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HomeMy WebLinkAbout20-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon, Chief of Police Date: June 3, 2002 0 r ,,*> " , · L i , . ...' I I . 1-\ Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the memorandum of understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATI). Dept: Police Department Synopsis of Previous Council Action Resolution #96-21 adopted on January 22,1996. Recommended Motion: Adopt resolution. I Ii ~7 l "'_/,!,,' ,,' / / Lu Lf0i~ MICHAEL BILLDT, ASSISTANT CHIEF OF POLICE Contact person: Captain J enifer Aragon Phone: 384-5609 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance Council Notes: ~df:J Oo?- -/~d- Agenda Item No...aD..- fD J 11 }Da- , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Conunon Council of the City of San Bernardino authorizing the execution of an 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 (MOV) with the San Bernardino County Auto Theft Task Force (SANCATT). That MOU outlined the operating agreement between the participating organizations. The following proposed change adds a Department of Insurance representative to the table of organization. This added position will facilitate the tracing of vehicle owner information on stolen/recovered vehicles and vehicle parts. The proposed changes are as follows: A. Executive Conunittee The Executive Conunittee shall be comprised of six members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees, and a representative from the California Department of Motor Vehicles. The Executive Conunittee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Conunander, the San Bernardino County District Attorney, the Department of Motor Vehicles Inland Area Conunander, and the Police Chiefs of Fontana, RiaIto and San Bernardino. The District Attorney and Department of Insurance representative will sit on the conunittee as non-voting members. E. Investigators The task force shall be staffed by qualified investigators reconunended 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 Sheriffs Department -1 Investigator . RiaIto Police Department - 1 Investigator . Fontana Police Department - 1 Investigator . California Department of Motor Vehicles (DMV) - 1 Investigator . National Insurance Crime Bureau (NICB) - 1 Special Agent . Department of Insurance (DOl) -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. Add Department ofInsurance as Support Staff H. Department of Insurance One full time DOl Investigator will be assigned to the task force as an investigator. All salary, benefits, overtime, per diem, business expenses, and vehicle expenses for this team member will be paid by DOl and not reimbursed by the task force fund. A vehicle will also be provided by DOl. Add Department ofInsurance to 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 California Department of Motor Vehicles 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 fully reimbursed for all task force personnel (excluding Department of Insurance 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 Sheriffs 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. Revise Section XIV, SIGNATURES Update current commanders and add signature blocks for Michael Ingram, Department of Insurance. FINANCIAL IMPACT None to the City's General Fund or Police Department budget. RECOMMENDATIONS Adopt Resolution. Attachments May-23-02 OB:39A City Cl~rks OTTic~ l. P.02 CITY OF SAN IlRRNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) I'll.OGRAM DATE: Fehruary 13, 199& TO: All Clients FROM: CiTY Clerk's Office RE: SCANNING DOCUMENT I'ROBI_EM NOTICE ------..,-----------------. ----_.-------- "."-.--------------. .._---------~-----_. ..-.---------------~~-..-----------------------... "--------------.-... MAYOR AND COMMON COUNCIL Meering Dale: OllZ2/1996 Resollllion #: Rl.'S 96.21 Irem #: #24 Ordinance #: Description: Resolution authorizinll the execution uf an agreement witb California lIigllway Patml, San Bernardino Sherin"s Department, Riallo l'tllice Department, Redlands Police Department, Upland Police l>epartlneut, and Ontario Police Department to porticipate in the San Bernardino County Vehicle Theft Task I'orce. NOTlCR OF: A. Mi..~ine Doeumenl: I. E~hihiI/AlIachmenL: 2. Public Wurks/Engineering Bound ConlraCl: 3, Slaff Repon: x. n. Bod Oualitv Ori!!inal: C. lIand Written orleillal: U. Ot'dinance. Lel!8J Advertisenlent Proof of Puhlication Bad Ollalitv: E. qrdinan<<,. Nu Staff Repurt: FOR ASSI~-rANCF.: Should yo" halit! an.y que."iol1s on rhi." mt/llet. please do nol he.silale 10 ""nll/cI ,irher Deputy eilY Clerk Meltlllle Miller at Admil,ij'/ralive Opera1i(JnS SlIpervi.fIJt Salwra Medina al (909) .~84-5(X)2. Rachel Clark City Clerk RC:malll May-2~-02 OB:39A c;ty Clerks Off;ce l. P.03 CITY OF SAN BGRNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFfICE RECORDS & INfORMATION MANAGEMENT (RIM) PROGRAM DATE: FcbrualY 13, 1998 TO: All Client' FROM: City Clerk's Office Rc: SCANNING DOCUMENT PROBLEM NOTICE ____ _ __. ___________ ..__ ______ _____" ._ ________4.----------... _ ________._._ ___________ _ -. .----- _______M -..------------ --.... -- --------------- ,. - ----------- MA YOK AND coMMON COUNCIL MeeLing J)ate: 01l081199~ Re,olLllion II: !Lem II: IIl~ Ordinancell: Description: I~esolution autltorizing tlte execution of an agreement with the California Highway Patrol, San Bernardino Sheriffs Department, RiaIto P"liee Department, Redlands Pnlice Department, Upbmd Poliee Department, and Ontario Police Oepal1ment to participate in tlte San Bernardino County Vehicle Then Task Fore., NOTICE OF: A, Missin!!. llocument: l. Exhibit/ Altachment: 2. Public Works/Engineering Bound Contract: 3. Staff Repon: X B. Bad Qualitv Oriainal: C. Hand Written Orielnal: II. Ordinance - Lel!aJ Ad\lertisement Pmof of Publication Bad OualitXi I!:. Ordinance - No Starr Reoolt: FOR ASSISTANCE: should you have any ques/irlns Oil/hi.' maileI', p/mse do nol he.d/ole 10 ,.-on/oc/ eirher /kpllty City Clerk Me/Ollie Miller or A,/minislrflliY<' Opera/ions SICperllisor Sandra Medilla a/ (909) 384.5002. 'Rachel Clark City Clerk RC:mam f- RESOLUTION NO. (('::'0 r;=" \I f \!...F; \\_j' ,j ,'j U U RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF "-- SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT). 5 6 7 8 9 10 '- 11 12 13 14 15 16 17 18 19 20 21 ~ \..- 23 24 1 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AS FOLLOWS: 4 Section 1. The Mayor and Common Council of the City of San Bernardino authorize th Mayor to execute an amendment to the agreement between the City of San Bernardino Polic Department and San Bernardino County Auto Theft Task Force (SANCATT). Section 2. The authorization to execute the above referenced amendment is rescinded if not issued within one hundred-twenty (120) days of the passage of this resolution. III III III III III III III III III 22 25 BCLS:\Council\SANCA TT Amend Reso.doc RESOLUTION NO. '- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT). 1 2 I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a meeting thereof, held 4 on the day of 5 Council Members: AYES 6 ESTRADA 7 LIEN 8 MCGINNIS 9 DERRY 10 SUAREZ ",-. 11 ANDERSON 12 MCCAMMACK 13 14 , 2002, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, CITY CLERK The forgoing resolution is hereby approved this _ day of ,2002. 15 16 17 18 19 Approved as to form and legal content: 20 JAMES F. PENMAN, 21 City Attorney , ) 22 7- ,- B0#~ {~ . 23 \..- 24 25 BCL:S:\Council\SANCATI Amend ResQ.doc Judith Valles, Mayor City of San Bernardino .~ THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE '- Whereas, on June 1, 2002, the third amendment to the Memorandum of Understanding for the San Bernardino County Auto Theft Task Force was revised to reflect the addition of the Department of Insurance (DOl) as a new agency to the Task Force and to revise the signature block of Executive Members. Revise Section III, TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall be comprised of six members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees, and a representative from the California Department of Motor Vehicles. The Executive Committee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney, the Department of Motor Vehicles Inland Area Commander, and the Police Chiefs of Fontana, Rialto and San Bernardino. The District Attorney and Department of Insurance representative will sit on the committee as non-voting members. "'- E. Ilwestigators 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 - 1 Investigator . Rialto Police Department - 1 Investigator . Fontana Police Department - 1 Investigator . California Department of Motor Vehicles (DMV) - 1 Investigator . National Insurance Crime Bureau (NICB) - 1 Special Agent . Department of Insurance (DaI) -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-3.doc MOU Amendment 3 Page 2 of 3 June 1. 