City of Palm Springs as parties to the Agreement, and thus AB109 PACT Members , retroactively to the date they began providing AB109 services as if they were parties to the Agreement. 3.2 Distribution of AB109 Funds and Termination of Agreement. The AB109 PACT Fiscal Agent is hereby directed to distribute , as further provided for herein , all remaining AB109 Funds available to be distributed after paying any and all needed costs and expenses . Such funds shall be distributed to those AB109 Parties designated in Exhibit "A " attached hereto and incorporated herein by reference ("Final Distribution Parties"). The Final Distribution Parties shall promptly use the funds only to purchase replacement vehicles or other PACT approved equipment , and shall retain written documentation of such qualified expenditure . While the estimated amount of funds to be distributed is provided for in Exhibit "A " attached , the AB109 Parties understand , acknowledge and agree that the final amounts will vary based upon the final accounting of available funds . The AB109 Parties also understand , acknowledge and agree that not all AB109 Parties are receiving a distribution of the AB109 ·Funds . 3.3 Effective Date of Termination. Pursuant to Section 4 of the Agreement, the effective date of termination of the Agreement shall be the date on which the AB109 PACT Fiscal Agent makes the final distribution of AB109 Funds . 3.4 Ent ire Agreement; Authority. This Amendment &Termination Agreement shall constitute the final agreement and understanding of the AB109 Parties on the subject matter hereof. Each AB 109 Party warrants to the other Parties that the person executing this Amendment & Termination of AB109 MOU on its behalf has the authority to do so on its behalf. 3.5 Adequate Consideration . The AB109 Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment & Termination of AB109 MOU. 3.6 Counterparts . This Amendment & Termination of AB109 MOU may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON FOLLOWING 12 PAGES] CA\DD\15000 .10l06\1023 6415 .1 2 CITY OF BEAUMONT SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party, as evidenced by the signature of its duly authorized representative as of the day and year written herein below. BY : Sean Thuilliez , Chief of Police Date City of Beaumont Police Department CA\DD\l 5000 .10106\10236415. l ,.., CITY OF CATHEDRAL CITY SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Terminat ion of AB109 MOU has been executed on behalf of this Party , as evidenced by the signa t ure of its du ly au t horized representat ive as of the day and yea r written he rei n be low . BY : Charles P. McClendon , City Manager Cathedral C ity CA\DD\l 5000.10l 06\10236415 . l 4 Date CITY OF CORONA SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party , as evidenced by the signature of its duly authorized representative as of the day and year written herein below . BY: George Johnstone , Chief of Police City of Corona Police Department CA\DD\I5000 .10 I06\l0236415 .1 Date 5 CITY OF DESERT HOT SPRINGS SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party, as evidenced by the signature of its duly authorized representative as of the day and year written herein below. BY : Chuck Maynard , City Manager City of Desert Hot Springs CA\DD\l 5000 . l0l06\10236415.1 Date 6 CITY OF HEMET SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party, as evidenced by the signature of its duly authorized representative as of the day and year written herein below . BY: Eddie J. Pust, Chief of Police City of Hemet Police Department RECOMMENDED FOR APPROVAL: Christopher Lopez, City Manager City of Hemet CA\DD\15000 .10l06\102364l 5. I Date Date 7 CITY OF INDIO SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party , as evidenced by the signature of its duly authorized representative as of the day and year written herein below . BY : Mark Scott , City Manager City of Ind io CA\DD\I5000.10 l06\10236415 .1 Date 8 CITY OF LAKE ELSINORE SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party, as evidenced by the signature of its duly authorized representative as of the day and year written herein below . BY : Signature Date Name (Print) Title CA\DD\15000 .10 l06\10236415.1 9 CITY OF MORENO VALLEY SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party, as evidenced by the signature of its duly authorized representative as of the day and year written herein below. BY: Signature Date Name (Print) Title CA\DD\15000 .10!06\10236415 .1 10 CITY OF MURRIETA SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party , as evidenced by the signature of its duly authorized representative as of the day and yea r written herein below . BY : Kim Summers , City Manager City of Murrieta CA\DD\l 5000 .10 I06\102364 15 .1 Date 11 CITY OF PALM DESERT SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party , as evidenced by the signature of its duly authorized representative as of the day and year written herein below . BY : Signature Date Name (Print) Title CA \DD\I 5000 .10 I 06\10236415.1 12 CITY OF PALM SPRINGS SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of this Party , as evidenced by the signature of its duly authorized representative as of the day and year written herein below . Name (Print) LIT'/ ffi~N~c'Jf/c Title RECOG NDED FOR APPROVAL: il1~ Chief of Police Name (Print) APPROVED BY cnv COUNCIL ATTEST : A~47k \L 2-&lo City Clerk Nam~&ir ~ fYliji~ APPROVED AS TO FORM : CQ or~/3~ Name (Print) CA\DD\l 5000 .10l06\l0236415 .1 13 CITY OF RIVERSIDE SIGNATURE PAGE IN WITNESS WHEREOF , this Amendment & Termination of AB109 MOU has been executed on behalf of th is Party , as evidenced by the signature of its duly authorized representative as of the day and year written herein below. BY : Signature Date Name (Print) Title RECOMMENDED FOR APPROVAL: Chief Financial Officer/City Treasurer Name (Print) ATTEST: City Clerk Name (Print) APPROVED AS TO FORM : City Attorney Name (Print) CA \DD\I 5000 . IOI06\10236415.1 14 EXHIBIT "A" AB109 PACT FUND FINAL DISTRIBUTION SEE ATTACHED 1 PAGE] CA\DD\I 5000 .10 106\l 0236415 .1 15 AB 109 PACT IEstimated -Remaining Fund Balance , CTD May 2020 I$ 211,973 .49 I F inal Ag ency All ocation for Vehicle Replacement o r PACT A pproved Eq uipment: City of Bea umont $ (23 ,552 .61) City of C athedral Ci ty $ (23 ,552 .61) City of Corona $ (23,552 .61) City of Desert Hot Springs $ (23 ,552 .61) City of Hemet $ (23 ,552.61) City of Ind io $ (23 ,552 .61) City of Lake El si nore $0 .00 City of Moreno Valley $0 .00 C ity of Murrieta $ (23 ,552 .61) C ity of Palm Dese rt $0 .00 C ity of Palm Sp ring s $ (23 ,552 .61) C ity of Riverside $ (2 3 ,552 .61) Paid / Agency Re im bursement Su btota l $ (211 ,973.49) Estimated Ending Fund Balance I $ Amount m ay change as additio nal interest posts Contract Company Name: Company Contact: Summary of Services : Contract Price : Funding Source : Contract Term : Contract Administration Lead Department : Contract Administrator: Contract Approvals CONTRACT ABSTRACT Riversid e County Probation Department El izabeth Casti ll o (Fiscal Unit -Riverside Cou nty Probation D e partm ent) Renew Agreement with Rivers id e County Probation Department and Post-release Acco un tab ili ty and Compli ance Team (PACT) 2 16 ,500.00 FY 2 0/21 Palm S prin gs Po li ce Departm ent Me li ssa Desmarais, Police Captain Council/ Community Redevelopment Agency Approval Date : Ja nu ary 28, 202 1 I JAgendaItemNo./ Resolution No .: Agreement No : Contract Compliance Exhibits : Signatures : Insurance: Bonds Contract prepared by: Captain Melissa Desmarais Submitted on : February 1, 2021 By : Captain Melissa Desmarais CITY COUNCIL STAFF REPORT DATE: January 28 , 2021 CONSENT CALENDAR SUBJECT : RENEW AGREEMENT WITH COUNTY OF RIVERSIDE , ON BEHALF OF PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT FROM : David H. Ready , City Manager BY : Police Department SUMMARY It is recommended that the City Council renew an agreement between the Palm Springs Police Department and the County of Riverside , on behalf of its Probation Department and the Post-release Accountability and Compliance Team , through June 30, 2021. RECOMMENDATION: 1. Renew an agreement with Riverside County , on behalf of its Probation Department and Post-release Accountability and Compliance Team , through June 30 , 2021 . 2 . Authorize the City Manager to execute all necessary documents . STAFF ANALYSIS : The implementation of Public Safety Realignment Act of 2011 resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department. On August 30 , 2011 , the Community Corrections Partnership Executive Committee of Riverside County voted unanimously on the need for a county-wide law enforcement component to this supervision . The Riverside County Sheriff's Department , Riverside District Attorney 's Office, Riverside County Probation and the twelve municipal law enforcement agencies in Riverside County , including the Palm Springs Police Department , have built the infrastructure for this critical enforcement. The Post-release Accountability and Compliance Team (PACT) is a county-wide, multi-jurisdictional team comprised of members from each of these organizations . City Council Staff Report January 28 , 2021 Page 2 PACT Agreement The Police Department has been a member of the Post-release Accountability and Compliance Team (PACT) since its inception in 2011. The team is under the supervision of a Cathedral City Police Department supervisor and works with Probation to focus on realignment offenders that pose the most risk to public safety . The Palm Springs Police Department supplies one officer to PACT and is responsible for supplying the officer with a vehicle and all necessary equipment. FISCAL IMPACT: There is no additional impact to the General Fund , as this position is part of the authorized personnel for the Police Department. The Riverside County Probation Department will reimburse the City of Palm Springs for the fully-burdened costs , including overtime costs consequent to their assignment , of one police officer assigned to PACT , up to $216 ,500 .00 annually . Chief of Police Attachments : 1) County of Riverside PACT Agreement David H. Ready , Esq., Ph.D . City Manager THE COUNTY OF RIVERSIDE1 ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST~RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UN DERSTANDING TABLE OF CONTENTS 1.0 Background ................................................................................................... , ................ 3 2.0 Definition ....................................................................................................................... 3 3.0 Purpose and Statement of Work ................................................................................... 