HomeMy WebLinkAbout24-Police Department
. CITY OF SAN BERQRDINOgEQUEST .Q.R COUNCIL ACTION
From: DANIEL A. ROBBINS
CHIEF OF POLICE
Dept: POLICE
Date: 5/29/90
Subject: EXTENSION OF MOll WITH THE INLAND
EMPIRE CLANDESTINE LABORATORY
TASK FORCE
Synopsis of Previous Council action:
Resolution #88-484, passed December 19, 1988, authorizing the entering
into agreement with State, local and Federal agencies to form and
participate in the "Inland Empire Clandestine Laboratory Task Force."
Recommended motion:
Adopt resolution.
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Signature
Contact person: nANTF.T. A, RORBTNS CHTF.F OF POT. TCF. Phone:
::!R4-S607
Supporting data atteched:
YES
Ward:
FUNDING REQUIREMENTS:
Amount: S60. 849 Iil yp.i'lr
Source:
Overtime (est. $6,450)- Asset Seizure Fund
Finance:
00] -71 ,-S2020
: )..t..J >OJ'
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Council Notes:
75-0262
Agenda Item No
.21
CITY OF SAN BERQRDINO - REQUEST .QR COUNCIL ACTION
STAFF REPORT
In December, 1988, the police department entered into an agreement with
other local, State and Federal law enforcement agencies to form and
participate in a Task Force dedicated to the investigation of illicit
drug laboratories in San Bernardino and Riverside Counties. The "Inland
Empire Clandestine Laboratory Task Force" was created and a detective
from the San Bernardino Police Department was assigned. During the
18 month existence of the Task Force, over 100 illicit laboratories
were seized and dismantled and numerous suspects arrested for serious
drug manufacturing charges. Also, seized was 110 pounds of meth-
amphetamine and enough methamphetamine oil to produce 5,200 pounds of
methamphetamine powder. The California Bureau of Narcotic Enforcement
(lead and supervising agency of the Task Force) states that the effec-
tiveness of the Task Force has done much to decrease the amount of meth-
amphetamine available to the two County area. The Task Force has also
investigated numerous illicit labs within the City of San Bernardino
during this time period and has provided hazardous chemical cleanup,
costing over $60,000.00. The participation of the police department
in this Task Force provides it with a readily available team to investi-
gate and process drug labs.
The original Memorandum of Understanding included the participation
of the following agencies: California Bureau of Narcotic Enforcement.
United States Drug Enforcement Administration, California Highway Patrol,
Riverside County Sheriff's Department, San Bernardino County Sheriff's
Department, Riverside Police Department and the San Bernardino Police
Department. Since the original MOU, the Rialto Police Department and
the Ontario Police Department have joined the Task Force.
The salary of the officer assigned to the Task Force will be made from
the regular budgeted position in the Vice/Narcotics Detail. Equipment
costs, such as a lease car and fuel charges will be financed from the
Asset Forfeiture Fund. Overtime costs, estimated each year at $6,450.00,
will also be paid from the Asset Forfeiture Fund.
The original MOU covered the period from December I, 1988 to May 31,
1990 (18 months). The extension of the MOU covers the period from June
I, 1990 to December 31, 1991 (18 months).
75-0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY
3 PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE LABO-
RATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES
4 INVOLVING ILLEGAL MANUFACTURING O~ CONTROLLED SUBSTANCES.
5
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and
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agreement with
9
directed to execute on behalf of said City an
the California Bureau of Narcotic Enforcement,
United States Drug Enforcement Administration, California Highway
10
Riverside County Sheriff's Department, San Bernardino
Patrol,
11
12 County
Police
13
Police
14
Sheriff's Department, Riverside Police Department, Rialto
Department, Ontario Police Department and San Bernardino
Department to continue participation in a Clandestine
Laboratory Task Force to investigate and prosecute criminal cases
15
involving illegal manufacturing of controlled substances. A
16
copy of said agreement is attached hereto marked Exhibit. "A"
17
and incorporated herein by reference as though fully set forth
18
at length.