2002 - Add Department of Insurance as Support Staff . '-- H. Department of Insurance One full time DOI Investigator will be assigned to the task force as an investigator. All salary, benefits, overtime, per diem, business expenses, and vehicle expenses for this team member will be paid by DOI and not reimbursed by the task force fund. A vehicle will also be provided by DOI. Add Department of Insurance to 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 California Department of Motor Vehicles 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 fully reimbursed for all task force personnel (excluding Department of Insurance 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 Sheriff's 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. Revise Section XIV, SIGNATURES Update current commanders and add signature blocks for Michael Ingram, Department of Insurance. 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. , "- mou.amend-2.doc .- ""-- ""-- "- MOU Amendment 3 Page 3 of 3 June 1, 2002 Frank Scialdone, Chief of Police, City of Fontana Date John Fogerty, Chief, California Highway Patrol Date Gary Penrod, Sheriff, County of San Bernardino Date Michael Meyers, Chief of Police, City of Rialto Date Date Garrett Zimmon, Chief of Police, City of San Bernardino Date Gary Kiesewetter, Inland Area Commander California Department of Motor Vehicles Date Michael Ingram, Chief Investigator Department of Insurance mou.amend-2.doc May-2~-02 OB:39A City Clerks Office 1 P.04 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 96-21 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT, REDLANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VEHICLE THEFT TASK FORCE. BE IT RESOLVED by the Mayor and Common Council of the City of San Bernardino as follows: SECTION I: The Chief of Police of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the California Highway Patrol, San Bernardino Sheriff's Department, Rialto, Redlands, Upland, and Ontario Police Departments to participate in a multi-agency vehicle theft task force known as the San Bernardino County Vehi.cle Theft Task Force. The mission of the task force is to reduce the incidents of vehicle thefts and carjackings and increase the apprehension of the professional vehicle thief. This county-wide vehicle theft task force would be able to interface with federal, state, county, and local police agencies sharing intelligence information relating to vehicle thefts. The task force would identify professional thieves participating in vehicle stripping, renumbering of stolen vehicle parts for resale, exportation of stolen vehicles, and carjackings. A copy of the proposed Memorandum of Understanding is attached hereto, marked Exhibit A and incorporated herein by reference as fully set forth at length. III III May-23-02 OB:39A City Clerks Office 1 P.os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 !)6-21 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT, RED LANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VEHICLE THEFT TASK FORCE. SECTION II: The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within 120 days of passage of this resolution. COUNCILMEMBERS AYES NAYS ABSTAIN ABSEN'r x -- X x -- x -----, - x --- --- NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM x MILLER x I I . J.. . t, '1...../'" ., ~ :"''':.'''''-l~. ,l,.." "_~' '.. ",':.." '-- 'City Clerk , :;''''1,( f The foregoing resolution is hereby approved on the ,~,.:,', day 0 January , 1995. i; ,..... I ///" ' . ,::', ,:-"')"1 l ,/ ;", I J ,: " Mayor 1'om Minor Approved as to form and legal content: '\ , ~ ,.' "1'1,1"" , James r'. Penman 25 ,. City Attorney 24 26 27 28 / May-23-02 OB:40A City Clerks Office l. P.06 96-21 Confidential ~ Confidential Fund oC County oC San Bernardino lpg. 8) MEMORANDUM OF UNDERSTANDING SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE December 1,1995 CONFIDENTIAL. ... .. .... .... I. OVERVIEW Vehicle theft has become the most costlY of all property crimes. and is an American epidemic. It impacts over four million Americans each year at a cost exceeding $10 billion. This represents almost half (48%) of the dollar loss of all crimes combined. California led the nation in 1994 with approximately 300,000 vehicle thefts. 40,000 of which were never recovered. During this same year in San Bernardino County, a total of 20.311 vehicles were stolen at a cost to the citizens of almost $122 million. While vehicle thefts decreased statewide in 1994 by 4.4%, in San Bernardino County during the same time period they increased by 10.1 %. In an effort to combat this growing crime problem, and to address mounting public concem, the California Legislature passed into law Sena[e Bill 2139 (Vehicle Code Section 9250.14). As stated. this bill authorizes the County Board of Supervisors to impose a $1 fee on all vehicles registered in the County at the time of registration renewal, to enhance the capacity of local police and prosecutors to deter, investigate. and prosecute vehicle theft crimes. In May of 1995, the San Bernardino County Board of Supervisors adopted a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi-jurisdictional vehicle theft task force. The resolution was adopted unanimously and results in an additional $1.00 fee to be charged on each San Bernardino County new and renewal vehicle registration. The fee increase is schedulea to begin effective October 1, 1995 and will be continuously appropriated, wi1:hout regard to fiscal years. II. MISSION STATEMENT To reduce the incidence of vehicle theftlcar-jackinm; and increase the apprehension of the professional vehicle thief, the -San Bernardino County Auto Theft Task Force will accomplish the following: 1. Interface with the California Highway Patrol Investigative Services Unit (Vehicle Theft), DMV, DOJ, FBI and all agencies May-23-02 OB:40A C;ty Clerks Off;ce 1 P.07 %-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 2 4. within San Bernardino County for the sharing of intelligence information related to vehicle theft. 2. Increase the number of arrests of vehicle theft and car jacking suspects. particularly the professional thieves participating inlhe ~urgical stripping, renurntiering for resale, exportation, anCl car Jacl<ing. Identify locations that are used in connection with vehicle theft offenses and take appropriate enforcement action. These locations may include legitimate business locations (e.g. repair/body shops and dlsmantlers) used for illegal activities and the sites of "chop shop operations. ' Identify local trends and patterns of vehicle theft and car-jacking activity to be targeted by task force investigators. Increase the recovery rate of stolen vehicles and reduce the number of car-jacking incidents in San Bernardino County. Provide centralized repository for vehicle theft expertise, support. coordination. and information data base. In cooperation with the San Bernardino County District Attorney increase the number of felony prosecutions for vehicle theft ana car-jacking suspects, particufarly the professional thieves particip~ting in the sl,lrgical stripping, renumbering for resale, exportation, and car-Jacking. Conduct business inspections pursuant to section 2805 of the California Vehicle Code, for the p'urp,ose of investigating the title and registration of vehicles to estat;lish the rightfur ownership or possession of the vehicle or identifiable vehiCle cornponent part. Provide a forum for public awareness relating to vehicle theft prevention and trends throughout San Bernardino County. This will be accomplished through coordination with the local media to publicize the vehicle theft problem and task force activities, thereby encopragi'1g public participation while discouraging potential vehicle lhleves. 