4 4.0 Term ............................................................................................................................... 5 5.0 Amendment or Termination of MOU .......................................................................... 5 6.0 Audits ............................................................................................................................. 5 7 .0 Records Retention ........................................................................................................ 6 8.0 Financial Reports ........................................................................................................... 6 9.0 Confidentiality ............................................................................................................... 6 10.0 Hold Harmless and Indemnification .............................................................................. 6 11.0 Assignment ..................................................................................................................... 7 12.0 License and Certification ............................................................................................... 7 13.0 Compliance, Governing Law and Severability .............................................................. 7 14.0 Compensation ................................................................................................................ 8 14.1 Maximum Amount .............................................................................................. 8 14.2 Method, Time and Schedule/Cond ition of Payments ......................................... 8 14.3 Use of Funds ......................................................................................................... 9 14.4 Disallowance ....................................................................................... ~ ................ 9 14.5 Availability of Funding .......................................................................................... 9 15.0 Notices ............................................................................................................................ 9 16.0 Merger Clause .............................................................................................................. 10 SIGNATURE PAGES ................................................................................................................. 11 Exhibit A: Quarterly Financial Summary Report Template .................................................. 24 Exhibit B: PACT Invoice Template .......................................................................................... 25 Exhibit C: Distribution of Annual PACT Allocation by City .................................................... 26 Exhibit D: PACT Frequently Asked Questions ....................................................................... 27 Exhibit E: Funding & Reimbursement Policy & Guidelines for Regional PAC Teams .......... 30 Page I 2 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 1.0 BACKGROUND The Public Safety Realignment Act of 2011 {Realignment) implementation resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department {hereinafter Probation). On August 30, 2011, the Community Corrections Partnership Executive Committee {CCPEC) of Riverside County (County) voted unanimously for the need of a county-wide law enforcement component. The twelve (12) city police chiefs, the Riverside County Sheriff, the Riverside County District Attorney and Probation have built the infrastructure to support this type of critical enforcement . The Post-release Accountability and Compliance Team (hereinafter PACT) is a county-wide multi-jurisdictional team composed of Probation, the Banning Police Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County District Attorney, and the Riverside County Sheriff's Department representing the seventeen Sheriff's contract cities within the County. The primary mission of PACT is to work with Probation to focus on "high-risk" and 11at-large" realignment offenders that pose the most risk to public safety. PACT is dedicated to: Identifying and investigating "non-compliant" realignment offenders, Locating and apprehending "at-large" and "high-risk" realignment offenders, and Performing probation compliance sweeps. Through sustained, proactive and coordinated investigations, PACT will be able to share information, serve warrants, locate and apprehend violators, and reduce the number of realignment offenders who abscond. The support of the PACT allows Probation more time and resources to focus on case management, addressing treatment needs, and ensuring compliance with Court ordered conditions. 2.0 DEFINITION Probation Officers are peace officers under 830.5 PC. The authority of probation officers shall extend only as follows: Page I 3 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY .REALIGNMENT MEMORANDUM OF UNDERSTANDING 1) To conditions of parole, probation, mandatory superv1s1on, or post-release community supervision by any person in this state on parole, probation, mandatory supervision, or post-release community supervision. 2) To the escape of any inmate or ward from a state or local institution. 3) To the transportation of persons on parole, probation, mandatory supervision, or post -release community supervision. 