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HomeMy WebLinkAbout2003-079 3 RESOLUTION NO. 2003-79 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL AND THE SAN BERNARDINO POLICE DEPARTMENT REGARDING THE CARG THEFT INTERDICTION PROGRAM. 1 6 Section 1. The Mayor of the City of San Bernardino is hereby authorized and directe 2 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TH CITY OF SAN BERNARDINO AS FOLLOWS: 7 to execute on behalf of said City an agreement with the California Highway Patrol (CHP) t participate in the Cargo Theft Interdiction Program (CTIP) copy of which is attached hereto 8 9 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 10 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 /II 19 III 20 III 21 III 22 III 23 III 24 III 25 III BCL:A:\C1lP RESOLUTION.doc I. 2003-79 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATRO AND THE SAN BERNARDINO POLICE DEPARTMENT REGARDING THE CARG THEFT INTERDICTION PROGRAM. 5 Common Council of the City of San Bernardino at a j t. regular meeting thereof, hel 2 3 4 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 6 onthe 7th day of April 7 Council Members: AYES 8 ESTRADA x 9 LONGVILLE x 10 MCGINNIS X 11 DERRY X 12 SUAREZ x 13 ANDERSON X 14 MCCAMMACK X 15 16 , 2003, by the following vote, to wit: NAYS ABSTAIN ABSENT ~ 17 The forgoing Resolution is hereby approved this 10/'1< day of April ,2003. 18 19 dl Valles, Mayor 20 ity of San Bernardino 21 Approved as to form and legal content: 22 JAMES F. PENMAN, 23 City Attorney 24 25 B2f- tf~ BCL:A:\CTIP RESOLUTION,doc 2003-79 INLAND DIVISION CTIP CARGO THEFT INTERDICTION PROGRAM MEMORANDUM OF UNDERSTANDING I. OVERVIEW Over the past several years the cost of cargo theft related crimes in California has risen dramatically. Conservative estimates indicate that combined losses suffered by the trucking industry, railroads and insurance companies surpass $500 million annually. However, no financial total can adequately quantify the actual costs of cargo theft related losses which include job-site downtime, replacement of stolen commercial vehicles, time spent on additional paperwork, and increased insurance costs. Consequently, in January of 1994, the Stale Assembly passed Assembly Bill 813 which mandated the California Highway Patrol to implement and maintain an ongoing slatewide cargo theft suppression effort, In keeping with the-Governor's philosophy of reducing the economic impact of crime on industry and the public, and in compliance with the directive expressed in AB813, the California Highway Patrol established the Cargo Theft Interdiction Program (CTIP). The CTIP focus is to combat cargo theft related crimes on a statewide basis and to target those regions most significantly impacted. Specific to Los Angeles and the Inland Empire, a Southern California CHP investigative team was implemented in January of 1995. The Southern Division CTIP team consists of four funded CHP investigators and one funded supervisor. On January 1, 1997, State Assembly Bill 17683 was enacted which created funding for the enhancement of cargo theft enforcement statewide, This legislation designated the CHP to coordinate and implement the cargo theft program. II. MISSION The mission of the Cargo Theft Inlerdiction Program is to reduce the incidence of cargo theft related crimes and increase the identification, apprehension, and prosecution of professional thieves and their receivers. Specific CTIP objectives include the following: 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 2 1. Location, recovery and return of stolen equipment and commodities to victims. 2. Working cooperatively with local district attorneys to increase the number of successful prosecutions of cargo theft suspects. 3. Interface with state, local, and federal agencies for the purpose of disseminating intelligence information related to regional cargo theft issues. 4. Identification of local theft trends and patterns to include stolen cargo distribution methods. 5. Contribute to the current statewide cargo theft reporting and information systems. 6. Establish a working relationship with private industry providing a forum to disseminate information, increase awareness and promote cargo theft prevention. 7. Provide a centralized repository for cargo tHeft expertise, support, coordination and automated information. 8. Maintain a public affairs campaign with the local media to publicize the cargo theft problem and task force activities, thereby encouraging public participation while discouraging potential cargo thieves. III. TASK FORCE OPERATIONS A. EXECUTIVE COMMITTEE The Executive committee shall act as the board of directors for the Inland CTIP team, The affairs of the CTIP team will be directed by the Inland Division, Investigative Services Unit (ISU) Coordinator, with the concurrence of the Executive Committee, The Committee shall be comprised of the number of members from the participating agencies to include the CHP Division Commander from Inland Division, and the Chief of Police of Ontario and San Bernardino, or their designee. The CHP Inland Division commander shall serve as the Director and Chairperson of the Executive Committee. The Executive Committee should meet periodically to review team operations and to provide direction, guidance and input. . , 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 3 B. COORDINATOR The Inland Division CTIP team is under the direction of the Inland Division Investigative