3. 5. 6. 7. B. 9. I21UIl9S May-23-02 OS:40A City Clerks Office 1 PoOS 96-2J. San Bernardino County AulO Theft Task Force Memorandum of Understanding Page l III. TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall be comprised of eight members of the San Bernardino County Chiefs of Police and Sheriffs Association or their designees, and a representative from the Califomia Department of Motor 'lehides. The Executive Committee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney, the DMV Harbor Area Commander, and the Police Chiefs of San Bernardino. Redlands, Rialto, Ontano, and Upland. The District Attorney will sit on the committee as a non-voting member. Members of the Executive Committee will meet quarterly, or as necessary, to review task force operations and to proviae direction, Quidance, and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by majority vote, provided a quorum of the committee is present and voting. A quorum is defined as a minimum of four voting members. B. Task Force Coordinator The Task Force Coordinator's pOSition will be staffed full time by. a lieutenant provided by the California Highway' Patrol. The Coortlinator will be responsible for management re~nslbilities of the task force and will be directly accountaole to the Executive Committee for task force operations. Salaries and benefits will be paid by the California Highway Patrol and will not be reimbursed from the task force fund. C. Supervision The Task Force Supervisor's position will be staffed bY a sergeant proVided by. the San Bernardino Police Department. This sergeant will be selectee by the Task Force Coordinator with input from the. Police Department and concurrence of the Executive Committee. The sergeant will supervise all subordinate members of the task force and provide necessary input for performance evaluations to the parent agency. Salary and benefits associated with this position Will be reimbursed from the task force fund to the parent agency. The reimbursement percentage will be determined by the Executive Committee. D. Prosecution Staff The District Attorney's Office has established a vehicle theft prosecution team funded through money collected pursuant to CVC 12/01/95 May-23-02 OB:41A C;ty Clerks Off;ce 1 P.09 96-21 San Bemanlino County Auto Theft Task Force Memorandum of Understanding Page.! 9250.14. This team will work directly with the task force to prollide legal review and will file cases warranting a criminal complaint. All velliele theft task force cases will be vertically prosecuted. If warranted, federal prosecution will be pursued" by the appropriate attorney's office. E. Investigators The task force shall be staffed by qualified investigators recommended for assignment by tlieparticipating agencies. The task force will be composed" of personnel from ttie follOWIng agencies: o California Highway Patrol (CHP) -1 Lieutenant 2 Investigators o San Bernardino Police Department - 1 Sergeant 1 Investigator o San Bernardino County Sheriff's Department - 2 Investigators D Ontario Police Department - 1 Investigator o Redlands Police Department - 1 Investigator o Rialto Police Department - 1 Investigator o Upland Police Department - 1 Investigator o California Department of Motor Vehicles (DMV) - 1 Investigator o National Insurance Crime Bureau (NICS) - 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- Personnel not meeting accep-table standards of performance or refusing to comply witft task force policies and procedures may be removed from the task force and transferred back to his/her department. If the Task Force Coordinator has cause to replace a member. he/she shall discuss the issue with the parent agen(dl. If the Qarent agenq does not concur with the decision of the Task Force Coordinator to remove and replace the task force member, the issue shall be forwarded to the Executive Committee for final resolution. It is agreed. however, that the resolution of operational problems at the lowest level is in the best interest of the taSK force. . 12/0 1/95 May-23-02 OB:4lA C;ty Clerks Off;ce 1 PolO 96-21 San Bemardino County AulO Theft Task Force Memorandum of Understanding Page 5 Salaries and benefits associated with these investigators will be reimbursed from the task force fund to the participating agencies. The reimbursement percentage will be determined b'i' the Executive Committee. Any p'articipation by the CHP, FBI, DMV and NICB in the task force will not be reimbursable through the task force funds. F. Administrative Support Staff One Transcribing Tygist II provided b'i' the Sheriff's Department will be assigned to the tasl< force. This position will support field and staff operationshand will provide clerical liaison to the parent agencies. The salary for t is position will be fully reimbursed from the task force fund. G. National Insurance Crime Bureau (NICB) Investigator One full time NICB Investigator will be assig!Jed to the task force as a coordinator between the task force and NICB. All salary, benefits, overtime, per diem, and business expenses for this team member will be paid by NICB and not reimbursed by the task force fund. H. California Highway Patrol Two full time vehicle theft investigators will be provided by the California Highway Patrol. With lhe exception of travel, per diem and overtime expensey.,all salary and benefits for these team members will be paid by the CHI"" and win not be reimbursed from task force funds. I. California Department of Motor Vehicles One half-time DMV investigator will be provided by the California Department of Motor VehiCles. With the exception of travel, per diem and overtime expense, all salary and benefits for this P9sition will be paid by the DMV and will not be reimbursed from task force funds. J. Participating Agency For the purposes of this memorandum of understanding, a "Participating Agency" is defined as any' law enforcement agency which tias an employee assigned specifically to this task force. regardless of the status of reimbursement from allocated funds. 12101195 May-23-02 OB:4IA C;ty Clerks Off;ce I P.II 96-21 San Bernardino County Auto Theft Task Force Memorandum or Understanding Page 6 IV. FISCAL PROCEDURE A. Task Force Fund The task force fund-1 established~ursuant to CVC Section 9250.14, will be administereo by the San Bernardino County Sheriffs Department. R~uests for the expenditure of funds will require the arproval of the EXecutive Committee based on a simple majority vote o approval. Tlie Task Force Coordinator will be authorized to expend an amount ap'proved by the Executive Committee for the op'erational needs of the task force. Any operational needs of the task force exceec!ing this amount will require prior approval of the Executive Committee. B. Salaries and Benefits The Task Force Coordinator, personnel from the National Insurance Crime Bureau1 the California Highway Patrol, and the California Department Or Motor Vehicles 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 wilT be determined by the Executive Committee. Ap,proved overtime, per diem and business related expenses will be funy reimbursea for all task force P.8rsonnel by tlie task force fund. Those personnel assigned to the task force on a reimbursable basis will be Daid through the payroll section of their parent agency. Reimbursement wilr then be provided to the parent cmency by the task force fund. It shall be the responsibilitv of the Task Force Coordinator to institute a system of checks and barances 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 submitteCl to the San Bernardino County Sheriffs 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. Admin,istratjve proces~ing costs to determine payroll by participating agencies Will not be reimbursed. C. Participant Claims for Reimbursement Participating agencies shall request reimbursement for task force members' regular salaries, benefits, overtime, business expenses and per diem from the task force fund. 12/01/95 May-23-02 OB:42A C;ty Clerks Off;ce 1 P.12 ~-21 San Bemardino County Auto Theft Task Force Memorandum 01 Understanding Page 7 Reimbursement will only be made based on actual hours of program participation. Reimbursement claims by task.force mempers for reimbursable travel per diem.