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SECTION 2. The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
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execute it wi thin sixty days (60) days of the passage of this
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resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San
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Bernardino
at a
meeting thereof, held on the
day of
1990, by the following vote, to wit:
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1 COUNCIL MEMBERS:
2 ESTRADA
REILLY
3 FLORES
MAUDSLEY
4 MINOR
POPE-LUDLAM
5 MILLER
AYES
NAYS
ABSTAIN
6
7
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13
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15
CITY CLERK
The foregoing resolution is hereby approved this
day
of
, 1990.
w. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
16 and legal content:
17 JAMES F. PENMAN
18 City Attorney
19
By:
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EXHIBIT A
AGREEMEtfT AMORG
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
CALIFORNIA HIGHWAY PATROL
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
RIVERSIDE POLICE DEPARTMENT
SAN BERNARDINO POLICE DEPARTMENT
FOR THE FORMATION OF A
CLANDESTINE LABORATORY TASK FORCE
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THIS AGRBBMBNT IS MADB AND BRTERBD IRTO BY ARD AMORG THE
CALIFORNIA BUREAU OF NARCOTIC ENFORCEKERT (HEREIRAFTER "BREn), THE
DRUG ERFORCBMBRT ADMINISTRATION OF THE URITED STATES DBPARTMENT OF
JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL
(HEREINAFTER "CHP"), THE RIVERSIDE COU~TY SHERIFF'S DEPARTMENT
(HEREIRAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HERBINAFTER
"RPD"), THE SAN BERNARDIRO COUNTY SHERIFF'S DEPARTMERT (HEREINAFTER
SBSD), ARD THE SAN BERNARDIRO POLICE DEPARTMERT (HEREINAFTER SBPD).
WHERBAS, THBRE IS OVERWHELMING EVIDENCE THAT ILLICIT
MANUFACTURING OF CORTROLLBD SUBSTANCES EXISTS IR THE TWO-COUNTY
GBOGRAPHICAL ARBA OF RBSPORSIBILITY, AND THAT SUCH ILLBGAL ACTIVITY
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HAS A SUBSTANTIAL AND DBTRIMENTAL EFFECT OR THB HBALTH ARD GBNERAL
WBLFARE OF THB CITIZENS WITHIN THIS AREA.
WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEIRG, FOR THEIR
MUTUAL BENEFIT, TO PROVIDE FOR THE FORKATIOR OF A DRUG ERFORCEKERT
TAS~ FORCE, ~NOWN AS THE INLAND EKPIRE CLANDESTINE LABORATORY TAS~
FORCE (HEREIIAFTER "TAS~ FORCE"), LOCATED IN THE CITY OF RIVERSIDE,
WITHIN THE STATB OF CALIFORNIA, FOR THE PURPOSE OF A COICERTED
BFFORT II THE IRVESTIGATION ARD PROSECUTION OF CASES BEFORB THE
COURTS OF THE UNITBD STATES AND THE COURTS OF CALIFORNIA,
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IRVOLVIRG ILLICIT LABORATORIES. SAID IRVESTIGATIOR ACTIVITY WILL
TARGET THOSE KARUFACTURIRG ARD TRAFFIC~IRG ORGARIZATIORS OPERATIRG
IR OR AFPECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OP THE TAS~
PORCE ARE TO REDUCE THE SUPPLY OP, AND DEKAND FOR. PRECURSOR
CHEKICALS, LABORATORY EQUIPKENT. AND ILLICIT KANUPACTURERS OF
ILLEGAL DRUGS BY INCREASING THE RIS~S INVOLVED IN THE POSSESSION.
KANUFACTURE. TRANSPORTATION, OR SALE OP CONTROLLED SUBSTARCES; TO
IKPROVE THE OPERATIONAL INTER-RELATIONSHIPS OP ALL PARTICIPATIRG
FEDERAL. STATE. KUNICIPAL, ARD COUNTY AGENCIES; TO EPFECTIVELY
ACCUKULATE, ASSIKILATE. AND DISSEKINATE ILLICIT DRUG LABORATORY
IRTELLIGENCE AND RELATED CRIKINAL IRFORKATION TO APPROPRIATE LAW
ERFORCEKERT AGENCIES IN THE GEOGRAPHICAL AREA; ARD
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WHEREAS. THE BRE CLANDESTINE LABORATORY PROGRAK IS A PROVER
KETHOD OP DETECTING ARD COKBATING THE PROBLEK OP ILLICIT
KANOFACTORIRG; ARD
NOW. THEREFORE. AND IR CORSIDERATIOR OP THE KOTUAL PROKISE.