Services Unit (ISU) Coordinator, a Lieutenant. The coordinator is accountable the for management responsibilities of the CTIP team and will be directly accountable to the Executive Committee for task force operations. The Coordinator's salary and benefits will not be reimbursed through CTIP funds. C. SUPERVISION Supervision of the CTIP team will be provided by a CHP Sergeant who will actively participate in team operations. Selection of the supervisor will be at the discretion of the coordinator, and will be based upon his/her level of expertise, past work performance and availability. The CTIP sergeant will provide supervision for all team members and provide necessary input for performance evaluations. Salary and benefits associated with the supervisor's position will not be reimbursed through CTIP funds. D. INVESTIGATORS The CTIP team will be comprised of qualified investigators recommended for assignment by their respective participating agencies. Ideally, team staffing will consist of two CHP investigators and four allied agency investigators. Assignment to the CTIP team will be for a minimum of one year, open ended. Due to the critical nature of the position, investigators recommended to the CTIP team may be subject to selection interviews by their respective agency representatives and the CTIP Coordinator. Consideration for placement on the CTI P team is given based on past job performance, investigative experience and the ability to work closely with others, all of which are traits conducive to small unit operations. Personnel not meeting acceptable standards of performance, or refusing to comply with CTIP policies and procedures, may be removed from the team and reassigned to his/her respective agency. If the Coordinator has cause to replace a team member, he/she shall discuss the issues with the respective agency. If the participating agency does not concur with the Coordinator's decision to remove and or replace a participating team member, the issue shall be forwarded to the Executive committee for final resolution. However, it is agreed that resolution of operational problems should be achieved at the lowest level possible, in keeping with the best interest of the CTIP operation. 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 4 Salaries and benefits for all CHP investigators and allied agency personnel shall be at the expense of the participating agency. E. CLERICAL SUPPORT Due to the lack of CTIP funding, the assignment of full time clerical support is unavailable. However, clerical support, on a limited basis will be available through the Rancho Cucamonga CHP Area Office. Additional support may be available from the clerical staffs of Inland Division and/or participating agencies. F. PARTICIPATING AGENCIES For the purposes of this Memorandum of Understanding, a "Participating Agency" is defined as any law enforcement agency which has an employee specifically assigned to the CTIP team on a full time basis, regardless of the status of reimbursement from AB 1683 funds. IV. FISCAL PROCEDURES A. CTlp.FUND The CTIP fund, established initially through AB 813 and most currently AS 1683 is already designated for the Golden Gate, Southern and Border Division CTIP Teams. B. CLAIMS FOR REIMBURSEMENT Participating agencies shall not request reimbursement for any CTIP related costs from the CHP's Enforcement Services Division. C. RIGHT TO AUDIT Each party to this agreement shall make available to the State of California at all reasonable times, it's payroll and or other records relating to this agreement. The State or an independent auditor may audit such records with a reasonable amount of notification. Any ineligible reimbursements shall be immediately repaid into the CTIP fund. Participating agencies shall maintain the original copies of all reimbursement documents for a minimum period of three years after the reimbursement. (This section shall not apply unless participating agencies are receiving CTIP reimbursement.) .... 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 5 V. LIABILITY Each participating agency shall maintain full financial responsibility for their respective employees while assigned to the CTIP team. This would include, but is not limited to, acts of misconduct, vehicle accidents, and industrial injury claims. Additionally, the participating agency shall also be responsible for any and all workers compensation claims of their respective employee(s). The State of California, it's officers, agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of their officers or employees. Participating agencies and the State of California shall hold each other harmless from liability for acts or omissions of the other. Each party to this agreement agrees to defend, indemnify, and hold harmless the other parties to this agreement in regard to any and all liability imposed on the agreeing parties due to the acts or omissions of another party's assigned employee(s). Said sums shall include in the event of legal action, court costs, expense of litigation and reasonable attorneys fees. Ttie costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorney's fees" for purposes of this paragraph. Likewise, the costs, salary and expenses of the California Highway Patrol's counsel in enforcing this contract on behalf of the Department of the California Highway Patrol shall be considered as "attorneys' fees" for purposes of this paragraph. VI. TASK FORCE FACILITY Initially, appropriate space will be provided to house CTIP team participants, and related equipment, by the California Highway Patrol without reimbursement of CTIP funds. The Southern Division CTIP team has moved into Los Angeles County, thus vacating the Rancho Cucamonga facility. VII. EQUIPMENT. Due to the lack of available funding, all necessary equipment must be supplied by the participating agency, including desks, computers and all other office related equipment. Equipment such as laptop computers and printers should also be provided by the participating agency. Cameras, surveillance equipment, tracking devices, etc., may be available to the CTIP team depending upon any available funds. Situations requiring air support may require cooperative scheduling and assistance from all participating agencies. 