&, lodging1 matenals, or servIces shall be approved by the Task Force vooroinalor and submitted on an ap'proved claim form to the members' parent agenc;:y. Reguests for reimbursement from the J.tarent agency shall be sutimitted to the San Bernardino County Sheriffs Department no later than the 15th day of the month following the end of the Quarter the participant worked. It will be the respqnslbility of the task force accountant to develop a format for claiming expenses with appropriate back-up' detail information and to provide a sample of the document to the parent agency. This document will then be used by each participating agency for claiming any expenses incurred as a result of participation In the task.force, P~yment of the claim will be processed within 30 days of receipt of Invoice. In the unlikely event that revenues fall short of what is required for reimbursement, reimbursement shall be made on a prorate share basis. In no event will general revenues of the County be used to offset any such shortage. D. Right to Audit Each_party to this Agreement shall make available to the County of San Bernardino, at all reasonable times, its payroll and other records relating to this agreement. The County or inde~ndent auditor may audit such recoras and if the County determines that ineligible costs have been reimbursed the agenc;:y shall immediately repay the amount determined to be ineligible. If not repaid within 30 day:s, the County may hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of the requ.ired records for a period of three years after the date tne expense IS reimbursed. Task Force funds shall be audited at the direction of the Executive Committee. This audit will normally be conducted by a private firm. The cost of the audit will be paid from the task force fund. E. Overtime The Executive committee will approve a "not to exceed" monthly allocation of overtime to be utilized by the task force as necessary. Monthly amounts exceeding this allocation will require the submission of written justification by the Task Force Coordinator for approval to the Executive Committee. 12/(11/95 May-23-02 OB:42A C;ty Clerks Off;ce 1 P.13 96-21 San Bernardino County Auto Theil Task Force Memorandum of Understanding Page II F. Indirect Costs The County of San Bernardino, through the Sheriffs Department, receives and is the Financial Adminislrator for all source funds for the San Bernardino County Auto Theft Task Force. As such, a significant amount of management time will be required for the administration of the funds. Costs associated with the administration of these funds will be reimbursed to the Sheriffs Department. Requests for reimbursement of administrative costs will be subject to approval by the Executive Committee. G. Confidential Fund A Confidential Fund shall be established for use bv the San Bernardino County Auto Theft Task Force. These funds shall only be used as necessary in the performance of duties relating to task force activities. Such usage win be limited to special and extraordinary expenses incurred If"uring the investigation of vehicle thefts. Authorization to use these funds will be determined by the Task Force Coordinator and will conform to standards and p"'olicies established for the San Bernardino Sheriffs Department. The Confidential Fund will be funded from task force revenues and will normallv not exceed a balance of $5,000. Any increase in the Confidential Fund balance will be approved by the Executive Committee. V. LIABILITY Each garticipating agencY in the San Bernardino County Auto Theft Task Force shallllave fun financial responsibility for their respective investigators while assigned to the tasR: force.l.!ncluding industrial injury Claims, vehicle accidents, and third pal ~y. claims lor monetary damages arising from vehicle accidents and other alleged torts. Additionally, the agency shall also be responsible for any and all workers' compensation claims of their respective investigator if he/she should become injured in the course and scope of his/her duties while assigned to the task force. San Bernardino County, its officers, agents, and employees shalt not be deemed to have assumed al!Y liability for the negligence of participating agencies or any of its officers or employees; anCt participating agencies shall hold the County, its officers and employees harmless lrom any and all claims and damages resulting therefrom. Participating agencies and the County shalll'iold each otller harmless from the liability for negligent 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 liability imposed on the agreeing parties due to the negligent acts or omissions of another partY's assigned employee(s). 12/u1/95 May-23-02 OB:42A City Clerks Office 1 P.14 96-21 San Bernardino County AulO Theft Task Force Memorandum <If Understanding Page 'J VI. OPERATION LOCATION Appropriate space will be provided to house task force members and related equipment by the San Bernardino Police Department at no cost to the task force. The task force main office will be located at 767 North E Street. San Bernardino Ca. 92401. At a future date to be . determined by the Executive Committee. a satellite office will be established in the high desert. . VII. EQUIPMENT The Task Force Coordinator will be accountable for equipment assigned to the task force and will utilize approved San Bernardino County procedures for procuring, accounting and safeguarding fixed assets. A. Vehicles The National Insurance Crime Bureau (NICS) has agreed to provide vehicles at no cost for use by task force investigators. In the event the task force is unable to proviae a vehicle to the assigned member through ,task force resources, participating agencies agree to provide thiS equipment. Maintenance and fuel costs of vehicles assigned to the task force will be paid by the task force fund. Fuel and mamtenance costs provided bY participating agencies will be reimbursed by the task force fund. Certification offuel amounts and costs will be required. These reimbursements will be paid from invoices submitted to the Sheriffs Department.. Such claims will be approved for payment by the Task Force Coordmator. B. Communications Equipment Hand-held radiosl cellular telephones, and pagers will be purchased in cooperation with lhe Sheriff's Automotive Section and paid for by the tasK force fund. The Coordinator, supervisor, and each investigator will be provided with a radio. cellular telephone, and pager. Procedures will be developed to ensure proper use ana accountability of this equipment. C. Other Equipment Other equipment including in-house covert equipment, office equipment, computers, hand tools, cameras, video cameras, and the like, will be purchased or leased with monies from the task force fund and provided for use by task force investigators. 12/01195 . May-23-02 OB:43A C;ty Clerks Off;ce 1 P.l5 96-21 SaR Bemanlino County Aulo Theft Task Force Memorandum of Understanding Page III Situations requiring air support, unique vehicles, or other unique items will require cooperative scheduling and assistance from the member departments. D. Disbursement ofTask Force Assets At the conclusion of the funding authorized by CVC 9250.14, all fixed assets of this task force will be distributed to the participating a~encies by the Executive Committee. As r~uired by law, any unused fUnds wIll be retumed to the State Controllers office. VIII. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential. This will require that investigators p-ossess undercover California driver's licenses and other sources of identification. The procurement utilization, and control of these documents will rest with the parocipatlng agency. Investigators will be expected to bring covert documents witli tHem at time of assignment. IX. ASSET FORFEITURE SHARING Task force operations which result in the p'otential for either State or federal asset seizures shall be brought to the attention of the Task Force Coordinator for a decision as 10 whether or not an app.'ication for asset forfeiture sharing will be made pursuant to appropriate State or Federal Jaw. Allocation of any forfeltea funds will be determined by the Executive Committee. X. STANDARD OPERATING PROCEDURES All task force members shall abide by the Standard Operating Proce9ures M!'Inual (SOP) which shall be pre.pared by the,Task Force Coordinator With the assistance of the Task Force Supervisor. The completed SOP will be subject to the review and ap'proval of the Executive Committee. The SOP shall specify poliCies and procedures for task force operations and shall include the following specific items: A. In any case where the pOlicies or procedures of the task force conflict with those of the member's parent agency, the member shall abide by the policies of his or her own agen~. Conflicts not resolved by the supervisor will be referreato tfie Task Force Coordinator for resolution. 