CONVERARTS ARD AGREEKENTS HEREIRAPTER SET PORTH. THE PARTIES DO
HEREBY AGREE AS POLLOWS:
1. THE BRE. DEA. RSD, RPD. SBSD. SBPD. AND CHP WILL, WITH
THEIR OWR LAW ERFORCEKENT PERSONNEL ARD EKPLOYEES AS
HEREINAFTER SPECIFIED. PERFORK THE ACTIVITIES ARD DUTIES
AS DESCRIBED BELOW:
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A. GATHBR AND REPORT INTBLLIGBNCB DATA RBLATIBG-TO
CLANDBSTIBE LABORATORY OPERATORS;
B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE
CLANDESTINE LABORATORY OPERATORS;
C. CONDUCT ENFORCEMENT OPERATIONS, COVERT ABD OVERT, AND
ENGAGE IN SOCH OTHER TRADITIONAL METHODS OF
INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE
CLANDESTINE LABORATORY TASK FORCE RESOLT IB EFFECTIVE
PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR
THE COORTS OF THE STATE OF CALIFORBIA;
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D. COOPERATE TO PROVIDE LOCAL LAW EBFORCEMENT AND
PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING
NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK
FORCE.
2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IB CHARGE
OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLODE
THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND
HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES
HAVING FOLL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL
HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE.
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A. THI IXICUTIVE BOAID SHALL MEET QUAITEILY PO~ THI
PURPOSE OP RIVIEWIBG IEPORTS RELATIVE TO THE
PROGRESS, PUBCTIORS, AND SPECIAL DUTIES OF THI TAS~
FOICE, ARD TO EVALUATE ITS EFFECTIVENESS.
B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTI.
C. PINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK
FORCI SHALL REST WITH THE AGENCY PIOVIDING THAT
USOUICE.
D. ALL DEA AGENTS ARD ALLIED AGENCY PERSONRIL ASSIGNED
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TO THE TAS~ FOICE SHALL ADHEIE TO ALL BRI POLICIES
ARD PROCEDUIES. FAILUIE TO DO SO SHALL BE GROURDS
POI DISMISSAL PIOM THE TASK FORCE. URLESS EXPRESSLY
PROVIDED FOI THEIEIN, THI POLICY, RULIS, PROCEDUIES,
ARD REGULATIORS OF THE PARERT AGENCY SHALL APPLY.
E. AT NO TIMI SHALL DUTIIS PIIPORMID BY TASK FORCI
AGEaTS IR THE INVISTIGATION OF CLANDESTINE LABS
coaFLICT WITH THI BNI ARD BUIEAU OF FORENSIC SIRVICI
(BFS) CLARDESTIRE LABORATOIY MABUAL OF INSTRUCTIoa
ARD PROCEDURI.
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3.
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P. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE
BOARD WILL RESOLVE ANY CONFLICTS THAT MAY ARISE
BETWEEN BNE AND DEA LABORATORY KANUALS.
THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TAS~ FORCE
WILL BE A FULL-TIKE COMMITMENT FOR A PERIOD OF EIGHTEEN
(18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL
AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BHE
AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO
SUPPORT OPERATIONAL GOALS OF THIS AGREEMEHT. BNE WILL
COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR
ON AN AS NEEDED BASIS. BNE WILL BE RESPONSIBLE FOR THE
SALARIES AND OVERTIME OF THE BNE PERSONNEL ASSIGNED.
FEDERAL FUNDING MAY BE AVAILABLE ON A CASE-BY-CASE BASIS
FOR PAYMENT OF OVERTIME AND PER DIEM OF ALLIED AGENCY
PERSONNEL WHEN THE ORGANIZED CRIME DRUG ENFORCEMENT TAS~
FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AH OCEDTP
AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE
RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO
SUPPORT THE TAS~ FORCE WITH RESOURCES OH HAND, AND TO
CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON
AH ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE
OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DES~S, CHAIRS,
PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT.
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4. BNE AND DEA AGREE TO UTILIZE TREIR IESPECTIVE FUNDS IN
SUPPORT OF TRE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS
ASSIGNED TO TRE TAS~ FOICE TO INCLUDE FUNDS FOR TRE
PURCRASE OF EVIDENCE AND INFORMATION, IBVESTIGATIVE
EQUIPMENT, TRAINIBG AND OTRE~ SUPPORT ITEMS. DEA WILL
PROVIDE A FULLY EQUIPPED CLAN LAB TRUC~.
5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS
OUTLINED), A VERICLE SUITABLE FOR UNDERCOVER OPERATION AND
ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTRER,
PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANBUAL BASIS,
TRE COSTS ASSOCIATED WITR MEDICAL MOBITORING REQUIRED BY
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BBE.
