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CITY OF SAN BER~ ..RDINO - REQUEST L ~R COUNCIL ACTION
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From:
DANIEL A. ROBBINS
CHIEF OF POLICE
POLICE
Subject:
Extension of Memorandum of
Understanding with the Inland
Empire Clandestine Laboratory
Task Force
Dept:
Da~: April 8, 1992
Synopsis of Previous Council action:
1. Resolution #88-484, passed December 18, 1988, authorizing the
entering into agreement with State, local and Federal agencies
to form and participate in the "Inland Empire Clandestine
Laboratory Task Force."
2. Resolution #90-263, passed July 2, 1990, extending the authori-
zation of an agreement with State, local and Federal agencies
to participate in the "Inland Clandestine Laboratory Task
Force."
Recommended motion:
Adopt resolution
Contact person: n~ n ; p 1 'A 'Rn hh; n ~, r'h; p f n f Pn 1 ; ("'" p Phone:
~R4-t:)h()7
Supporting data attached:
Yes
Ward:
*57 .474 (overtime) Asset Seizure Revenue Fund
(#108-000-41927)
\J)\\ \)S~
Sou rce: 0 0 1- 2 15 - 5 2 0 2 0
. Genrfal\F~n~sa~aries
Fanance: l ~ f.-) ......
~ X J S'~I'" \./ .t ~ '" " ~
FUNDING REQUIREMENTS:
Amount: $65,148.00
Council Notes:
Agenda Item No.
25
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CITY OF SAN BER~ lRDINO - REQUEST . ~R COUNCIL ACTION
STAFF REPORT
In December, 1988, the police department entered into an agreement
with other local, state and Federal law enforcement agencies to
form and participate in a task force dedicated to the investigation
of illicit drug laboratories in San Bernardino and Riverside
Counties. The "Inland Empire Clandestine Laboratory Task Force"
was created and an officer from the San Bernrdino Police Department
was assigned. In July, 1990, authorization to extend the agreement
was granted and the participation of the police department
continued.
During the period of participation in the task force, by the police
department, several hundred illicit methamphetamine laboratories
have been seized in the two county area and hundreds of suspects
have been arrested and prosecuted for the possession, distribution
and manufacturing of drugs. Besides the hundreds of pounds of
methamphetamine powder seized, hundreds of gallons of chemicals
needed to manufacture the drug have been seized. The pressure
brought to bear against drug manufacturers in this area by the task
force investigation has done much to alleviate the amount of
methamphetamine available on the streets. The participation of the
San Bernardino Police Department in this task force also provides
the City with a readily available team to investigate and process
drug labs. The cost of the expensive hazardous chemical clean up
caused by these labs is born by the State and Federal agencies
participating in the task force. The savings to the City of San
Bernardino during the participation in this task force is well over
$100,000 in clean up costs.
The agencies participating in the Inland Empire Clandestine Lab
Task Force include: California Bureau of Narcotic Enforcement,
united States Drug Enforcement Administration, California Highway
Patrol, Riverside County Sheriff's Department, Riverside Police
Department, San Bernardino County Sheriff's Department, San
Bernardino Police Department and the ontario Police Department.
The salary of the officer assigned to the task force will be paid
from the regular budgeted position in the Vice/Narcotics Detail.
Equipment costs, such as a vehicle, fuel and garage charges will be
financed from the Asset Forfeiture Fund (#108-000-41927). Overtime
costs, estimated each year at $7,474.00, which will also be paid
from the Asset Forfeiture Fund.
The original MOU covered the period from December 1, 1988 to May
31, 1990 (18 months). The MOU was extended to cover the period from
June 1, 1990 to December 31, 1991 (18 months). This extension will
cover the period from January 1, 1992 to June 30, 1993 (18 months) ·
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY
AND CITY PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A
CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND
PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL MANUFACTURING
OF CONTROLLED SUBSTANCES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The 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 Bureau of Narcotic Enforcement, United States
Drug Enforcement Administration, California Highway
Patrol, Riverside County Sheriff's Department, San
Bernardino County Sheriff's Department, Riverside Police
Department, Ontario Police Department and the San
Bernardino Police Department to continue participation in
a Clandestine Laboratory Task Force to investigate and
prosecute criminal cases involving illegal manufacturing
of controlled substances. A copy of said agreement as
amended is attached hereto marked Exhibit "A" and
incorporated herein by reference as though fully set
forth at length.
