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Home My WebLink About18-Police Department t I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Dept: Police Department O RIGINALifth ernardino authorizing the execution of the Date: September 11,2006 Amendment to the Memorandum of Understanding (MOP with the San Bernardino County Auto Theft Task Force (SANCAT1). W CC DATE: October 2,2006 Synopsis of Previous Council Action Resolution#96-21 adopted on January 22, 1996. Recommended Motion: Adopt resolution. MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: Council Notes- Finance P2-5- JC O(a -3SQ- Agenda Item No.�� a e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Fifth Amendment to the Memorandum of Understanding (MOU) with the San Bernardino Auto Theft Task Force (SANCATT). BACKGROUND On January 22, 1996, the City Council ratified Resolution #96-21 authorizing the execution of a Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATT). That MOU outlined the operating agreement between the participating organizations. The following proposed changes will change the financial commitment for reimbursable money from SANCATT to the San Bernardino Police Department. The reduction in overtime reimbursement is due to escalating operating costs and lack of added revenue. The proposed changes are as follows: Revise Section IV, FISCAL PROCEDURES E. Overtime An overtime bank will be established based upon the actual employer cost of 100 annual hours per employee. Reimbursement will be at the rate of 25 hours on a quarterly basis, at the established rate for each employee. The Task Force Supervisor with oversight of the Coordinator will control the overtime use. Controls and accountability will be in place, and all overtime use will require pre- approval and justification. If operational necessity should exceed the 100-hour bank, each participating agency agrees to absorb the costs for their respective employee. FINANCIAL IMPACT Based on a review of past overtime expenditures the cost to the Police Department budget will be approximately $30,000 annually based on the proposed amendment to the MOU. With a current overtime budget of$2,427,600 the San B rnardino Police Department should be able to absorb the overtime costs. The Investigations lieutenant will also closely monitor overtime expenditures to mitigate increased costs. RECOMMENDATIONS Adopt Resolution. Attachments RESOLUTION NO. [� RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O ` SAN BERN'ARDINO AUTHORIZING THE EXECUTION OF THE FIFTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT). 1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLONVS: 9 5 Section 1. The Mayor and Common Council of the City of San Bernardino authorize the C- Mavor or his designee to execute the Fifth Amendment to the Agreement betxveen the City of San Bernardino Police Department and San Bernardino County Auto Theft Task Force (SANCATT). 9 10 Section 2. The authorization to execute the above referenced amendment is rescinded if 11 not issued within one hundred-t-\enty (120) days of the passage of this resolution. 12 1 4 6 17 22 29 25 i RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIFT AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT). I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held 4 on the day of 2006, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 8 I BAXTER 9 VACANT 10 DERRY 0111 KELLEY 12 JOHNSON 13 MCCAMMACK 14 15 16 Rachel G. Clark, City Clerk 17 I ,R The forgoing resolution is hereby approved this day of , 2006. 19 20 PATRICK J. MORRIS, Mayor 21 City of San Bernardino 22 Approved as to form: es F. Penman, City Attorney 24 / 25 �/ FIFTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN B'ERNARDINO COUNTY AUTO THEFT TASK FORCE Whereas, on April 6, 2006, the Frfth Amendment to the Memorandum of Understanding for the San Bernardino County Auto Theft Task Force was revised th reflect the following; Addition of one investigator position from the San Bernardino County Sheriffs Department and removal of the Rialto Police Department as a participating member. Removal of the California Department of Motor Vehicles and addition of the San Bernardino County District Attorney's Office. Establish a maximum overtime bank of 100 annual hours per employee to be reimbursed by the Task Force. The signature block for Executive Committee Members was revised to reflect current members. Revise Section III, TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall be comprised of five members of the San Bernardino County Chiefs of Police and Sheriffs Association and the San Bernardino County District Attorney's Office, or their designees. The Executive Committee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney's Chief of Investigations, and the Police Chiefs of Fontana and San Bernardino. The Department of Insurance representative will sit on the committee as a non-voting member. E. Investigators The Task Force shall be staffed by qualified investigators recommended for assignment by the participating agencies. The Task Force will be composed of personnel from the following agencies: • California Highway Patrol (CHP) — 1 Lieutenant; 2 Investigators • San Bernardino Police Department— 1 Sergeant; 2 Investigators • San Bernardino County Sheriff's Department— 2 Investigators • Fontana Police Department — 1 Investigator • National Insurance Crime Bureau (NICB) — 1 Special Agent • Department of Insurance (DOI) — 1 Investigator • San Bernardino County District Attorney — 1 Investigator Assignment to the Task Force will be for a minimum of two years. Due to the critical nature of the position, personnel recommended to the Task Force will be subject to selection interviews by the Task Force Coordinator and Supervisor. Consideration for placement on the Task Force is given based on past job performance, investigative experience, and the ability to work with others in a close, team relationship. mou.amend-5.doc MOU Amendment 5 Page-2of3 April 6,2006 Members assigned to the Task Force whose salaries are reimbursed by the Task Force fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. Revise Section IV, FISCAL PROCEDURES B. Salaries and Benefits The Task Force Coordinator, personnel from the National Insurance Crime Bureau, Department of Insurance, the California Highway Patrol, and the San Bernardino County District Attorney's Office will not be reimbursed by the Task Force fund for salary and benefits. The salary and benefits of all remaining Task