6. IT IS TRE RESPOBSIBILITY OF EACR PARTICIPATING AGEBCY TO
ENSURE TRAT TREIR OFFICER, DEPUTY OR AGEBT POSSESSES A
VALID ABD CURRENT CALIFORNIA DRIVERS LICEBSE, FIRST AID
CARD AND CPR CARD. EACR PARTICIPABT MUST ALSO BE
PROFICIENT ABD MAIBTAIB TRAT PROFICIENCY IN FIREARMS
QUALIFICATION AS REQUIRED BY TRE CALIFORBIA PEACE OFFICER
STANDARDS ABD TRAINING COMMISSION OR TREIR PAREBT AGENCY.
7. TRE ORGANIZATIONAL STRUCTURE ABD RESPONSIBILITIES OF TROSE
PERSONBEL ASSIGBED ARE AS FOLLOWS:
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B.
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A.
BRE SPECIAL AGENT SUPERVISOR
A BNE SPECIAL AGERT SUPERVISOR RAVIRG EXPERIERCE AND
EXPERTISE IN CLARDESTINE LABORATORY INVESTIGATIONS IS
RESPORSIBLE FOR OVERALL ADMIRISTRATIOR AND
SUPERVISION OF THE INLAND EMPIRE CLANDESTINE
LABOE&TORY TASK FORCE. THE SPECIAL AGE.T SUPERVISOR
WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF
THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE
DIRECT lOR, GUIDANCE, ARD TRAINING IR TRE CORDUCTING
OF ILLICIT LABORATORY IRVESTIGATIONS, PREPARATION OF
BNI IRVESTIGATIVE REPORTS AND FURTHER PREPAE&TIOR OF
TROSI IRVESTIGATIORS FOR SUCCESSFUL PROSECUTIOR,
FIDIRAL OR STATE.
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FOUR (4) BNI SPICIAL AGERrS, ONE (1) DIA SPICIAL
AGERT, ORI (1) CRP OFFICIR. ORE (1) RSD DEPUTY. ONE
(1) RPD OFFICER. (1) SBSD DEPUTY. (1) SBPD OFFICER.
SWORN SPECIAL AGENTS. DEPUTIES AND OFFICERS ASSIGNED
OR A FULL-TIME BASIS TO PERFORM TROSE INVESTIGATIVE
DUTIIS NECESSARY. IR ACCORDANCE WITH APPLICABLE
AGENCY DIRECTIVES. TO ACCOMPLISH THOSE ENFORCEMENT
GOALS OF THIS INLARD EMPIRE CLARDESTINE LABORATORY
TASK FORCE. PARTICIPATIOR IR INVESTIGATIONS OTHER
TRAN ILLICIT LABORATORY INVESTIGATIORS BY BNI
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PERSONNEL WILL REQUIRE THE APPROVAL or THE 8NE SAC.
PARTICIPATION BY OTHER TASK PORCE MEMBERS ON
INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY
CASES WILL REQUIRE APPROVAL PROM THEIR MEMBER AGENCY.
C. SUPPORT PERSONNEL (PART-TIME. AS-NEEDED BASIS): ONE
(1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR,
AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON
A PART-TIME, CASE-BY-CASE BASIS, THE GOALS or THIS
TASK PORCE IN THE AREAS OP THEIR INDIVIDUAL EXPERTISE.
D. SECRETARIAL SUPPORT
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BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO
ACCOMPLISH THE GOALS or THIS INLAND EMPIRE
CLANDESTINE LABORATORY TASK PORCE.
8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, PURNITURE,
PURNISHINGS or WHATEVER KIND OR DESCRIPTION, PURCHASED OR
ACQUIRED WITH BNE PUNDS SHALL BE THE PROPERTY OP BNE AND,
AT THE TERMINATION OP THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST PIELD
orrICE OP BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED
PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY,
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EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER
~IND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED
AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY
AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST
OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS
DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH
NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED
BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE
DETERMINATION OF THE EXECUTIVE BOARD.
9. THE TAS~ FORCE SHALL MAINTAIN, ON A CURRENT BASIS,
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COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND
ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS
UNDER THIS AGREEMENT IN ACCORDANCE WITH GENERALLY
ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE
INSPECTION AND AUDITING OF SUCH RECORDS AND ACCOUNTS.
INVESTIGATIVE REPORTING WILL BE ACCOMPLISHED USING BNE
FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE
DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE
BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL
PARTICIPANTS IN THE TAS~ FORCE RECEIVE SUFFICIENT TRAINING
TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES.
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10. BNE SHALL PERMIT AND BAVE READILY AVAILABLE rOR .