4) To violation of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. S} To the rendering of mutual aid to any other law enforcement agency. In light of the above, there must be a nexus between probation/ parole conditions for the Probation Officer to be involved. The Probation Officers involvement is limited to the conditions outlined. There is no provision for the Probation Officer to engage in 830.1 PC actions or activities. In terms of mutual aid, unless there is an immediate threat to life (Person or Persons whose life is in real and immediate danger from the criminal acts of others}, the Probation Officer's assistance will be limited based on the conditions outlined and within current law. 3.0 PURPOSE AND STATEMENT OF WORK This Memorandum of Understanding (MOU) is entered into by and between Probation, the Banning Police Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County Sheriff's Department Coachella, Lake Elsinore and San Jacinto stations for monetary reimbursement from realignment funds for expenses related to their participation in PACT. The police chief of the Beaumont Police Department is the voting member of the CCPEC and represents the PACT agencies participating in this MOU. Probation and PACT agree to the terms and conditions of this MOU, which will be effective immediately and remain in effect until terminated or modified as defined in section 4.0 of this MOU. Page I 4 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEA E ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 4.0 TERM This MOU shall be effective upon execution by signature of the Chief Probation Officer of Riverside County and the Chiefs or City Managers of each participating PACT agency or their respective designees. The term of this MOU shall be for the Riverside County fiscal year commencing on July 1, 2020 and ending on June 30, 2021. Thereafter, the parties will enter into a new MOU (the "Ne w MOU ") upon annual approval of the County's Realignment budget by the CCPEC; this MOU shall remain in effect until the MOU is effective. 5.0 AMENDMENT OR TERMINATION OF MOU This MOU, along with any incorporated attachments, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made in the form of a written amendment to this MOU formally approved and executed by both Probation and each participating PACT agency. This MOU may be amended at any time with the written concurrence of all parties. Consideration for amendment will be given upon written notification by one party to the others. Probation and PACT will review this MOU at least annually and modify as needed. Any participating PACT agency can withdraw participation in this agreement with or without cause upon thirty (30) days written notification to Probation and PACT. Participation withdrawal will take effect thirty (30) days following receipt of notification and terms and conditions of this MOU continue in full force for the remaining PACT agencies. This MOU can be terminated with or without cause by either Probation or PACT upon thirty 30) days written notification to the other party or due to unavailability of funding. Termination of the MOU will take effect thirty (30) days following receipt of the written notice of termination or upon effective date of funding expiration. 6.0 AUDITS PACT agrees that any duly authorized representative of the Federal, State, or local government shall have the right to audit, inspect, excerpt, copy or transcribe any pertinent records, electronic data and documentation relating to this MOU. Any audit exception, as it relates to this MOU, resulting from an audit conducted by any duly authorized Page I 5 THE COUNTY OF RIVERSlDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING representative of the Federal, State, or local government shall be the responsibility of the PACT agencies. Any audit disallowance adjustments must be paid in full upon demand if required, or may be withheld at the discretion of the Chief Probation Officer against amounts due to PACT under this or any PACT agreement with Probation. 7.0 RECORDS RETENTION Each party agrees to retain all records pertaining to this MOU for the period indicated in the Riverside County Records Retention General Schedule per Board of Supervisors Policy A-43 unless otherwise indicated by the source of funds. If, at the end of the retention period, there is ongoing litigation or an audit involving those records, each party shall retain the original records until the resolution of such litigation or audit. 8.0 FINANCIAL REPORTS Four financial reports are to be submitted quarterly by each PACT partner during each fiscal year covering the following reporting periods: Quarter 1 2 3 4 Reporting Period July 1-September 30 July 1-December 31 July 1-March 31 July 1-June 30 The CCPEC approved template for financial report submission is incorporated herein as Exhibit A. The summary PACT report for each quarter will be compiled and presented to CCPEC by Probation. Due dates for quarterly financial reports are established annually by the CCPEC. 9.0 CONFIDENTIALITY All parties agree to maintain the confidentiality of all information in accordance with all applicable Federal, State and local laws and regulations. 