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HomeMy WebLinkAbout2004-114I 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 RESOLUTION NO. 2004-114 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RENEWAL AGREEMENT WITH CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT TO FORM A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING THE ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino authorizes the Mayor, or her designee, to execute a renewal Agreement with California Bureau of Narcotic Enforcement to form a Clandestine Laboratory Task Force to investigate and prosecute criminal cases involving the illegal manufacturing of controlled substances for the period of March 1, 2004 through March 1, 2007. A copy of said contract is attached hereto as Exhibit "A" and incorporated herein by reference in its entirety. 1 2004-114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RENEWAL AGREEMENT WITH CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT TO FORM A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING THE ILLEGAL MANUFACTURING OF CONTROLLED SUBSTANCES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 3rd day of May 2004, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x The foregoing Resolution is hereby approved this ��day of May 2004. Approved as to form and legal content: 2 of San Bernardino EXHIBIT A DLE Agreement/MOU Summary Sheet BUREAU: ❑ BFS ® BNE ❑ CBI ❑ WSIN ❑ MSB ❑ CIB The attached document is in which stage? (check one): ® Draft Proposal ❑ Approved Final Proposal Program: Inland Empire Clandestine Laboratory Task Force Location: Riverside BNE Contact Person: Edward J. Synicky Telephone Number: (909) 782-4313 Title of Agreement/MOU: Inland Empire Clandestine Laboratory Task Force This Agreement/MOU is: ❑ New ® A Renewal ❑ An Amendment Dates of Agreement (beginning & ending): March 1, 2004 Through March 1, 2007 Type of MOU (e.g., RO Task Force, HIDTA, OCDETF, etc.): Regional Task Force Who originated MOU (e.g., DOJ, FBI, Sheriff/Police Department, etc.): DOJ 1) If this agreement provides a reimbursement to a specific Bureau, please check the box and complete the funding section below. ❑ Reimbursement to Bureau 2) If this agreement does not provide a reimbursement of any kind to a specific Bureau, please check the box and skip the funding section below. ® No Reimbursement to Bureau 3) If this agreement provides monetary assistance from a specific Bureau, please check the box. ❑ Monetary Assistance from Bureau 4) Indicate main funding source for this task force (e.g., Federal, FBI, OCJP grant, etc.): No Funding Required. Funding for Bureau (by line item): State FY State FY Funding Total Facilities Overtime Personnel Benefits Travel Equipment Data Processing Other Revised 02/03/03 TOTAL DLE Agreement/MOU Summary Sheet Title of Agreement/MOU: Inland Empire Clandestine Laboratory Task Force From which agency will the Bureau receive checks? (e.g., U.S. DOJ, Sacramento PD, etc.) N/A Potential for more than one year of funding: N/A Co -Locate Where? N/A Who pays for facilities, phones, lights, etc.? How will funds be secured if not enough in MOU - What will be done if facilities dropout? N/A Will this proposal require an amendment and/or expansion to Bureau's existing Lease? ❑ Yes Note details: Will this proposal require any expanded radio communications? Note details: ❑ Yes E No Will this proposal require any expanded data processing equipment? Note details: ❑ Yes N No Are you proposing the hire of new personnel? ❑ Yes E No If yes, are you proposing additional positions for your office or diversion of existing personnel? Number and classifications of DOJ/Bureau personnel (may hire Limited -Term only): 1-SAS and 5- Special Agents Signatures: ProgramManager/Crime Lab Manager/SAC Date: ❑ MSB Budget Unit Bureau Chief Date: ❑ MSB Research Unit '- ► I Revised 02/03/03 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) to establish Inland Empire Clandestine Laboratory Task Force (IECLTF) is entered into by the California Bureau of Narcotic Enforcement (Hereinafter BNE) and the following participating agencies. I. Ontario Police Department II San Bernardino Police Department Memorandum of Understanding Table of Contents Memorandum of Understanding I I. Purpose 2 II. Mission Statement 2 III. Task Force Council 2-3 IV. Management 3 V. Task Force Commander 3 VI. Compensation 3 VII. Training 3 VIII. Annual Report 3 IX. Resources 4 X. Equipment and property 4-5 XI. Asset Forfeiture 5 XII. Administration and Audit 5 XIII. Inspection Process 5 XIV. Non -Discrimination Clause 5 XV. Respective Responsibilities 6 XVI. Policy and Procedure Manual 6 XVII. Term of Agreement 6 XVIII. Authorization 6 Asset Forfeiture Formula Attachment I I. PURPOSE This agreement is made and entered into by and among the California Bureau of Narcotic Enforcement (Hereinafter BNE), the San Bernardino Police Department (Hereinafter SBPD), and the Ontario Police Department (Hereinafter OPD). There is overwhelming evidence that illicit manufacturing of controlled substances exists in the cities of Ontario and San Bernardino as well as other areas of San Bernardino County and Riverside County. Such illegal activity has a substantial and detrimental effect on the health and general welfare of the citizens within these areas. 