EXAMINATION AND AUDITING BY DEA OR TRE UNITED STATES
DEPARTMENT or JUSTICE, THE CONTROLLER GENERAL or TBE
UNITED STATES, OR ANY or THEIR DULY AUTBORIZED AGENTS AND
REPRESENTATIVES, ANY AND ALL RECORDS, DOCUMENTS, ACCOUNTS.
INVOICES, RECEIPTS AND EXPENDITURES RELATIRG TO DEA rUNDS
PURSUANT TO TRIS AGREEMENT. IN ADDITIOR, BRE WILL
MAINTAIN ALL SUCH POREGOING REPORTS AND RECORDS UNTIL ALL
AUDITS ARD EXAMINATIONS ARE COMPLETED AND RESOLVED, OR POR
A PERIOD or TRREE (3) YEARS ArTER TERMINATION or TBIS
AGREEMENT, WHICBEVER IS SOONER.
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11. ALL PARTICIPATING AGENCIES WILL COMPLY WITB TITLE VI or
TBE CIVIL RIGHTS ACT or 1954, AND ALL REQUIREMENTS IMPOSED
BY OR PURSUANT TO THE REGULATIONS or THE DEPARTMENT or
JUSTICE (CPR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT
TO TITLE VI, RELATING TO DISCRIMINATION ON TBE GROUNDS or
RACE, COLOR, CREED, SEX, AGE, SEXUAL PREPERENCE, OR
NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES.
12. THE TERM or THIS AGREEMENT SBALL BE rROM THE DATE or
EXECUTION, BY BNE, TO EIGBTEEN (18) MONTRS THEREArTER.
PARTICIPATIOR IN TRE TAS~ rORCE MAY BE TERHINATED BY ANY
PARTICIPATING AGENCY rOR GOOD CAUSE SHOWN BY NOTICE IN
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WRITING GIVBN TO THB OTHER PARTIBS THIRTY (30) DAYS PRIOR
THBRBOP. ALL OBLIGATIONS THAT ARB OUTSTANDING ON THB
ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OP ANY
THIRTY (30) DAY NOTICB OF TERMINATION SHALL BE LIQUIDATED
BY BNB WITHIN NINETY (90) DAYS THEREOP. IN RO EVERT SHALL
BRB INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OP NOTICE
OP TERMINATION.
13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES. THAT
RESULT IN A RETURN OP FUNDS OR PROPERTY. SHALL BE
DISTRIBUTED ACCORDING TO EXECUTIVE DIRBCTIVE. THE
FOLLOWING SCHEDULE IS EFPECTIVE AFTER DISTRIBUTIONS
REQUIRED BY STATUTE TO INCLUDB ADMINISTRATIVE COSTS WHEN A
FEDERAL FORFEITURE. AND PAYMENT TO A NON-TAS~ FORCE
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PARTICIPATING AGENCY. IF APPLICABLE. IS HONORED.
BNE 25%
DEA 12.5%
UD 12.5%
RPD 12.5%
S\D 12.5%
..
SlSD 12.5%
CHP 12.5%
TOTAL 100%
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THE ABOVE SCHEDULE WILL BECOME EPPECTIVE ONLY APTER THE
PROCEEDS OP THE PIRST $2S,22S IN SEIZED ASSETS HAVE BEEN
RECEIVED AND DISTRIBUTED AS POLLOWS:
ISO 2S% $ 6,306
SBSD 2S% $ 6,306
RPD 2S% $ 6,306
SBPD 2S% $ 6,306
100% $2S,22S
THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON
THE RECEIPT OP ATTAINMENT OP THE $2S,22S PIGURE, AT WHICH
TIME THE PORMER SCHEDULE TAKES PRECEDENCE.
14. POR THE PURPOSE OP INDEMNIPICATION, EACH PARTICIPATING
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AGENCY IN THE TASK PORCE SHALL BE RESPONSIBLE POR THE ACTS
OP ITS PARTICIPATING OPPICER(S) AND SHALL INCUR ANY
LIABILITIES ARISING our or SERVICES AND ACTIVITIES or
THOSE OPPICERS, WHILE PARTICIPATING IN THE TEAM IN THE
LINE OP DUTY. PERSONNEL ASSIGNED TO THE TASK PORCE SHALL
BE DEEMED TO BE CONTIRUING UNDER THE EMPLOYMENT OP THEIR
JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES,
PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE
CONPERRED UPON HIM/HER AS AR OPPICER IN THEIR OWR
JUUSDICTION.