1'l/tU/Oolll May-23-02 OB:43A C;ty Clerks Off;ce 1 P.16 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page It B. C. The investigation of officer involved shootings shall be conducted Dy the law enforcement agency Iiaving jurisdiction over the area of occurrence. Vehicle aCCIdents will also be handled by the agency having jurisdiction at the location at which the accident occurs. Nothing p'recludes further investigation or concurrent investigation by the officer's parent agen!=y. Additionally, the Task Force Coordinator will ensure tnat the parent agency of the involved officer has been notified. Injured personnel will be taken to the most immediate and competent medical facilities available. The officer's parent agency will be immediately notified of any injury to their personnel. Task force member evaluations and investigations of citizens' complaints or intemal investigations shall be handled jointly between the assigned Task Force Supervisor and the parent agency when tasK force assignment is an issue. Disciplinary actions against investigators will be approved solely by the parent agency. Internal discipline problems will be adoressed by the TasK Force Supervisor and documented when necessary. Continued failure to abide by task force policies and procedures may result in the removal of an investigator from the task force. ReQ!,Iests for removal will be made upon the recommendation of the Task Force Coordinator with concurrence of the Executive Committee. Parent agencies will provide the name, rank, and telephone number of a "liaison supervisor" that will assist the Task Force Coordinator and Supervisor with inquiries of mutual concem D. The release of media information regardinlLtask force Qperations will be coordinated through the Task Force Coordinator. The Task Force Coordinator will ap'prise the Chairman of the Executive Committee of all incloents which may result in signifiCant media interest. The Executive Committee will determine what course of action wilfbe taken in releasing significant event information. XI. REPORTING A. The Task Force Coordinator will be resp'onsible for implementing a reporting system which tracks team activities, statistics, ana accompliShments of task force operations. ThiS reporting system will serve as the basis for quarterly reports to the Executive Committee as well as to ensure an accountability of personnel and equipment resources. 12ftll/9S May-23-02 OB:44A City Clerks OTTice l. P.l.7 96-2J. San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 12 B- The Task Force Coordinator will submit an operational report to the Executive Committee on a Quarterly basis within 20 days following the end of each calendar quarter. An annual report will be p'rovided to the County Board of Supervisors, with copies to each participating agency. C. XII. AMENDMENTS TO THE MOU The Executive Committee ma.y amend any portion of the MOU in writing only, by way of the voting procedure established in Section iliA above for the conduct of committee business. XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 1996 and, pursuant to CVC 9250.14, shall remain in effect until the termination of task force funding on January 1, 2000, unless a later enacted statute deletes or extemfs that date. Participating agencies may elect to terminate the agreement prior to its designated fermination date. Any agency desiring to terminate its participation in this agreement shall indicate such inlent in writing to the Executive Committee. The termination shall be deemed to lake effect not less than 30 days after receip.t of the written communication or upon a date established by mutual agreement. XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this ~greement on benalf of their respective agencies and. in signing this agreement,_ concur with and sUPP9rt the San Bernardino County Auto Theft TaSK Force as set forth In this Agreement and for . the period and purposes as stated herein. .f"".--"- / - s~ 9(, Date J. _ kidmore, Deputy Chief Commander, Inland Division, CHP I2IU 1/9S May-23-02 OB:44A C;ty Clerks Off;ce 96-21 San Bemardino County Auto Theil Task Force Memorandum of Understanding Page 13 _4.;,/ h~ Gary Penr Sheriff. County of San Bernardino ~ ~ Dennis e Chief of Poli f Rialto . Cfp- A)~- Lee Dean Chief of Police, City of San Bernardino cZIS"~ Lewis Nelson Chief of Police, City of Redlands ~. 1 ~ ~ Martin Thouvenell Chief of Police, City of Upland -tl,. y hart Chief of Police, City /f~~---~ KJ. aruso Harbor Area Commander California Department of Motor Vehicles . 1 PolB /- ~ ~.;.- f/ .r:: Date \ 2- . 1 q - 9"5 Date ;L/131?~ Date I - If - t;.{, Date \L.-- \~-~S. Date / -/d -~.f:, Date Iz--Zo-,r Date I ?.IIl1I'l~ , -- .~ '-- I. December 1,1995 CONFIDENTIAL OVERVI EW Vehicle theft has become the most costly of all property crimes, and is an American epidemic. It impacts over four million Americans each year at a cost exceeding $10 billion. This represents almost half (48%) of the dollar loss of all crimes combined. California led the nation in 1994 with approximately 300LOOO vehicle thefts, 40,000 of which were never recovered. During tnis same year in San Bernardino County, a total of 20,31 f vehicles were stolen at a cost to the citizens of almost $122 million. While vehicle thefts decreased statewide in 1994 by 4.4%, in San Bernardino County during the same time period they increased by 10.1%. In an effort to combat this growing crime problem, and to address mounting public concern, the California Legislature passed into law Senate BiIT 2139 (Vehicle Code-Section 9250.14). As statedd- this bill authorizes the County Board of Supervisors to impose a ill1 fee on all vehicles registered in the County at the time of registration renewal, to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In May of 1995 the San Bernardino Coun!y Board of Supervisors adopted a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi-jurisdictional vehicle theft task force. The resolution was adopted unanimously and results in an additional $1.00 fee to be charged on each San Bernardino County new and renewal vehicle registration. The fee increase is scheduled to begin effective October f, 1995 and will be continuously appropriated, without regard to fiscal years. II. MISSION STATEMENT To reduce the incidence of vehicle theft/car-jackings and increase the C!Pprehension of the professional vehicle thief, the San Bernardino County Auto Theft Task Force will accomplish the following: 1. Interface with the California Highway Patrol Investigative Services Unit (Vehicle Theft)} DMV, Dept of Insurance (001), DOJ, FBI and all agencies within San Bernardino County for the sharing of intelligence information related to vehicle theft. San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 2 ,-. 4. '-' ,- \..... Increase the number of arrests of vehicle theft and car jacking suspects, particularly the professional thieves participating in the ~urgical stripping, renumbering for resale, exportation, and car JacKing. Identify locations that are used in connection with vehicle theft offenses and take appropriate enforcement action. These locations may include legitimate business locations (e.g., repair/body sl1o[?s and dTsmantlers) used for illegal activities and the sites of "chop shop operations." Identify local trends and patterns of vehicle theft and car- jacking activity to be targeted by task force investigators. Increase the recovery rate of stolen vehicles and reduce the number of car-jacking incidents in San Bernardino County. Provide centralized repository for vehicle theft expertise, support, coordination, and information data base. In cooperation with the San Bernardino County District Attorney increase the number of felony prosecutions for vehicle theft ana car-jacking suspects, particularly the professional thieves partlcip~ting in the sl!rgic.al stripping, renumbering for resale, exportation, and car-Jacking. 