11. MISSION STATEMENT The mission of the Inland Empire Clandestine Laboratory Task Force (Hereinafter IECLTF) will be to reduce the supply of, and demand for, precursor chemicals, laboratory equipment, and manufacturers of illegal drugs by increasing the risks of those involved in the possession, manufacture, transportation, or sale of controlled substances; to improve the operational inter- relationships of all participating state and municipal agencies; to effectively accumulate, assimilate, and disseminate illicit drug laboratory intelligence and related criminal information to the appropriate law enforcement agencies in the appropriate geographical areas. III. TASK FORCE COUNCIL IECLTF will be governed by a Task Force Council. Structure - The Task Force Council will consist of the Special Agent -in -Charge (SAC) of the Riverside BNE Regional Office or his/her designee; and the department heads of each participating agency or his/her designee. The participants of the council may change on a case -by -case basis. The Chairman of the Task Force Council shall be the SAC of the Riverside BNE Regional Office or his/her designee. 2. Participating Agency - A "Participating Agency" is an allied local, state, or federal law enforcement agency that has made a commitment of resources either on an on -going general commitment basis or on a case -by -case basis. 3. Role - The Task Force Council shall meet on a quarterly basis, or as the council deems fit, for the purpose of reviewing the activities of IECLTF. The members shall have general responsibility for the oversight of IECLTF operations. 4. Policy Authority - The Task Force Council shall be responsible for IECLTF policies and operating procedures. The council shall periodically review and evaluate IECLTF operations, goals, objectives, policies and procedures. In addition, the council shall resolve member agency conflict with BNE policies and procedures. The selection or removal of personnel assigned to IECLTF will be at the discretion of the Task Force Council. The Chairman of the Task Force Council shall have final authority. -2- IV. MANAGEMENT The administrative management and direction of IECLTF resources will primarily be the responsibility of the SAC through the Task Force Commander. The IECLTF will be staffed with state personnel made up of a Special Agent Supervisor, Special Agents, Criminal Intelligence Specialists, Auditors, Property Controllers, and Clerical Support or equivalent classifications. BNE shall retain supervisory control of the personnel assigned to IECLTF . V. TASK FORCE COMMANDER A Special Agent Supervisor (SAS) from BNE shall be the Task Force Commander of IECLTF and will report to the Task Force Council through the Chairperson of the council. The Task Force Commander takes direction and supervision from his SAC, the Chairman of the Task Force Council. The Task Force Commander will provide the Task Force Council with quarterly and annual reports of IECLTF activities. In addition, a copy of the annual report will also be sent to the Mission Support Branch of the California Department of Justice. Any personnel assigned to IECLTF shall work under the immediate supervision of the IECLTF Commander and shall adhere to the published policies and procedures of BNE. VI. COMPENSATION Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. VIL TRAINING Training is handled by the participating agencies according to their budget. A yearly training plan for all task force personnel, shall be prepared by the Task Force Commander upon their assignment to the task force. In addition, a yearly group training plan shall be prepared by the Task Force Commander and submitted to the Task Force Council. VIII. ANNUAL REPORT The Task Force Commander will provide the Task Force Council and BNE Headquarters with an annual report of activity no later than March 15 of each year. This report will summarize the preceding calendar year's operation and shall include a section for statistical data, broken down in a similar fashion to that of the monthly reports. The report shall contain sufficient information regarding controlled substance abuse and trafficking trends to enable the Council to reassess task force goals and objectives. c� IX. RESOURCES Each of the below listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to the IECLTF in each year of this agreement. San Bernardino Police Department One police officer One undercover vehicle Standard compliment of investigative and safety equipment Vehicle radios BNE One Special Agent Supervisor and five Special Agents Six undercover vehicles Riverside BNE undercover funds Miscellaneous administrative support Miscellaneous investigative equipment Vehicle radios Portable radios Standard compliment of investigative and safety equipment X. EQUIPMENT & PROPERTY Ontario Police Department One police officer One undercover vehicle Standard compliment of investigative and safety equipment Vehicle radios The IECLTF occupies office space at the BNE regional office in Riverside. BNE will provide, out of annually appropriated funds, the necessary administrative funds and standard compliment of equipment to support the activities of the officers assigned to IECLTF. Support shall include office space, administrative furnishings and supplies, specialized investigative equipment, specialized training, and other requisite support and funds for the purchase of evidence and information. Any and all property including equipment, furniture, furnishings, of whatever kind or description, purchased or acquired with DOJ funds, shall be the property of DOJ and, at the termination of this agreement and whereupon no new agreement is reached, all property shall be returned to DOJ. Any DOJ property, which