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IS. THE TERK OP THIS AGREEKENT SHALL BE PROK DECEKBER I, 1988, TO
KAY 31, 1990 (EIGHTEEN [18] KONTHS). THIS AGREEKENT KAY BE
TERKINATED BY ANY OP THE PARTIES POI GOOD CAUSE SHOVN BY NOTICE
IN VRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN
ADVANCE.
THE PA1TIES, BY THEIl DULY AUTHORIZED OPPICIALS, HAVE EXECUTED
THIS KEK01ANDUK OP UNDERSTANDING ON THE RESPECTIVE DATE(S)
INDICATED BELOV.
~~
Phil olnbach, Special Agent in Charge
California Bureau of Narcotic Enforcement
Riverside Field Office
/z./"n8
Date
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ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
St~t of California
By: ~-4'" J /J J.c,,4
Ma or r T
~W/"'7'//;'''<.' )
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ ? )-.<___
o
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AlDHlM 06/01/90 0
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16. 'DIE ~ OF 'lHIS AGREI3MEHl' SHALL BE F1U'I JUNE I, 1990, ro ~ 31, 1991
(EIGm;Dl [18] 1DmIS). 'lHIS AGREI3MEHl'. MAY BE '1'E1MINA'lUl BY N!l'i OF 'DIE
PARl'IES FUR CDD CAUSE SIDiN BY lO1'ICE IN WRlTDG GIVEN ro 'DE EXEXI11'IVE
IU\RD 'lHIRTY (30) MYS IN ADfAfO:.
'DIE PARl'IES, BY 'lHEIR OOLY AU'1DJRIZED OFFICIAIS, HAVE EXB:l1lB) 'lHIS
MIMXWD.M OF UNIERSTANllIK; at 'DIE RESPa:TIVE D!\TE(S) IHlICAm> BEIaf.
Daniel A. Robbins, Chief of Police Date
City of San l3er:nardino
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ADDBIIDUII TO IIBMOIWfDUK or UKDKISTAllDIRG
IRLAlQ) IDIPIU CLARDKnINIl LABORATORY rASE roRa
ADDENDUM TO mE AGREEMENT HADE AND ENTERED INTO BY AND AMONGST THE BUREAU
OF NARCOTIC ENFORCEMENT (HEREINAFTER BNE), mE DRUG ENFORCEMENT ADMINISTRATION
OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER DEl.), mE CALIFORNIA
HIGHWAY PATROL (HEREINAFTER CHP), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
(HEREINAFTER RSD), mE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER RPD), mE SAN
BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN
BERNARDINO POLICE DEPARTHENT (HEREINAFTER SBPD), WHEREAS THE PARTIES HERETO HAVE
AGREED FOR THEIR MUTUAL BENEFIT AND HAVE ESTABLISHED A DRUG ENFORCEMENT TASK
FORCE, KNOWN AS mE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER
TASK FORCE), LOCATED IN THE CITY OF RIVERSIDE, CALIFORNIA, FOR THE PURPOSE OF
INVESTIGATING AND PROSECUTING CASES BEFORE THE COURTS OF mE UNITED STATES AND
mE COURTS OF CALIFORNIA.
WHEREAS, mE ONTARIO POLICE DEPARTMENT (HEREINAFTER OPD) HAS EXPRESSED A
DESIRE TO ENTER INTO AN AGREEMENT Wlm mE TASK FORCE BY COHHITTING A FULL-TIME
INVESTIGATOR TO THE TASK FORCE FOR THE PURPOSE OF COMBATING THE PROBLEM OF
ILLICIT CLANDESTINE LABORATORIES:
WHEREAS, ALL MEMBERS OF mE TASK FORCE, mROUGH mEIR DESIGNATED
REPRESENTATIVES, HAVE BEEN CONTACTED AND, WHO ARE ALL IN AGREEMENT, THE
INCLUSION OF THE OPD TO THE TASK FORCE WOULD BENEFIT THE PURPOSE OF mE TASK
FORCE, WHICH IS TO COMBAT ILLICIT CLANDESTINE LABORATORIES; AND
NOW, mEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE, COVENANTS AND
AGREEMENTS HEREINAFTER SET FORTH, mE OPD DOES HEREBY AGREE AS FOLLOWS:
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ADDENDUM PAGE TWO
1. THE OPD WILL AlIDE BY THE AGREEMENTS, MUTUAL PROMISES AND
COVENANTS ORIGINALLY ENTERED INTO BY THE BNE, DEA, SBSD, SBPD,
RSD, RPD AND THE CHP AS OUTLINED BY THE MEMORANDUM OF
UNDERSTANDING WHICH WAS SIGNED BY THE EXECUTIVE BOARD MEHBERS
IN DECEMBER, 1988.