8. Conduct business inspections pursuant to section 2805 of the California Vehicle Code, for the purpose of investigating the title and registration of vehicles to establish the rigl1tfuI ownership or possession of the vehicle or identifiable vehicle component part. 2. 3. 5. 6. 7. 9. Provide a forum for public awareness relating to vehicle theft prevention and trends throughout San Bernardino County. This will be accomplished througfl coordination with the local media to publicize the vehicle theft problem and task force activities, thereby enco.uragil"!g public participation while discouraging potential vehlcle1hleves. 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 3 . ......... III. TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall be comprised of six members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees, and a rEWresentative from the California Department of Motor Vehicles. The Executive Committee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commandertthe San Bernardino County District Attorney, the DMV Inland Area ommander, and the Police Chiefs of Fontana, Rialto, and San Bernardino. The District Attorney and DOl representative will sit on the committee as non-voting members. Members of the Executive Committee will meet semi-annually, or as necessary, to review task force operations and to provide direction, guidance, and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by majority vote, provided a Quorum of the committee is present and voting. A quorum is defined as a minimum of four voting members. ~ B. Task Force Coordinator The Task Force Coordinator's position will be staffed full time by a lieutenant provided by the California Highway Patrol. The Coordinator will be responsible for management resRonsibilities of the task force and will be directly accounfable to the Executive Committee for task force operations. Salaries and benefits will be paid by. the California Highway Patrol and will not be reimbursed from the task force fund. C. Supervisor The Task Force Supervisor's position will be staffed b~ a sergeant provided by the San Bernardino Police Department. This sergeant will be selected by the Task Force Coordinator with input from the Police Department and concurrence of the Executive Committee. The sergeant will supervise all subordinate members of the task force and provide necessary input for performance evaluations to the parent agency. Salary and benefits associated with this position Will be reimbursed from the task force fund to the parent agency. The reimbursement percentage will be determined by the Executive Committee. c'__ \ ~ 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 4 .,- D. Prosecution Staff The District Attorney's Office has established a vehicle theft prosecution team funded through money collected pursuant to CVC 9250.14. This team will work directly with the task force to p'rovide legal review and will file cases warranting a criminal complaint. All vel1icle theft task force cases will be vertically prosecuted. If warranted, federal prosecution will be pursued by the appropriate attorney's office. E. Investigators '-- The task force shall be staffed by qualified investigators recommended for assignment by ttie participating agencies. The task fqrce will be composed of personnel from the following agencies: o California Highway Patrol (CHP) - 1 Lieutenant, 2 Investigators o San Bernardino Police Department - 1 Sergeant, 2 Investigators San Bernardino County Sheriff's Department - 1 Investigator Rialto Police Department - 1 Investigator Fontana Police Department - 1 Investigator California Department of Motor Vehicles (DMV) - 1 Investigator National Insurance Crime Bureau (NICB) - 1 Investigator Department of Insurance - 1 Investigator o o o o o o '- 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. Personnel not meeting acceRtable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force and transferred back to his/her department. If the Task Force Coordinator has cause to replace a member, he/she shall discuss the issue with the p'arent agency. If the parent agency does not concur with the decision of the Task Force Coordinator to remove and replace the task force member, the 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 5 ~- '- issue shall be forwarded to the Executive Committee for final resolution. It is agreed, however, that the resolution of operational problems at the lowest level is in the best interest of the task force. Salaries and benefits associated with these investigators will be reimbursed from the task force fund to the participating agencies. The reimbursement percentage will be determined by the Executive Committee. Any participation by the CHP DOl, FBI, DMV and NICB in the task force will not be reimbursable through the task force funds. "-- F. Administrative Support Staff One Transcribing Typist II and one Fiscal Clerk II will be Rrovided by the Sheriff's Department and assigned to the task force. These positions will support field and staff operations, and will provide clerical liaison to the parent agencies. The salary for Fiscal Clerk II position will be fully reimbursea from the task force fund. The salary for the Transcriber Typist II will be fully reimbursed from the District Attorney's Office through money collected pursuant to CVC 9250.14. G. National Insurance Crime Bureau (NICB) Investigator One full time NICB Investigator will be assi~ned to the task force as a coordinator between the task force and NICB. All salary, benefits, overtime, per diem, and business expenses for this team member will be paid by NICB and not reimbursed by the task force fund. H. Department of Insurance One full time DOl Investigator will be assigned to the task force as an investigator. All salary, oenefits, overtime, per diem, business expenses, and vehicle expenses for this team member will be paid by DOl and not reimbursed by the task force fund. A vehicle will also be provided by DOl. ,- I. California Highway Patrol Two full time vehicle theft investigators will be provided by the California Highway Patrol. With lhe exception of travel, per diem and overtime expense, all salary and benefits for these team members will be paid by the CHP and will not be reimbursed from task force funds. J. California Department of Motor Vehicles One half-time DMV investigator will be provided by the California Department of Motor VehiCles. With the exception of travel, per diem '- 06/0 1/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 6 ,,-, and overtime expense, all salary and benefits for this position will be paid by the DMV and will not be reimbursed from task force funds. K. Participating Agency For the purposes of this memorandum of understanding, a "Participating Agency" is defined as any' law enforcement agency which has an employee assigned specifically to this task force, regardless of the status of reimbursement from allocated funds. IV. FISCAL PROCEDURE - A. Task Force Fund The task force fun~ established-pursuant to CVC Section 9250.14, will be administerea by the San Bernardino County Sheriff's Department. Re~uesfs for the expenditure of funds will require the approval of the Executive Committee based on a simple majority vote of approval. The Task Force Coordinator will be authorized to expend an amount approved by the Executive Committee for the operational needs of the task force. Any operational needs of the task force exceeqing this amount will require prior approval of the Executive Committee. An amount not to exceed twenty percent (20%) of each quarterly payment received from the State Controllers Office, shall be set aSide by the task force accountant to pay for operating expenses. Such operating expenses shall.be itemized and be part ofthe fiscal budget which nas been approved by a majority. of the Executive Committee. Any funds not expended shan be kept in reserve in the event future operating expenses exceed anticipated revenues. B. Salaries and Benefits The Task Force Coordinator, personnel from the National Insurance Crime Bureau, Department of Insurance, the California Highway Patrol, and the California Department of Motor Vehicles wTII 