City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JULY 19, 2022 FROM: POLICE DEPARTMENT WARDS: ALL
SUBJECT: AUTHORIZE PAYMENT TO THE COUNTY OF RIVERSIDE IN THE ESTIMATED AMOUNT OF $174,000 FOR SERVICES RENDERED BETWEEN JANUARY 1, 2020 THROUGH JUNE 30, 2022 AND APPROVE THE PROFESSIONAL SERVICE AGREEMENT FOR ADULT/ADOLESCENT FORENSIC SERVICES WITH THE COUNTY OF RIVERSIDE IN AN ANNUAL AMOUNT OF $70,800 WITH THE OPTION TO EXTEND FOR UP TO TWO ADDITONAL YEARS ISSUES:
Authorize payment to the County of Riverside in the estimated amount of $174,000 for services rendered between January 1, 2020 through June 30, 2022, and approve the Professional Service Agreement for Adult/Adolescent Forensic Services with the County of Riverside for a term of July 1, 2022 through June 30, 2023 in an amount of $70,800 plus two optional one-year extensions.
RECOMMENDATIONS:
That the City Council:
Authorize the payment to the County of Riverside in the amount of $174,000 for services rendered between January 1, 2020 through June 30, 2022; Approve the Professional Service Agreement for Adult/Adolescent Forensic Services with the County of Riverside with a term ending June 30, 2023, in the amount of $70,800 plus two optional one-year extensions in an annual amount of $70,800; and Authorize the City Manager, or designee, to execute the Professional Service Agreement for Adult/Adolescent Forensic Services with the County of Riverside, including making minor and non-substantive changes, and the two additional one-year extensions in the amount of $70,800 annually.
BACKGROUND:
The City of Riverside entered into a Professional Services Agreement with the County of Riverside University Health System-Medical Center (RUHS-MC) in July 1, 1997 for Sexual Assault Forensic Services at a cost of $0.00 per examination.
On July 1, 2008, the City of Riverside and the County of Riverside entered into a Memorandum of Understanding (MOU) for the provision of Sexual Assault Response Team (SART) forensic examinations. The MOU established the cost for SART examinations at $900 per examination.
In 2017, the County of Riverside approached the City of Riverside about entering into a new MOU for the provision of SART examinations at a proposed cost to the City of $1200 per examination. The Police Department conducted research and found that California Penal Code 13823.95 capped the cost for these types of examinations at $300 per examination. It was determined that an MOU would not be necessary, as the scope and cost of the SART examinations were established by statute. Therefore, the City of Riverside continued working with the County of Riverside in regard to SART examinations in accordance with California Penal Code 13823.95 at a cost of $300 per examination.
In 2019, Assembly Bill 538 amended California Penal Code 13823.95 removing language referencing the $300 cap and adding language referencing a “locally negotiated rate.” The City of Riverside subsequently entered into negotiations with the County of Riverside to establish the “locally negotiated rate” for SART examinations.
The negotiations were extended due to the COVID-19 outbreak in 2020, however, RUHS-MC agreed to continue to provide SART examinations at what would eventually be the “locally negotiated rate” while negotiations continued.
DISCUSSION:
The County of Riverside University Health System-Medical Center continued to conduct SART examinations during MOU negotiations between January 1, 2020 and June 30, 2022 at the “locally negotiated rate” of $1200 per examination for a total estimated cost of $174,000. This onetime payment would also be issued to the County of Riverside in Fiscal Year 2022-23 upon execution of the MOU for services rendered.
Additionally, In accordance with the proposed MOU, RUHS-MC will provide professional personnel trained in examining sexual assault victims, victims of strangulation, and/or victims of interpersonal violence and other services that meet the evaluation and evidentiary needs of the Police Department for prosecution of sexual assault cases at a cost of $1200 per SART examination with a term ending June 30, 2023. Based on an estimated number of SART examinations that may occur during the term of the MOU, the cost is estimated to be $70,800 for Fiscal Year 2022-23.
Utilizing the County of Riverside for SART examination services is in accordance with Purchasing Resolution 23812, Section 702(g), which states, “Competitive Procurement through the Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances:…(g) Where payment for Services is to be made to a Federal, State, and/or other public entity.” The Purchasing Manager concurs that the recommend actions are compliant with Purchasing Resolution No. 23812, 702(g).
STRATEGIC PLAN ALIGNMENT:
This item contributes to Strategic Priority No. 2 Community Well-Being and Goal No. 2.4 – Support programs and innovations that enhance community safety, encourage neighborhood engagement, and build public trust.
This item aligns with EACH of the five Cross-Cutting Threads as follows:
Community Trust – The Riverside Police Department is dedicated to improving quality of life by creating a safe environment in partnership with the people it serves. The Departments ability to partner with the County of Riverside and other local agencies serves to benefit the public safety of the City’s diverse populations, and results in the greater public good.
Equity – The Riverside Police Department provides public safety services to all residents in the City of Riverside. The partnership between the Police Department and the County of Riverside helps provide equitable distribution of public safety services.
Fiscal Responsibility – The Department is proposing this purchase in accordance with Purchasing Resolution 23812, Sections 702(g) Acquisition of Services which states, “Competitive Procurement through the Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances… “Where payment for Services is to be made to a Federal, State, and/or other public entity.” Innovation – The Riverside Police Department must constantly change and adapt to meet the community’s changing needs and prepare for the future. Partnerships with the County of Riverside provide the Department with additional resources to achieve this goal.
Sustainability & Resiliency – Regularly assessing the Riverside Police Departments services, making changes as needed and utilizing valuable partnerships with other agencies allows the Department to meet the needs of the present without compromising the needs of the future and ensures the City’s capacity to preserves, adapt and grow.
FISCAL IMPACT:
The total fiscal impact of the action is $244,800. The total is comprised of the estimated one-time payment of $174,000 for examinations conducted during MOU negotiations between January 1, 2020 and June 30, 2022 plus a not to exceed amount of $70,800 for examinations conducted throughout Fiscal Year 2022-2023. Sufficient funds for the respective fiscal years are budgeted and available in the General Fund, Police Central Investigations, Professional Services account no. 3130000-421000.
In the event the Department choses to execute the option to extend the Professional Service Agreement for up to two additional years, the annual cost is not expected to exceed $70,800. Appropriations for future fiscal years will be included in the Department’s budget submissions for those fiscal years to be presented to the City Council for approval.
Prepared by: Larry V. Gonzalez, Chief of Police
Certified as to
availability of funds: Kristie Thomas, Assistant Chief Financial Officer Approved by: Edward Enriquez, Interim Assistant City Manager/Chief Financial Officer/City Treasurer
Approved as to form: Phaedra A. Norton, City Attorney
Attachment: Professional Service Agreement for Adult/Adolescent Forensic Services with the County of Riverside Riv. Co RUHS-MC 2022/2023hPage 5