2. AS A MEMBER OF THE TASK FORCE, THE OPD, THROUGH A DESIGNATED
REPRESENTATIVE, WILL BE A MEMBER OF THE TASK FORCE EXECUTIVE
BOARD AND AS SUCH WILL HAVE A VOTE ON THE BOARD.
3. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT
IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED
ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS
EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE, TO INCLUDE
ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO
A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS
HONORED. ADDITIONALLY, THE DISTRIBUTION OF ASSETS BECOMES
EFFECTIVE ON THE DATE THAT A DULY AUTHORIZED REPRESENTATIVE OF
THE OPD EXECUTES THIS ADDENDUM TO THE MOU.
BNE 25%
DEA 10.71%
RSD 10.71%
RPD 10.71%
SBPD 10.71%
SBSD 10.71%
CHP 10.. 71%
OPD 10.71%
TOTAL * 100%
c* ACTUAL 99.97%; FIGURES TO BE
ROUNDED OFF TO NEAREST DOLLAR)
. .
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ADDENDUM PAGE THREE
4. THE ABOVE SCHEDULE OF DISTRIBUTIONS DOES NOT EFFECT THE DISTRIBUTION
OF ASSET FORFEITURE PROCEEDS PREVIOUSLY AGREED UPON BY THE BNE, DEA,
CUP, RPD, RSD, SBPD, AND SBSD, AND WHICH IS OUTLINED IN PARAGRAPH
13, PAGES 11 AND 12 OF THE ORIGINAL MEMORANDUM OF UNDERSTANDING
(MOO).
RSD 25% $ 6,306.00
SBSD 25% $ 6,306.00
RPD 25% $ 6,306.00
SBPD ...ill $ 6,306.00
TOTAL 100% $25,225.00
THIS SCHEDULE IS A ONE TIME COMMITMENT AND IS VOID UPON THE
RECEIPT OF ATTAINMENT OF THE $25,225.00 FIGURE, AT WHICH TIME
THE FORKER SCHEDULE TAKES PRECEDENCE.
5. THE DETERMINING AGREEMENT SHALL BE FROM THE DATE OF EXECUTION OF
THIS ADDENDUM, ON OR ABOUT APRIL 3, 1989, TO EIGHTEEN (18) MONTHS
THEREAFTER.
6. ALL OTHER AGREEMENTS, MUTUAL PROMISES, COVENANTS AS SPECIFIED IN THE
TASK FORCE MEMORANDUM OF UNDERSTANDING (EXHIBIT A) CONTAINED IN
PARAGRAPHS ONE (1) THROUGH 14 SHALL REMAIN IN FULL FORCE AND EFFECT
AND WILL BE ADHERED TO BY THE OPD.
7. THE TERM OF THIS AGREEMENT SHALL BE FROM APRIL 3, 1989, TO SEPTEMBER
2, 1990 (EIGHTEEN U81 MONTHS). THIS AGREEMENT MAY BE TERMINATED BY
ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN
TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE.
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ADDENDUM PAGE FOUR
THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS
MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S) INDICATED
BELOW.
~~~
Lowell T. Stark, Chief of Police
Ontario Police Department
,,-- /Y-;?
Date
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ADDBlfDUIf to IIIlMOUJIDOK OF t/JIDftS'fAJIDIJIG
IlfLlND I!KPIU CUlDISTIJII IAIORArOlt TAft FOlCl
ADDENDUM TO THE AGREEKENT HADE AND ENTERED INTO BY AND AMONGST THE BUREAU
OF NARCOTIC ENFORCEMENT (HEREINAFTER BHE), THE DRUG ENFORCEMENT ADMINISTRATION
OF THE UNITED STATES DEPARTMENT OP JUSTICE (HEREINAFTER DEA), THE CALIFORNIA
HIGHWAY PATROL (HEREINAFTER CHP), THE RIVERSIDE COUNTY SHERIPF"S DEPARTMENT
(HERINAFTER RSD), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER RPD) , THE SAN
BERNARDINO COUNTY SHERIPP'S DEPARTMENT (HEREINAFTER SBSD), TIlE SAN BERNARDINO
POLICE DEPARTMENT (HEREINAFTER SBPD) AND THE ONTARIO POLICI DEPARTMENT
(HEREINAFTER OPD), WHEREAS THE PARTIES HERETO RAVE AGREED POR THEIR MUTUAL
BENEFIT AND HAVE ESTABLISHED A DRUG ENFORCEMENT TAU PORCI, KNOWN AS TIlE INLAND
EMPIRE CLANDESTINE LABORAtORY TASIt PORCE (HEREINAFTER TAU PORCE), LOCATED IN
THE CITY OP RIVERSIDE, CALIFORNIA, FOl THE PURPOSE OF INVESTIGATING AND
PROSECUTING CASES BEFORE THE COURTS OP THE UNITED STATES AND TIlE COURTS OP
CALIFORNIA.