SECTION 2.
The authorization to execute the
above referenced agreement is rescinded if the parties to
the agreement fail to execute it within one hundred
twenty (120) days of the passage of this resolution.
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RESOLUTION ... AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH FEDERAL, STATE, COUNTY AND CITY PUBLIC ENTITIES TO
CONTINUE PARTICIPATION IN A CLANDESTINE LABORATORY TASK
FORCE ... MANUFACTURING OF CONTROLLED SUBSTANCES.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
meeting thereof, held
on the
day of
, 1992, by the following
vote, to wit:
Council Members
ABSTAIN
ABSENI'
NAYS
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES E. PENMAN
City Attorney
BY: i~ 7-. f~
V
A .
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EXHIBIT A
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AGREEMENT AMONG
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
CALIFORNIA HIGHWAY PATROL
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
RIVERSIDE POLICE DEPARTMENT
SAN BERNARDINO POLICE DEPARTMENT
FOR THE FORMATION OF A
CLANDESTINE LABORATORY TASK FORCE
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THIS AGREEMENT IS MADE AND ENTERED INTO BY AND AMONG THE
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER "BNE"), THE
DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL
(HEREINAFTER "CHP"), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
(HEREINAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER
"RPD"), THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER
SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD).
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WHEREAS, THERE IS OVERWHELMING EVIDENCE THAT ILLICIT
MANUFACTURING OF CONTROLLED SUBSTANCES EXISTS IN THE TWO-COUNTY
GEOGRAPHICAL AREA OF RESPONSIBILITY, AND THAT SUCH ILLEGAL ACTIVITY
HAS A SUBSTANTIAL AND DETRIMENTAL EFFECT ON THE HEALTH AND GENERAL
WELFARE OF THE CITIZENS WITHIN THIS AREA.
WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEING, FOR THEIR
MUTUAL BENEFIT, TO PROVIDE FOR THE FORMATION OF A DRUG ENFORCEMENT
TASK FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK
FORCE (HEREI.AFTER "TASK FORCE"), LOCATED IN THE CITY OF RIVERSIDE,
WITHIN THE STATE OF CALIFORNIA, FOR THE PURPOSE OF A CONCERTED
EFFORT IN THE INVESTIGATION AND PROSECUTION OF CASES BEFORE THE
COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA,
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INVOLVING ILLICIT LABORATORIES. SAID INVESTIGATION ACTIVITY WILL
TARGET THOSE MANUFACTURING AND TRAFFICKING ORGANIZATIONS OPERATING
IN OR AFFECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OF THE TASK
FORCE ARE TO REDUCE THE SUPPLY OF, AND DEMAND FOR, PRECURSOR
CHEMICALS, LABORATORY EQUIPMENT, AND ILLICIT MANUFACTURERS OF
ILLEGAL DRUGS BY INCREASING THE RISKS INVOLVED IN THE POSSESSION,
MANUFACTURE. TRANSPORTATION, OR SALE OF CONTROLLED SUBSTANCES; TO
IMPROVE THE OPERATIONAL INTER-RELATIONSHIPS OF ALL PARTICIPATING
FEDERAL, STATE, MUNICIPAL, AND COUNTY AGENCIES; TO EFFECTIVELY
ACCUMULATE, ASSIMILATE, AND DISSEMINATE ILLICIT DRUG LABORATORY
INTELLIGENCE AND RELATED CRIMINAL INFORMATION TO APPROPRIATE LAV
ENFORCEMENT AGENCIES IN THE GEOGRAPHICAL AREA; AND
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WHEREAS, THE BNE CLANDESTINE LABORATORY PROGRAM IS A PROVEN
METHOD OF DETECTING AND COMBATING THE PROBLEM OF ILLICIT
MANUFACTURING; AND
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROHISE,
CONVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES DO
HEREBY AGREE AS FOLLOWS:
1. THE BNE, DEA, RSD, RPD, SBSD, SBPD, AND CHP WILL, WITH
THEIR OWN LAW ENFORCEMENT PERSONNEL AND EMPLOYEES AS
HEREINAFTER SPECIFIED, PERFORM THE ACTIVITIES AND DUTIES
AS DESCRIBED BELOW:
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A. GATHER AND REPORT INTELLIGENCE DATA RELATING TO
CLANDESTINE LABORATORY OPERATORS;
B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE
CLANDESTINE LABORATORY OPERATORS;
C. CONDUCT ENFORCEKENT OPERATIONS. COVERT AND OVERT. AND
ENGAGE IN SUCH OTHER TRADITIONAL KETHODS OF
INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE
CLANDESTINE LABORATORY TASK FORCE RESULT IN EFFECTIVE
PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR
THE COURTS OF THE STATE OF CALIFORNIAj
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D. COOPERATE TO PROVIDE LOCAL LAW ENFORCEKENT AND
PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING
NECESSARY TO ACCOKPLISH THE OBJECTIVES OF THE TASK
FORCE.