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 De determined by the Executive Committee. Approved overtime, per diem and business related expenses will be fully reimbursed for all task force personnel (excluding Department of Insurance investigator) by the task force fund. Those personnel assigned to the tasR force on a reimbursable basis will be paid through the payroll section of their parent agency. Reimbursement will then be provided to the parent agenQY by the task force fund. It shall be the responsibility of the Task Force ',- 06101102 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 7 "- 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' appropnate time keeper, with a copy submitted to ttie San Bernardino County Sheriffs 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. C. Participant Claims for Reimbursement Participating agencies shall request reimbursement for task force members' regular salariesl_ benefits, overtime) business expenses and per diem from the tasK force fund and wil be reimbursed after DMV fees for that quarter have been deposited. Reimbursement will only be made based on actual hours of program participation. Reimbursement claims by task force members for reimbursable travel, per diem, lodging, materials, or services shall be approved by the Task Force Coordinator and submitted on an approved claim form to the members' parent agency. Requests for reimbursement from -the parent C!Qency shall be suomitted to the San Bernardino County Sheriffs Department no later than the 15th day of the month following the end ofthe q~arter the participant worked. It will be the responsibility of the task force accountant to develop a format for claiming expenses with appropriate back-up detail information and to provide a sample of the document to the parent agency. This document will then be used by each participating agency for claiming any expenses incurred as a result of participation in the task force. payr:nent of the claim will be processed witliin 30 days of receipt of InVOice. '- In the unlikely event that revenues fall short of what is required for reimbursement, reimbursement shall be made on a prorate share basis. In no event will general revenues of the County be used to offset any such shortage. "- D. Right to Audit . Each party to this Agreement shall make available to the County of San Bernardino, at all reasonable times, its payroll and other records relating to this agreement. The County or independent auditor may audit such recorBs and if the County determines that ineligible costs have been reimbursed the agency shall immediately regay the amount determined to be ineligible. If not repaid within 30 days, the County may hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of the 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 8 '- required records for a period of three years after the date the expense is reimbursed. Task Force funds shall be audited at the direction of the Executive Committee. This audit will normally be conducted by a private firm. The cost of the audit will be paid from the task force fund. E. Overtime The Executive committee will approve a "not to exceed" monthly allocation of overtime to be utilized by the task force as necessary. Monthly amounts exceeding this allocation will require the submission of written justification by the Task Force Coordinator for approval to the Executive Committee. ~. F. Indirect Costs The County of San Bernardino, through the Sheriffs Department, receives and is the Financial AdminisTrator for all source funds for the San Bernardino County Auto Theft Task Force. As such a significant amount of management time will be required for the administration of the funds. Costs associated with the administration of these funds will be reimbursed to the San Bernardino County Sheriffs Department. Requests for reimbursement of admini~trative costs will be subject to approval by the Executive Committee. G. Confidential Fund A Confidential Fund shall be established for use by the San Bernardino County Auto Theft Task Force. These funds shall only be used as necessary in the performance of duties relating to task force activities. Such usage will be limited to special and exfraordinary expenses incurred curing the investigation of vehicle thefts. Authorization to use these funds willee determined by the Task Force Coordinator and will conform to standards and policies established for the San Bernardino Sheriffs Department. The Confidential Fund will be funded from task force revenues and will normally not exceed a balance of $5,000. Any increase in the Confidential Fund balance will be approved by the Executive Committee. v. LIABILITY \..... Each Qarticipating agency in the San Bernardino County Auto Theft Task Force shalll1ave fun financial responsibility for their respective 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 9 '- investigators while assigned to the task force, including industrial injury Claims, vehicle accidents, and third party claims lor monetary damages arising from vehicle accidents and other alleged torts. Additionally, the agency shall also be responsible for any and all workers' compensation claims of their respective investigator if he/she should become injured in the course and scope of his/her duties while assigned to the task force. San Bernardino County, its officers. agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of its officers or employees; and participating agencies shall hold the County, its officers and employees harmless from any and all claims ana damages resulting therefrom. Participating agencies and the County shall Fiold each other harmless from the liaoilify for negligent 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 liability imposed on the agreeing parties due to the negligent acts or omissions of anotfler party's assigned employee(s). VI. OPERATION LOCATION --- Appropriate space will be provided to house task force members and related equipment by the San Bernardino Police Department at no cost to the task force. The task force main office will be located at 767 North E Street San Bernardino Ca. 92401. At a future date to be determined by the Executive Committee, a satellite office may be established in the high desert. '- VII. EQUIPMENT The Task Force Coordinator will be accountable for equipment assigned to the task force and will utilize approved San Bernardino County procedures for procuring, accounting and safeguarding fixed assets. A. Vehicles The National Insurance Crime Bureau (NICB) has agreed to provide vehicles at no cost for use by task force investigators. In the event the task force is unable to provide a vehicle to the assigned member through ,task force resources, participating agencies agree to provide this equipment. Maintenance and fuel costs of vehicles assigned to the task force will be paid by the task force fund. Fuel and maintenance costs provided 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 10 '- QY participating agencies will be reimbursed by the task force fund. Certification offuel amounts and costs will be required. These reimbursements will be paid from invoices submitted to the Sheriffs Department. Such claims will be approved for payment by the Task Force Coordinator. '- B. Communications Equipment Hand-held radios and pagers will be purchased in cooperation with the Sheriff's Automotive Section and paid for by the task force fund. The Coordinator, supervisor, and each investigator will be provided with a radio, cellular telephone, and pager. Procedures wilf be developed to ensure proper use and accountability of this equipment. C. Other Equipment Other equipment including in-house covert equipment, office equipment, computers, hand tools, cameras, video cameras, and the likej will be purchased or leased with monies from the task force fund ana provided for use by task force investigators. Situations requiring air support, unique vehicles, or other unique items will require cooperative scheduling and assistance from the member departments. D. Disbursement of Task Force Assets At the conclusion of the funding authorized by CVC 9250.14, all fixed assets of this task force will be distributed to the participating agencies by the Executive Committee. As required by law, any unused funds will be returned to the State Controllers office. VIII. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential. This will require that investigators Rossess undercover California driver's licenses and other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agency. Investigators will be expected to bring covert documents witfl them at time of assignment. '- 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 11 \..... IX. ASSET FORFEITURE SHARING Task force operations which result in the potential for either State or Federal asset seizures shall be brought to the attention of the Task Force Coordinator for a decision as to whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Allocation of any forfeited funds will be determined by the Executive Committee. X. STANDARD OPERATING PROCEDURES ',,- All task force members shall abide by the Standard Operating Procedures Manual (SOP) which shall be preQared by the Task Force Coordinator with the assistance of the Task Force Supervisor. The completed SOP will be subject to the review and approval of the Executive Committee. The SOP shall specify policies and proc~9ures for task force operations and shall include the following specific Items: A. In any case where the policies or procedures of the task force conflict with those of the member's parent agency, the member shall abide by the policies of his or her own agency. Conflicts not resolved by the supervisor will be referrecfto Hie Task Force Coordinator for resolution. "- The investigation of officer involved shootings shall be conducted by the law enforcement agency flaving jurisdiction over the area of occurrence. Vehicle accidents wifl also be handled by the agency having jurisdiction at the location at which the accident occurs. Nothing precludes further investigation or concurrent investigation by the officer's parent agency. Additionally, the Task Force Coordinator will ensure tliat the parent agency of the involved officer has been notified. Injured personnel will be taken to the most immediate and competent medical facilities available. The officer's parent agency will be immediately notified of any injury to tlieir personnel. C. Task force member evaluations and investigations of citizens' complaints or internal investigations shall be handled jointly between the assigned Task Force Supervisor and the parent agency when tasK force assignment is an issue. Disciplinary actions against investigators will be approved solely by the parent agenQY. Internal discipline problems will be adaressed by the Task Force Supervisor and documented when necessary. Continued failure to abide by task force policies and procedures may result in the removal of an investigator B. 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 12 ~ D. from the task force. Requests for removal will be made upon the recommendation of the Task Force Coordinator with concurrence of the Executive Committee. Parent aQencies will provide the name, rank, and telephone number of a 'liaison supervisor" that will assist the Task Force Coordinator and Supervisor with inquiries of mutual concern. The release of media information regardingJask force Qperations will be coordinated through theiask Force Coordinator. The Task Force Coordinator will apprise the Chairman of the Executive Committee of all incidents which may result in significant media interest. The Executive Committee will aetermine what course of action will be taken in releasing significant event information. XI. REPORTING '-- A. The Task Force Coordinator will be responsible for implementing a reporting system which tracks team activities, statistics, ana accompliShments of task force operations. This reporting system will serve as the basis for quarterly reports to the Executive Committee as well as to ensure an accountability of personnel and equipment resources. B. The Task Force Coordinator will submit an operational report to the Executive Committee on a quarterly basis within 20 days following the end of each calendar quarter. C. An annual report will be provided to the County Board of Supervisors, with copies to each participating agency. XII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of the MOU, in writing only, by way of the voting procedure established in Section III.A. above for the conduct of committee business. XIII. TERM OF AGREEMENT - This agreement shall commence on January 1, 1996 and, pursuant to cve 9250.14, shall remain in effect until the termination of task force funding on January 1, 2000, unless a later enacted statute deletes or extends that date. Participating agencies may elect to terminate the agreement prior to its designated termination date. Any agency desiring to terminate its participation in this agreement L 06/01/02 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 13 '- shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to taKe effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. On August 25, 1999 Governor Gray Davis signed Assembly Bill 183 into law. This bill extended the sunset clause found in vehicle code section 9250.14, thereby, providing funding for county vehicle theft task forces to remain In effect through January 1, 2005. (Revised 9/01) XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on betialf 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. Frank Scialdone, Chief of Police-, City of Fontana Date "- John Fogerty, Chief, California Highway Patrol Date Date Gary Penrod, Sheriff, County of San Bernardino Michael Meyers, Chief of Police, City of Rialto Date Garrett Zimmon, Chief of Police, City of San Bernardino Date \ "- 06/01102 "- '- '- San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 14 Date Gary Kiesewetter, Inland Area Commander California Department of Motor Vehicles Date Michael Ingram, Chief Investigator Department of Insurance 06/01102 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July I, 2002 TO: Garrett Zimmon, Chief of Police FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-172 At the Mayor and Common Council meeting of June 17, 2002, the City of San Bernardino adopted Resolution 2002-172 - Resolution authorizing the execution of an amendment to the Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATT). Attached is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Once all signatures have been obtained, you will be provided with an executed copy. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by October 15, 2002. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: Date: Please sign and return CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 7,2002 TO: Garrett Zimmon, Chief of Police FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-172 -Amendment to MOD with SANCATT Our office has not received the executed amendment to the Memorandum of Understanding with the San Bernardino County Auto Theft Task Force (SANCATT), which was approved at the Mayor and Common Council meeting held on June 17,2002. Please forward the executed amendment to the City Clerk's Office, to my attention. Note: The resolution and agreement will be null and void if not executed and returned to the City Clerk's Office by October 15,2002. If you have any questions, please do not hesitate to call me at ext. 3206. , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): (0 -, 7 - D? Item # ~ 0 Resolution # Vote: Ayes 1- L./) & +-7 Nays ~ Abstain...G- Change to motion to amend original documents: cJ DO,;}. - / '7;J- Absent 6 Reso. # On Attachments: --= Contract term: Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NulINoidAfter: /:J.{)do~; /O..If}-O:;;- By: - Date Sent to Mayor: 1JJ - I '6 - [)? Date of Mayor's Signature: & -:J.() - 0:>- Date of ClerklCDC Signature: (,,'..).1 - 0 d- Reso. Log Updated: Seal Impressed: I ,./ Date MemolLetter Sent for Signature: ~y Reminder Letter Sel)t,.o<r3lith day: 90 Day Reminder Letter Sent on 451h day: 1)-1-0/ lo-To'.)-- See Attached: / Date Returned: I tr-I /-6..:L See Attached: 0/ See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No By_ Yes N"I By_ Yes No By_ Yes No By_ Yes No By_ Copies Dislribnl/,o: City Attorney Parks & Rec. Code comJiance Dev. Services _ EDA Finance Police Public Services Water Others: MIS Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Conlract Term. elc.) Ready to File: 1l'l:L- Date: lOrd-OJ Revised 01/12/01