WHEREAS, ALL MEMBE1S OP THE TAU PORCE, THROUGH TIlEIR DESIGNATED
REPRESENTATIVES, RAVE BEEN CONTACTED AND, IIRO ARE ALL IN AGREEMENT, TIlE
INCLUSION OF THE RlALTO PO TO TIlE TAU PORCE WOULD BENEFIT THJ PURPOSE OP THE
TASIt FORCE, WHICH IS TO COMBAT ILLICIT CLANDESTINI LABORATORIES: AND
NOW, THEREPORE, AND IN CONSIDERAtION OF THE MUTUAL PROMISE, COVENANTS AND
AGREEMENTS HEREINAFTER SET PORTH, THE RlALTO P.O. DOES HEREBY AGREE AS FOLLOWS:
ADDENDUM PAGE TWO 0
o
1. THE lUALTO PD WILL AB IDE BY THE AGREEMENTS, HUTUAL PROMISES AND
COVENANTS ORIGINALLY ENTERED INTO IN DECEMBER, 1988, BY THE BHE,DEA,
SBSD, SBPD, RSD, RPD, AND THE CHP, AS WELL AS THE OPD WHO ENTERED INTO
THE AGREEMENT BY AN ADDENDUM TO THE OlUGINAL MEMORANDUM or
UNDERSTANDING WHICH WAS SIGNED BY THE EXECUTIVE BOARD MEMBERS IN
DECEMBER, 1988.
2. AS A HEMBER or THE TASK rORCE, THE RlALTO PO, THROUGH A DESIGNATED
REPRESENTATIVE, WILL BE A MEMBEl OF THE TASK FORCE EXECUTIVE BOARD AND
AS SUCH WILL HAVE A VOTE ON THE BOARD.
3. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A
RETURN or rUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO
EXECUTIVE DIRECTIVE. THE rOLLOWING SCHEDULE IS EFFECTIVE AFTER
DISTRIBUTIONS REQUIRED BY STATUTE, TO INCLUDE ADMINISTRATIVE COSTS WHEN
A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASt rORCE PARTICIPATING
AGENCY, IF APPLICABLE, IS HONORED. ADDITIONALLY, THE DISTRIBUTION OF
ASSETS BECOMES EFFECTIVE ON THE DATE THAT A DULY AUTHORIZED
REPRESENTATIVE OF THE RlALTO PD EXECUTES THIS ADDENDUM TO THE HOU.
BN! 20%
DE! 10%
RSD 10%
RPD 10%
SBPD 10%
SBSD 10%
CUP 10%
OPD 10%
RlALTO P.D 10%
TOTAL 100%
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ADDENDUM PAGE THREE
4. THE DETERMINING AGREEMENT SHALL BE FROM THE DATE OF EXECUTION OF
TH~S ADDENDUM, ON OR ABOUT JULY I, 1989, TO EIGHTEEN (18) MONTHS
THEREAFTER.
5. ALL OTHER AGREEMENTS, HUTUAL PROMISES, COVENANTS AS SPECIFIED IN
THE TASK FORCE MEMORANDUM OF UNDERSTANDING (EXHIBIT A) CONTAINED
IN PARAGRAPHS ONE (I) THROUGH 14 SHALL REHAIN IN FULL FORCE AND
EFFECT AND WILL BE ADHERED TO BY THE RIALTO PD.
6. THE TERM OF THIS AGREEMENT SHALL BE FROM JULY I, 1989, TO
DECEMBER 31, 1990 (EIGHTEEN (18) MONTHS). THIS AGREEMENT KAY BE
TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE
IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN
ADVANCE.
THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS
MEMORANDUM OF UNDERSTANDING ON TII! RESPECTIVE DATE(S) INDICATED BELOW.
~.p-~?
RAYMON E. FARKER, CHIU OF POLICI
iialto Police Department
Date