2. AN EXECUTIVE BOARD. CHAIRED BY THE SPECIAL AGENT IN CHARGE
OF THE RIVERSIDE BNE OFFICE AND BOARD KEKBERS WILL INCLUDE
THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND
HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES
HAVING FULL-TIKE PERSONNEL ASSIGNED. BOARD MEKBERS SHALL
HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE.
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A. THE EXECUTIVE BOARD SHALL MEET QUARTERLY FOR THE
PURPOSE OF REVIEWING REPORTS RELATIVE TO THE
PROGRESS, FUNCTIONS, AND SPECIAL DUTIES OF THE TASK
FORCE, AND TO EVALUATE ITS EFFECTIVENESS.
B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTE.
C. FINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK
FORCE SHALL REST WITH THE AGENCY PROVIDING THAT
RESOURCE.
D.
ALL DEA AGENTS AND ALLIED AGENCY PERSONNEL ASSIGNED
TO THE TASK FORCE SHALL ADHERE TO ALL BRE POLICIES
AND PROCEDURES. FAILURE TO DO SO SHALL BE GROUNDS
FOR DISMISSAL FROM THE TASK FORCE. UNLESS EXPRESSLY
PROVIDED FOR THEREIN, THE POLICY, RULES, PROCEDURES,
AND REGULATIONS OF THE PARENT AGENCY SHALL APPLY.
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E. AT NO TIME SHALL DUTIES PERFORMED BY TASK FORCE
AGENTS IN THE INVESTIGATION OF CLANDESTINE LABS
CONFLICT WITH THE BNE AND BUREAU OF FORENSIC SERVICE
(BFS) CLANDESTINE LABORATORY MANUAL OF INSTRUCTION
AND PROCEDURE.
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F. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE
BOARD YILL RESOLVE ANY CONFLICTS THAT MAY ARISE
BETWEEN BNE AND DEA LABORATORY MANUALS.
3.
THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TASK FORCE
YILL BE A FULL-TIME COMMITMENT FOR A PERIOD OF EIGHTEEN
(18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL
AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BME
AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO
SUPPORT OPERATIONAL GOALS OF THIS AGREEMENT. BNE WILL
COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR
OM AN AS HEEDED BASIS. BHE WILL BE RESPONSIBLE FOR THE
SALARIES AND OVERTIME OF THE BNE PERSONNEL ASSIGNED.
FEDERAL FUNDING MAY BE AVAILABLE ON A CASE-BY-CASE BASIS
FOR PAYMENT OF OV!RTIME AND PER DIEM OF ALLIED AGENCY
PERSONNEL WHEN THE ORGANIZED CRIME DRUG ENFORCEMENT TASK
FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AN OCEDTF
AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE
RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO
SUPPORT THE TASK FORCE WITH RESOURCES OM HAND, AND TO
CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON
AM ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE
OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DESKS, CHAIRS,
PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT.
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4. BNE AND DEA AGREE TO UTILIZE THEIR RESPECTIVE FUNDS IN
SUPPORT OF THE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS
ASSIGNED TO THE TASK FORCE TO INCLUDE FUNDS FOR THE
PURCHASE OF EVIDENCE AND INFORMATION, INVESTIGATIVE
EQUIPMENT, TRAINING AND OTHER SUPPORT ITEMS. DEA WILL
PROVIDE A FULLY EQUIPPED CLAN LAB TRUCK.
5.
PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS
OUTLINED), A VEHICLE SUITABLE FOR UNDERCOVER OPERATION AND
ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTHER,
PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANNUAL BASIS,
THE COSTS ASSOCIATED WITH MEDICAL MONITORING REQUIRED BY
BNE.