10.0 HOLD HARMLESS AND INDEMNIFICATION Each participating agency agrees to indemnify and hold the other participating agencies harmless from any and all liability for death, injury and/or damage, actual or alleged, to persons or property, arising out of, or resulting from negligent acts or omissions of the indemnifying party or its employees. When Probation, PACT itself, or its agents are held liable for deaths or injuries to persons or property, each party's liability for contribution or Page I 6 THE COUNTY OF RIVE.RSI.DE, ON BEHALF OF ITS PROBATION .DEPARTMENT AND POST-REL EA E ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UN.DERSTAN.DING indemnity for such injuries shall be based proportionately upon the contributions of each participating agency . In the event of liability imposed upon any of the participating agencies for death, injury, and/or damage which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this MOU, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to $100.00. The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless from any liability for death, injury and/or damage arising out of the performance of this MOU. 11.0 ASSIGNMENT This MOU shall not be assigned by any party hereto, either in whole or in part, without prior written consent of the other parties. Any assignment or purported assignment of this MOU without the prior written consent will be deemed void and of no force or effect. 12.0 LICENSE AND CERTIFICATIONS When applicable, all parties verify upon execution of this MOU, that all work performed pursuant to this MOU will possess a current and val id license/certification in compliance with any local, State, and Federal laws and will be performed by properly trained and licensed/certified staff. 13.0 COMPLIANCE, GOVERNING LAW, AND SEVERABILITY PACT shall comply with all applicable Federal , State, and local laws and regulations. In the event there is a conflict between the various applicable laws and regulations, the PACT shall comply with the more restrictive law or regulation. Any legal action related to this MOU shall be filed only in the Superior Court for the State of Cal ifornia in Rivers ide, Californ ia. All parties shall be obligated to attend a mediation session before a neutral third -party mediator prior to the filing of any legal action. If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or enforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Page I 7 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 14.0 COMPENSATION 14.1 Maximum Amount: Maximum allowable costs for FY2020-2021 under this MOU shall not exceed 3,429,500.00 or as approved by CCPEC for each annual fiscal year's budget. Annual allocations assigned to each PACT agency are detailed in Exhibit C, incorporated herein. 14.2 Method, Time and Schedule/Condition of Payments: Within thirty (30) days of the end of each month in which services were rendered, each participating PACT agency will prepare and submit to the Probation Principal Accountant assigned to the program, via email, a reimbursement claim/journal entry for services and expenditures performed and incurred during the month. Using the invoice template, incorporated herein as Exhibit B, claim documentation will include, but is not limited to, an invoice with an itemized expenditure summary of Salaries & Benefits and Services & Supplies; and copies of timesheets, pay registers, and vendor invoices or receipts, as applicable. Upon review and approval, Probation shall process each claim within fifteen (15) business days. The corresponding payment voucher will be forwarded to the County Auditor-Controller's office for processing. Invoices will be held beyond the fifteen (15) business days when an annual fiscal year realignment budget has not been approved by the CCPEC and the County Board of Supervisors. Upon approval by both governing bodies, held invoices will be released to the Auditor-Controller's office for processing. Each year, estimates for the month ending June 30 should be provided to Probation by June 20 with the final invoice due July 31 or next available working day. If PACT ceases provision of services for any period, then no payment will apply for that period. Probation will reimburse PACT for services provided in accordance with the terms and conditions contained herein. Additional clarifications on the reimbursement process are provided as part of the Frequently Asked Questions, incorporated herein as Exhibit D. Page I 8 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 14.3 Use of Funds: PACT agencies shall not use any funds received pursuant to this MOU for any other program, project, or purpose. PACT shall not use realignment funds to supplant by claiming reimbursement from Probation for any costs which have been paid by another source of revenue. PACT agrees that it will not use funds received pursuant to this MOU, either directly or indirectly, for purposes of obtaining funds under any other program without prior written approval of Probation. Additional guidelines for use of funds received pursuant to this MOU are provided in the Funding and Reimbursement Policy and Guidelines for Regional PAC Teams as developed by the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) in cooperation with Probation, incorporated herein as Exhibit E. Any revisions by ARCCOPS to the guidelines will supersede the attached exhibit. 14.4 Disallowance: In the event PACT receives payment for services pursuant to this MOU which is later disallowed for nonconformance with the terms and conditions herein by Probation, PACT shall promptly refund the disallowed amount to Probation upon request, or at its option, Probation may offset the amount disallowed from any payment due to PACT under any PACT agreement with Probation. 