is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to IECLTF, shall be repaired or replaced by the agency of the responsible employee at the determination of the Task -4- Force Council. XI. ASSET FORFEITURE Based on the attached Asset Forfeiture Agreement proceeds derived from an asset forfeiture, under state or federal law, initiated in the course of investigations conducted by the IECLTF, will be shared equitably among member agencies. The equitable sharing will be based on the attached formula developed by the Task Force Council. All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modification to the attached Asset Forfeiture Agreement requires approval by the members of the Task Force Council. Refer to the attached Asset Forfeiture Share Agreement. XII. ADMINISTRATION AND AUDIT In no event shall the member agencies charge any indirect costs to DOJ for administration or implementation of this agreement during the term thereof. Any and all records pertaining to IECLTF expenditures shall be readily available for examination and audit by employees of BNE, DOJ and the Attorney General's Office, or any member agency. XIII. INSPECTION PROCESS It is the policy of DLE to maintain a formal administrative inspection program. The IECLTF occupies office space at the Riverside BNE regional office and therefore is under the purview of the Riverside BNE office inspection program conducted every 18 months, or as necessary, with follow-up inspections within six (6) months. XIV. NONDISCRIMINATION CLAUSE All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. -5- XV. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of IECLTF shall be responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating in IECLTF operations. Personnel assigned to IECLTF shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. There is no intent on the part of any agency in the IECLTF to create a separate legal entity subject to suit. XVI. POLICY AND PROCEDURE MANUAL This task force is located in the Riverside BNE Regional Office. Therefore, it is agreed that all members of the task force shall abide by the applicable policies and procedures as expressed in the Division of Law Enforcement Policy and Procedure Manual. XVIL TERM OF AGREEMENT The term of this agreement shall be from March 1, 2004 , through March 1, 2007 . The term of this agreement may be terminated by any party for good cause shown by notice in writing to the Task Force Council Chairman thirty (30) days prior thereof. This Memorandum of Understanding will be granted pursuant to the agreement of the Task Force Council. The IECLTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. However, if any changes are made as to participating agencies, resources, facilities, or responsibilities, then a new agreement will be drafted for the appropriate signatures. The IECLTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. XVIIL AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Memorandum Of Understanding (MOU) on the respective date indicated below. This MOU will become effective upon receipt by BNE headquarters of the original MOU with all its attachments. In the event that there are any changes to participating agencies, resources, facilities, or responsibilities, then a new agreement will be drafted. XVIII. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Memorandum Of Understanding (MOU) on the respective date indicated below. This MOU will become effective upon receipt by BNE headquarters of the original MOU with all its attachments. In the event that there are any changes to participating agencies, resources, facilities, or responsibilities, then a new agreement will be drafted. Lloyd Scharf, Chief Ontario Police Department -7- SIGNATURE DATE XVIII. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Memorandum Of Understanding (MOU) on the respective date indicated below. This MOU will become effective upon receipt by BNE headquarters of the original MOU with all its attachments. In the event that there are any changes to participating agencies, resources, facilities, or responsibilities, then a new agreement will be drafted. Garrett Zimmon, Chief San Bernardino Police Department '31 SIGNATURE DATE XVIII. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Memorandum Of Understanding (MOU) on the respective date indicated below. This MOU will become effective upon receipt by BNE headquarters of the original MOU with all its attachments. In the event that there are any changes to participating agencies, resources, facilities, or responsibilities, then a new agreement will be drafted. Edward J. Synicky, Special Agent in Charge Riverside BNE David Tresmontan, Acting Bureau Chief BNE Patrick Lunney, Director DLE Jim Lombard, Deputy Director ASD IRE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE ATTACHMENT#1 IECLTF ASSET FORFEITURE SHARE AGREEMENT MARCH 1, 2004 A. It is hereby agreed by those agencies that have entered into the Memorandum of Understanding (MOU) that The Bureau of Narcotic Enforcement (BNE) will be responsible for processing any assets seized by the IECLTF with the prosecuting agency. 2. BNE will incur necessary expenses borne by the IECLTF during an investigation, i.e., informant payment, drug purchases, etc. 3. Each participating task force agency will receive THE FOLLOWING PERCENTAGES OF ANY MONIES SEIZED: BNE-50%, Ontario P.D.-25%, and San Bernardino P.D.-25%. B. It is further agreed that 1.When additional agencies join or additional personnel are assigned by a participating agency to IECLTF, the percentages will decrease.