Force members will be reimbursed to the participating departments by the Task Force fund. The percentage at which participating agencies are reimbursed for personnel salaries and benefits will be determined by the Executive Committee. Approved overtime, per diem and business related expenses will be reimbursed for all Task Force personnel (excluding Department of Insurance Investigator and the San Bernardino County District Attorney's Investigator) by the Task Force fund. Those personnel assigned to the Task Force on a reimbursable basis will be paid through the payroll section of their parent agency. Reimbursement will then be provided to the parent agency by the Task Force fund. It shall be the responsibility of the Task Force Coordinator to institute a system of checks and balances whereby the hours of each participant will be authorized and audited for accuracy. This information will be reported to the agencies' appropriate time keeper, with a copy submitted to the San Bernardino County Sherifrs Department accountant. The Task Force Coordinator will also retain a copy of this record. Members assigned to the Task Force whose salaries are reimbursed by the Task Force fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. E. Overtime An overtime bank will be established based upon the actual employer cost of 100 annual hours per employee. Reimbursement will be at the rate of 25 hours on a quarterly basis, at the established rate for each employee. The Task Force Supervisor with oversight of the Coordinator will control the overtime use. Controls and accountability will be in place, and all overtime use will require pre-approval and justification. If operational necessity should exceed the 100-hour bank, each participating agency agrees to absorb the costs for their respective employee. mou.amend-5.doc MOU Amendment 5 Page-3of3 April 6,2006 Revise Section XIV, SIGNATURES cc SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the San Bernardino County Auto Theft Task Force as set forth in this Agreement and for the period and purposes as stated herein. Larry J. Clark Date Chief of Police, City of Fontana John Fogerty Date Chief, California Highway Patrol Gary Penrod Date Sheriff, County of San Bernardino Michael Billdt Date Chief of Police, City of San Bernardino David Goldberg Date Chief Investigator, Department of Insurance Michael Ramos Date District Attorney San Bernardino County District Attorney's Office Michael Smith Date Chief of Investigations San Bernardino County District Attorney's Office mou.amend-5.doc 2006-352 0 P FIFTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE Whereas, on April 6, 2006, the Fifth Amendment to the Memorandum of Understanding for the San Bernardino County Auto Theft Task Force was revised to reflect the following: • Addition of one detective position from the San Bernardino County Sheriff's Department and removal of the Rialto Police Department as a participating member. • Establish a maximum overtime bank of 100 annual hours per employee to be reimbursed by the Task Force. • The signature block for Executive Committee Members was revised to reflect current members. Revise Section III, TASK FORCE ORGANIZATION Remove Rialto Police Department. A. Executive Committee The Executive Committee shall be comprised of five members of the San Bernardino County Chiefs of Police and Sheriff's Association and the San Bernardino County District Attorney's Office, or their designees. The Executive Committee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney's Chief of Investigations, and the Police Chiefs of Fontana and San Bernardino. The Department of Insurance representative will sit on the committee as a non-voting member. E. Investigators Remove Rialto Police Department Investigator and add a second San Bernardino County Sheriff's Department detective. The Task Force shall be staffed by qualified investigators recommended for assignment by the participating agencies. The Task Force will be composed of personnel from the following agencies: • California Highway Patrol (CHP) — 1 Lieutenant; 2 Investigators • San Bernardino Police Department — 1.Sergeant; 2 Investigators • San Bernardino County Sheriff's Department — 2 Detectives • Fontana Police Department — 1 Investigator • National Insurance Crime Bureau (NICB) 1 Special Agent • Department of Insurance (DOI) — 1 Investigator • San Bernardino County District Attorney — 1 Investigator mou.amend-5.doc MOU Amendment 5 Page-2 of 3 April 6,2006 Assignment to the Task Force will be for a minimum of two years. Due to the critical nature of the position, personnel recommended to the Task Force will be subject to selection interviews by the Task Force Coordinator and Supervisor. Consideration for placement on the Task Force is given based on past job performance, investigative experience, and the ability to work with others in a close, team relationship. Members assigned to the Task Force whose salaries are reimbursed by the Task Force fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. Revise Section IV, FISCAL PROCEDURES Establish a maximum overtime bank of 100 annual hours per employee to be reimbursed by the Task Force. E. Overtime An overtime bank will be established based upon the actual employer cost of 100 annual hours per employee. Reimbursement will be at the rate of 25 hours on a quarterly basis, at the established rate for each employee. The Task Force Supervisor with oversight of the Coordinator will control the overtime use. Controls and accountability will be in place, and all overtime use will require pre-approval and justification. If operational necessity should exceed the 100-hour bank, each participating agency agrees to absorb the costs for their respective employee. Revise Section XIV, SIGNATURES XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the San Bernardino County Auto Theft Task Force as set forth in this Agreement and for the period and purposes as stated herein. Larry ark Date Ch' f Pplice, City of Fontana ca/ John` og rty Date Chief, California H Zt a Patrol mou.amend-5.doc MOU Amendment 5 Page-3of3 April 6,2006 Gary Pe od ( Date Sheriff, County of San Bernardino --6� lo'll �oi: Michael Billdt - Date Chief of Police, City of San Bernardino Ail q /,3L5 6 David Goldberg Date Chief Investigator, De Insurance Michael Ramos Date District Attorney San ernardino Coun istrict Attorney's Office Michael Smit Date Chief of Investigations San Bernardino County District Attorney's Office mou.amend-5.doc