14.5 Availability of Funding: Probation's obligation for payment under this MOU is contingent upon the availability of funds from which payment can be made . 15.0 NOTICES All notices, claims, correspondence, reports, and/or statements authorized or required by this MOU shall be addressed for each location as follows: Page I 9 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLlC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Riverside County Probation Department Probation Administration Administrative Services Manager Ill -Fiscal Services Division P.O. Box 833 Riverside, CA 92502 951) 955-2983 Post-release Accountability and Compliance Team Sean Thuilliez, Chief of Police Beaumont Police Department 660 Orange Avenue Beaumont, CA 92223 951) 769-8507 sthuilliez@beaumontpd.org All notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports, and/or statements authorized or required by this MOU addressed in any other fashion will not be acceptable. 16.0. MERGER CLAUSE This MOU, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing, including the FY19-20 MOU. Page I 10 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post-release Accountability and Compliance Team by the signatures of the duly authorized respective agents , and the day and year written herein below. Ron Miller II, Chief Probation Officer Riverside County Probation Department FORM APPROVED COUNTY COUNSEL BY: ----------- DATE: _________ _ Date Page I 11 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post -release Accountability and Compliance Team by the signatures of the duly authorized respective agents , and the day and year written herein be low. Sean Thuilliez, Chief of Police Beaumont Police Department Date Page I 12 THE COUNTY OF RIVERSIDE , ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post-release Accountabi l ity and Compliance Team by the signatures of the duly authorized respective agents , and the day and year writte n herein below. Charles P. Mcclendon, City Manager Cathedral City Date Page I 13 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post-release Accountabil ity and Compliance Team by the signatures of the duly authorized respective agents , and the day and year written herein below. George Johnstone, Chief of Police Corona Police Department Date Page I 14 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post-release Accountability and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. Chuck Maynard, City Manager City of Desert Hot Springs Date Page I 15 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post-release Accountability and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. Eddie Pust, Chief of Police Hemet Police Department Christopher Lopez, City Manager City of Hemet Date Date Page I 16 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Rivers ide County Probation Department and the Post -release Accountability and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. Mark Scott, City Manager City of Indio Date Page I 17 THE COUNTY OF RIVERSlDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post -release Accountab ility and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. Kim Summers, City Manager City of Murrieta Date Page I 18 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM I FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGN ATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post -release Accountability and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. City Manager City of Palm Springs ATTEST : APPROVED AS TO FORM: CityAttorney AP PROVED BY CITY COUNCIL : Date r Page I 19 ff ; . ' THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post -release Accountabil ity and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. Lea Deesing, Assistant City Manager City of Riverside Date Page I 20 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post -release Accountability and Compliance Team by the signatures of the duly authorized respective agents, and the day and year written herein below. Chad Bianco Date Riverside County Sheriff-Coroner Coachella, Lake Elsinore and San Jacinto Stations) Page I 21 THE COUNTY OF RIVERSIDE , ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the Post-release Accountability and Comp liance Team by t he signatures of the duly authorized respective agents , and the day and year written here in be low. Doug Schulze , City Manager City of Banning Date Page I 22 THE COUNTY OF RIVERSlDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Rivers ide Co u nty Probation Department and the Post -release Accountability and Compliance Team by t he signatures of the duly authorized respective agents , and the day and year written herein below. City Manager City of Menifee Date Page I 23 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Exhibit A-Quarterly Financial Summary Report Template AB 109 Community Corrections Partnership Executive Committee FY 2020/21 Financial Report -Operating Funds Reporting Period Dates) CCPEC Agency (0.partmeft Name) 0.pt NulTMr (K' applicabkt): (Budget lkvt) Reporttng Perk>d (1, 2, 3, or 4) r-iP~ FY(YV/YYJ I o~. J (Rapofting Period Diles) (Next Period Oates) FY (YYfVY) Yur~nd Year-end ILevelDHcriplonBudg•t Of8ud9et Actual• E611mates Esdmatu Varlanee 19 "' 2 SUDClies & SeNCff o, 0' 0 0 g 0 I O• -n--;;--0 • Faed Assets 0 ~j-0 0 0 _!l t 0 C 0 0 0 Full -Year (On-Ooln9) Estlmatu 0 0 0 0 Totlll Expenditures .. 