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6. IT IS THE RESPONSIBILITY OF EACH PARTICIPATING AGENCY TO
ENSURE THAT THEIR OFFICER, DEPUTY OR AGENT POSSESSES A
VALID AND CURRENT CALIFORNIA DRIVERS LICENSE, FIRST AID
CARD AND CPR CARD. EACH PARTICIPANT MUST ALSO BE
PROFICIENT AND MAINTAIN THAT PROFICIENCY IN FIREARMS
QUALIFICATION AS REQUIRED BY THE CALIFORNIA PEACE OFFICER
STANDARDS AND TRAINING COMMISSION OR THEIR PARENT AGENCY.
7. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THOSE
PERSONNEL ASSIGNED ARE AS FOLLOWS:
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DNE SPECIAL AGENT SUPERVISOR
A BNE SPECIAL AGENT SUPERVISOR HAVING EXPERIENCE AND
EXPERTISE IN CLANDESTINE LABORATORY INVESTIGATIONS IS
RESPONSIBLE FOR OVERALL ADMINISTRATION AND
SUPERVISION OF THE INLAND EMPIRE CLANDESTINE
LABORATORY TASK FORCE. THE SPECIAL AGENT SUPERVISOR
WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF
THOSE AGENTS. DEPUTIES AND OFFICERS ASSIGNED. PROVIDE
DIRECTIOR. GUIDANCE. ARD TRAINING IN THE CONDUCTING
OF ILLICIT LABORATORY INVESTIGATIONS. PREPARATION OF
BNE INVESTIGATIVE REPORTS AND FURTHER PREPARATION OF
THOSE INVESTIGATIONS FOR SUCCESSFUL PROSECUTION,
FEDERAL OR STATE.
B. FOUR (4) BNE SPECIAL AGERTS, ONE (1) DEA SPECIAL
AGERT. ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE
(1) RPD OFFICER, (1) SBSD DEPUTY, (1) SBPD OFFICER.
SWORN SPECIAL AGENTS. DEPUTIES AND OFFICERS ASSIGNED
ON A FULL-TIME BASIS TO PERFORM THOSE INVESTIGATIVE
DUTIES NECESSARY. IR ACCORDANCE WITH APPLICABLE
AGENCY DIRECTIVES. TO ACCOMPLISH THOSE ENFORCEMENT
GOALS OF THIS INLARD EMPIRE CLANDESTINE LABORATORY-
TASK FORCE. PARTICIPATION IN INVESTIGATIONS OTHER
THAN ILLICIT LABORATORY INVESTIGATIONS BY BNE
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PERSONNEL WILL REQUIRE THE APPROVAL OF THE BNE SAC.
PARTICIPATION BY OTHER TASK FORCE MEMBERS ON
INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY
CASES WILL REQUIRE APPROVAL FROM THEIR MEMBER AGENCY.
C. SUPPORT PERSONNEL (PART-TIME, AS-NEEDED BASIS): ONE
(1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR,
AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON
A PART-TIME, CASE-BY-CASE BASIS, THE GOALS OF THIS
TASK FORCE IN THE AREAS OF THEIR INDIVIDUAL EXPERTISE.
D. SECRETARIAL SUPPORT
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BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO
ACCOMPLISH THE GOALS OF THIS INLAND EMPIRE
CLANDESTINE LABORATORY TASK FORCE.
8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, FURNITURE,
FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR
ACQUIRED WITH BNE FUNDS SHALL BE THE PROPERTY OF BNE AND,
AT THE TERMINATION OF THIS AGREEMENT AND VITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST FIELD
OFFICE OF BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED
PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY,
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EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER
KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED
AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY
AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST
OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS
DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH
NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED
BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE
DETERMINATION OF THE EXECUTIVE BOARD.
9.
THE TASK FORCE SHALL MAINTAIN, ON A CURRENT BASIS,
COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND
ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS
UNDER THIS AGREEMXNT IN ACCORDANCE WITH GENERALLY
ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE
INSPECTION AND AUDITING OF SUCH RECORDS AND ACCOUNTS.
INVESTIGATIVE REPORTING WILL BE ACCOMPLISHED USING BNE
FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE
DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE
BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL
PARTICIPANTS IN THE TASK FORCE RECEIVE SUFFICIENT TRAINING
TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES.