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 6 A. VEHICLES Each participating agency shall be responsible for providing their respective employee(s) with an appropriate undercover vehicle. Standard repair and maintenance of undercover vehicles will be at the discretion of the participating agency. B. COMMUNICATIONS Each participating agency will be responsible for providing employee(s) with cellular phones and pagers. The use of CHP tactical radios for communications will be on an available and operational basis and at the discretion of the CTIP team supervisor. Procedures for use of CHP tactical radios will be addressed in the CTIP team Standard Operating Procedures (SOP). VIII. UNDERCOVER DOCUMENTS The use of covert identities to support and enhance undercover operations is essential. This may require that investigators possess an undercover drivers license and/or other sources of identification. The procurement and control of these documents will rest with the participating agency. IX. ASSET SHARING CTIP team operations which result in the potential for either state or federal asset seizures shall be distributed at the discretion of Executive Management. X. STANDARD OPERATING PROCEDURES All CTIP team members shall abide by the Standard Operating Procedures (SOP) which shall be prepared by the unit supervisor. The unit SOP will be subject to the approval of the Coordinator with concurrence of the Executive Director. The SOP shall specify policies and procedures of CTIP unit operations and will include the following: A. In any case where the policies, procedures, or guidelines of the Cargo Theft Interdiction Program conflict with those of a team member's parent agency, the team member shall abide by the policies of his/her parent agency. 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 7 Conflicts which occur shall be immediately brought to the attention of the CTIP supervisor and Coordinator. Significant issues and or conflicts shall be brought to resolution by the Executive Committee. B. The investigation of officer involved shootings or vehicle accidents shall be conducted by the agency having jurisdiction at the location of occurrence. This will in no way prevent the CTIP member's parent agency from completing a separate or parallel investigation as required by their policy. The CTIP supervisor shall notify the Coordinator and the appropriate participating agency of any such occurrence in a timely manner. C. CTIP member evaluations, citizens' complaints and internal investigations shall be handled by the member's parent agency, with input from the CTIP supervisor. Disciplinary actions will be approved solely by the affected member's parent agency. Participating agencies will provide the name, rank and telephone number of a liaison supervisor that will assist the CTIP supervisor with inquiries of mutual concern. Internal discipline problems will be addressed by the CTIP supervisor and documented as appropriate. Continued failure to adhere to CTIP policies and procedures may result in removal from the team. Permanent removal from the CTIP team may only be accomplished with the majority concurrence of the Executive Committee or by decision of the participating agency. D. The release of information to the media regarding CTIP operations will be coordinated through the CTIP supervisor. The CTIP supervisor will apprise the coordinator of all incidents which may result in significant media coverage. XI. REPORTING The CTIP supervisor shall be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments. This reporting system will form the basis of monthly reports to be submitted to the Executive Committee and the Chief of the CHP's Enforcement Services Division. An annual activity report will be completed by the unit supervisor and routed to all participating agencies as well as the Chief of the CHP's Enforcement Services Division. 2003-79 Cargo Theft Interdiction Program Memorandum of Understanding Page 8 XII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of this MOU by a majority vote of the members. XIII. TERM OF AGREEMENT This agreement shall commence on/or about September 1, 2002, and shall remain in effect indefinitely. Any agency desiring to terminate its participation in the operation shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than thirty (30) days after receipt of the written communication or upon a date established by mutual agreement. X. SIGNATURES The undersigned state that they represent and have the authority to execute this agreemen on behalf of their respective agencies. .:.-/I LI d Scharf, Chi Ontario John Standish Department of Insurance Ralph Lumpkin, NICB Area 3 Director