1--so+ .. so ' so ...!t I-_!\ FY (YVIYYJ ""· i (Repo,tlng Period Da•5) [ (Nut Period Oat1!5) FYff'(('('('JYur-end Yur-end Full-Yu, (On-Gofng) Cod• Oucription Budget ~~udget Actuals Esbmates &•m•tu Vartanc.~ _&Dmalles ... ~r ... so I!! 0 ~-0 0 0 0 0 c , 0 0 0 Q Tolal O.pl Revenue .. soi .. .. $0 $0 .. I I iw.= ., ·.··" ---· - -' CCPEC Agency: {Department Name) Dept Nuni>er(if appficab~): (Budget Urvt) NARRATIVE Reporting Period (1 , 2, 3, or") (Penod l ) 1 OescriDtlon of wreri bodoet status 1nciJdina amkrown or nn1-ma1 oroblem areas WJthio lhe ho IN'Wlt an:J ootions and.lot recommendabons for addressina these issues. P1-U includl III this s«:f,on budg9t c»taus SUCh as number off, /e6'wcant pcait,ons. fi•ed asset •lJ)en(itw.s .tc;) 1, PrOV!de a s,_.......,, ... , of AB 109 actJ"1ties nerfotmed d·-lhe _,.._,..,.,...., _,..od -11 dMired conies or the ........-i. CCPEC re"'",..., rnav be ,....,,,.h<,,,f\ Reportft-9 Pertod: fReoortl,10PeriodOlt!1!S! Pt•pared by. Approw1:I by. Oat.: o.ia: Page I 24 f THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING f r EXHIBIT B PACT INVOICE TEMPLATE -- City Logo/ Letterhead) INVOICE : DATE : f-t t r--t-=------+ ----- I Bill to : RIVERSIDE COUNTY PROBATION DEPARTMENT FISCAL UNIT ADMIN SVC MGR PO BOX 833 RIVERSIDE , CA 92502 Invoice Type: PACT Description j PACT (City Name) Reimbursement for 1) Salaries and Benefits (Period : MM/DD/YR -MM/DD/YR) 2) 1supplies (receipts attached) l--- DUE DATE : Description : (Month) Invoice Total Price Month) Serv ic es ITotal Due $ 1--------. -+----~ Doc umentation with invoice includes copies of timesheets for billing period and verification of salary and benefits rates charged. Please note, for confidentiality purpose, original timesheets and any further verification of employees compensation will be on file with the City of (City Name), Human Resources Department and availa ble to an authorized auditing official for review. L I, the undersigned, hereby certify the above claim submitted for reimburesement are true and correct Realignment expenditures in accordance with the Memorandum of Understanding (MOU) between the Rivers ide County Probation Department and the Post-release Accountability and Comp l iance Team (PACT). t I I t I f I f -----------------------------: Signature - Please remit ayment to : j t-Title Date Provide city infonnation) L-1 THE COUNTY OF RIVERSIDE , ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Exhibit C Distribution of Annual PACT Allocation by City City of Banning $ 216,500.00 City of Beaumont $ 216,500 .00 Cathedral City $ 270,000.00* City of Coachella $ 216,500.00 City of Corona $ 216,500.00 City of Corona -(Corporal) $ 238,000.00 City of Desert Hot Springs $ 216,500.00 City of Hemet $ 270,000.00* City of Indio $ 216,500 .00 City of Lake Elsinore $ 216,500.00 Menifee $ 216,500.00 City of Murrieta $ 216,500.00 City of Palm Springs $ 216,500.00 City of Riverside $ 270,000 .00* City of San Jacinto $ 216,500.00 FY20/21 Total Annual PACT Allocation $ 3,429,500.00 PACT agencies with sergeants assigned to the teams receive $270 ,000 each . PACT agencies wit hout sergeants assigned to the teams receive $216,500, and corporal receives $238 ,000 as dictated by the approved ARCCOPS memorandum (Exhib it E) revised October 2020. Page I 26 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 1. Year End: Exhibit D Frequently Asked Questions a. What is a year-end estimate claim and what needs to be included? i. A year-end estimate claim allows Probation to encumber funds for payment from the current fiscal year into the beginning of the next to cover expenditures incurred during the month of June and have a record that the final submittal is pending. ii. If funds are not encumbered to cover final year-end claims and a claim is submitted, the reimbursement may be charged against the PACT agency's allocation for the next fiscal year. iii. To submit a year-end estimate claim form: 1. Use the Invoice Template (Exhibit B) provided, 2. In the location on the form for listing the month/year of the claim, please mark as the June Estimate , 3. Based on remaining annual funds and use of funds to date generate estimated expenditures for the month of June; 4. Attach any advance approvals for services/supply/equipment purchases, and 5. Submit estimate to Probation no later than June 20 of each year. b. What if the claim for actual year-end expenditures is not submitted before the County's year-end submission deadline? i. If the claim for actual year-end expenditures is not received by the deadline, Probation will process payment to the PACT agency using the estimate provided. ii. When the claim is received (after the deadline), if expenditures exceed the estimate, Probation will process payment for the difference and the difference w ill be paid from any rollover funds. If the expenditures are less than the estimate, the PACT agency is required to refund the overpayment back to Probation. c. What documentation is needed to include major purchases in the year-end estimate? Page I 27 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING i. To include year-end expenditures that will not complete processing in the current fiscal year, the submitting PACT agency needs to provide proof of intent to purchase the major item, such as vehicles. ii. Proof of intent to purchase can be represented by approval documents from a City Council, an approved purchase order, an approved requisition, or a copy of the documents used by the City to encumber funds in their own fiscal year budget allowing Probation sufficient documentation to encumber funds to reimburse the submitting PACT agency . d. What if the estimate is overstated? i. If funds encumbered funds are remaining after the final year-end reimbursement claim is submitted (prior to year-end deadline), the funds will be released for use within Realignment. 2. Staff Substitution for Another PACT Agency a. What is the process to submit claims when substituting PACT staff by another police department due to staff shortages? i. The Police Department providing the staff substitution must bill the PACT Agency suffering the staff shortage. ii. The PACT Agency suffering the staff shortage will then submit their monthly claim to Probation . The claim should include back -up documentation reflecting invoices and payment to the substituting Police Department for staff services rendered. Any back -up documentation provided by the substituting Police Department (such as timesheets) should be included in the monthly claim. iii. PACT Agencies cannot bill against another PACT Agency's allocation. 3. Mileage Claims a. What documentation is required to submit for mileage claims? i. A mileage log reflecting record of what miles are used for PACT specific duties is sufficient back-up for a mileage claim . b. What if a vehicle is 100% PACT? i. Fuel reimbursement statements reflecting the vehicle's mileage use over the course of the fiscal year is sufficient back-up for mileage reimbursement . Page I 28 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 4. Staff Time a. Can vacation, sick, and compensation time earned be paid? i. Yes, vacation, sick, and compensation time earned while performing PACT duties can be paid. ii. Detailed tracking of when the time is earned and when it is paid will need to be provided as back -up to the claim. The tracking is necessary to ensure no duplication of payment is requested (i.e. reimbursement for compensation time on one pay period and on the next pay period requesting reimbursement for time-off using those same backed compensation time hours). A tracking sheet can be provided upon request. iii. PACT Agencies that allow their officers to 'sell back' their compensation time at the end of the year can claim those hours as part of their reimbursement. Detailed tracking reflecting that the compensation time is earned while performing PACT duties must be submitted as back-up . b. Our police department uses electronic timesheets. Is a report from the timesheet system acceptable back-up? i. Yes, a report from the timesheet system is acceptable as long as it reflects when the employee approved their timesheet and when the supervisors counter-approved their timesheets. Page I 29 I. THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING Exhibit E A _, ,, d'• /I,,! R .,.,. ,/1· C ,_df''• C 1,,,,1, ,r p ,_ ",· J/1,: S t,cr,!f FUNDING AND REIMBURSEMENT POLICY AND GUIDELINES FOR REGIONAL P.A.C. TEAMS Rev. 10/2020 PURPOSE: The purpose of this policy is to set forth standardized procedures for oversight and funding of personal assigned to Regional PAC Teams , II. ORGANIZATION: Each regional PAC Team will establish a governing board including on command- level representative from each participating agency . A. The regional governing board will provide operational and financial support and oversight to the regional team. B. The regional board may also determine when a financial need merits a request for additional funding to one of the funding entities (CCPEC or ARCCOPS). Ill. MEMERSHIP: PAC Team membership is open to all law enforcement agencies who are members of ARCCOPS . The voting membership of ARCCOPS shall determine which agencies will receive funding . IV . A. Agencies interested in participating and receiving reimbursement shall submit a request to the ARCCOPS voting membership. 1. ARCCOPS will determine agency participation and reimbursement as requested base on available funding and regional needs . FUNDING & REIMBURSEMENT: Funding for PACT personal is provided through the Community Corrections Partnership Executive Committee (CCPEC) and the Riverside County allocation of AB- 109 mitigation grant (Cal Chief's). A. Participating PAC Team agencies may submit for reimbursement for direct costs associated with deploying personnel dedicated to the PACT Team. B. Reimbursement will be limited to the following: Page I 30 THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT MEMORANDUM OF UNDERSTANDING 1. Actual cost of all salary , benefits, paid leave and overtime pa i d to agency employees for work while assigned and worki ng for a PAC Team. 2. Mileage (at the published IRS rate) for miles traveled using an agency vehicle for trave l to, from and during PAC Team activities . C. Total reimbursement shall not exceed $216,500 per fiscal year for each police officer or detective assigned ; $238,000 per fiscal year fo r corporal assigned ; and $270,000 per fiscal year for each sergeant assigned to supervise a PAC Team . D. Participating agencies shall submit detailed expenditure cla i ms on a monthly basis to the appropriate funding entity (CCPEC via County Probation or ARCCOPS via city of Corona). Page I 31