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10. BNE SHALL PERMIT AND HAVE READILY AVAILABLE FOR
EXAHINATION AND AUDITING BY DEA OR THE UNITED STATES
DEPARTHENT OF JUSTICE, THE CONTROLLER GENERAL OF THE
UNITED STATES. OR ANY OF THEIR DULY AUTHORIZED AGENTS AND
REPRESENTATIVES. ANY AND ALL RECORDS. DOCUMENTS, ACCOUNTS,
INVOICES. RECEIPTS AND EXPENDITURES RELATING TO DEA FUNDS
PURSUANT TO THIS AGREEHENT. IN ADDITION, BNE WILL
HAINTAIN ALL SUCH FOREGOING REPORTS AND RECORDS UNTIL ALL
AUDITS AND EXAHINATIONS ARE COHPLETED AND RESOLVED, OR FOR
A PERIOD OF THREE (3) YEARS AFTER TERMINATION OF THIS
AGREEMENT, WHICHEVER IS SOONER.
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11. ALL PARTICIPATING AGENCIES WILL COHPLY VITH TITLE VI OF
THE CIVIL RIGHTS ACT OF 1954, AND ALL REQUIREMENTS IMPOSED
BY OR PURSUANT TO THE REGULATIONS OF THE DEPARTMENT OF
JUSTICE (CFR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT
TO TITLE VI. RELATING TO DISCRIMINATION ON THE GROUNDS 0&
RACE, COLOR, CREED, SEX, AGE, SEXUAL PREFERENCE, OR
NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES.
12. THE TERH OF THIS AGREEMENT SHALL BE FROM THE DATE OF
EXECUTION, BY BNE, TO EIGHTEEN (18) MONTHS THEREAFTER.
PARTICIPATION IN THE TASK FORCE HAY BE TERMINATED BY ANY
PARTICIPATING AGENCY FOR GOOD CAUSE SHOWN BY NOTICE IN
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WRITING GIVEN TO THE OTHER PARTIES THIRTY (30) DAYS PRIOR
THEREOF. ALL OBLIGATIONS THAT ARE OUTSTANDING ON THE
ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OF ANY
THIRTY (30) DAY NOTICE OF TERMINATION SHALL BE LIQUIDATED
BY BNE WITHIN NINETY (90) DAYS THEREOF. IN NO EVENT SHALL
BRE INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OF NOTICE
OF TERMINATIOll.
13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT
RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE
DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE
FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS
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REQUIRED BY STATUTE TO INCLUDE ADMINISTRATIVE COSTS WHEN A
FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE
PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED.
BNE 25%
DEA 12.5%
RSD 12.5%
RPD 12.5%
& 12.5%
SPD
A
SBSD 12.5%
CHP 12.5%
TOTAL 100%
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THE ABOVE SCHEDULE WILL BECOME EFFECTIVE ONLY AFTER THE
PROCEEDS OF THE FIRST $25,225 IN SEIZED ASSETS HAVE BEEN
RECEIVED AND DISTRIBUTED AS FOLLOWS:
RSO 25% $ 6,306
SBSD 25% $ 6,306
RPD 25% $ 6,306
SBPD 25% $ 6,306
100% $25,225
THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON
THE RECEIPT OF ATTAINMENT OF THE $25,225 FIGURE, AT WHICH
TIME THE FORMER SCHEDULE TAKES PRECEDENCE.
14. FOR THE PURPOSE OF INDEMNIFICATION, EACH PARTICIPATING
,r-. AGENCY IN THE TASK FORCE SHALL BE RESPONSIBLE FOR THE ACTS
OF ITS PARTICIPATING OFFICER(S) AND SHALL INCUR ANY
LIABILITIES ARISING OUT OF SERVICES AND ACTIVITIES OF
THOSE OFFICERS, WHILE PARTICIPATING IN THE TEAM IN THE
LINE OF DUTY. PERSONNEL ASSIGNED TO THE TASK FORCE SHALL
BE DEEMED TO BE CONTINUING UNDER THE EMPLOYMENT OF THEIR
JURISDICTION AND SHALL HAVE THE SAME POVERS, DUTIES,
PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE
CONFERRED UPON HIM/HER AS AN OFFICER IN THEIR OWN
JURISDICTION.
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ADDENDUM 01/01/92
15. THE TERM OF THIS AGREEMENT SHALL BE FROM JANUARY 1, 1992 TO
JUNE 30, 1993, (EIGHTEEN (18) MONTHS). THIS AGREEMENT MAY BE
TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY
NOTICE IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30)
DAYS IN ADVANCE.
THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED
THIS MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S)
INDICATED BELOW.
Daniel A. Robbins, Chief of Police
City of San Bernardino
Date
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ADDENDUM TO MEMORANDUM OF UNDERSTANDING
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ASSET FORFEITURE PROVISION
INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE
THIS ADDENDUM, AT THE REQUEST OF THE DRUG ENFORCmmNT ADMINISTRATION, REVISES
THE FORMULA FOR THE DISTRIBUTION OF SEIZED ASSETS.
EFFECTIVE APRIL 1, 1991, THE DRUG ENFORCEMENT ADMINISTRATION WILL NO LONGER.
SHARE ON A PERCENTAGE BASIS IN ANY ASSETS DISTRIBUTED TO MEMBER AGENCIES, EXCEPT
AS FOLLOWS.
1. IF THE DRUG ENFORCEMENT ADMINISTRATION SIlAR.E (BASED ON 11.3% OF
TOTAL ASSETS SEIZED) EQUALS OR EXCEEDS THE SUM OF $10,000.00.
2. 'WIlEN A FEDERAL FORFEITURE IS INITIATED, THE FINAL DISTRIBUTION WILL
BE ESTABLISHED BY THE FEDERAL GOVERNMENT UNDER EXISTING POLICY, WITH
NO HINIHUK AMOUNTS CONSIDERED.
ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN OF
FUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE
FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE TO
INCLUDE ADMINISTRATIVE COSTS AND PAYMENT TO A NON-TASK FORCE PARTICIPATING
AGENCY, IF APPLICABLE.
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BNE 20%
OPD 13.33%
RSD 13.33%
UD 13.33%
SBPD 13.33%
SBSD 13.33%
CHP 13.33%
DEA 0.0% (EXCEPT AS STATED ABOVE).
TOTALs 100% *ACTUAL 99.98%; (FIGURES TO BE ROUNDED OFF TO NEAREST
DOLLAR) .
;--3/-71
DAT~
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fr JOHN H. Z TEll, S EC AGENT III CHARGE
U.S. DRUG ORCF.HENT ADMINISTRATION
LOS ANGELES FIELD DIVISION
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ADDENDUM TO MEMORANDUM OF UNDERSTANDING
INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE
ADDENDUM TO THE AGREEMENT MADE AND ENTERED INTO BY AND AMONGST THE BUREAU
OF NARCOTIC ENFORCEMENT (HEREINAFTER BNE), THE DRUG ENFORCEMENT ADMINISTRATION
OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER DEA), THE CALIFORNIA
HIGHWAY PATROL (HEREINAFTER CHP), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
(HEREINAFTER RSD) , THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER RPD) , THE SAN
BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN
BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD) , WHEREAS THE PARTIES HERETO HAVE
AGREED FOR THEIR MUTUAL BENEFIT AND HAVE ESTABLISHED A DRUG ENFORCEMENT TASK
FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER
TASK FORCE), LOCATED IN THE CITY OF RIVERSIDE, CALIFORNIA, FOR THE PURPOSE OF
INVESTIGATING AND PROSECUTING CASES BEFORE THE COURTS OF THE UNITED STATES AND
THE COURTS OF CALIFORNIA.
WHEREAS, THE ONTARIO POLICE DEPARTMENT (HEREINAFTER OPD) HAS EXPRESSED A
DESIRE TO ENTER INTO AN AGREEMENT WITH THE TASK FORCE BY CO~~ITTING A FULL-TIME
INVESTIGATOR TO THE TASK FORCE FOR THE PURPOSE OF COMBATING THE PROBLEM OF
ILLICIT CLANDESTINE LABORATORIES:
WHEREAS, ALL MEMBERS OF THE TASK FORCE, THROUGH THEIR DESIGNATED
REPRESENTATIVES, HAVE BEEN CONTACTED AND, WHO ARE ALL IN AGREEMENT, THE
INCLUSION OF THE OPD TO THE TASK FORCE WOULD BENEFIT THE PURPOSE OF THE TASK
FORCE, WHICH IS TO COMBAT ILLICIT CLANDESTINE LABORATORIES; AND
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE, COVENANTS AND
AGREEMENTS HEREINAFTER SET FORTH, THE OPD DOES HEREBY AGREE AS FOLLOWS:
ADDENDUM PAGE TWO
1. THE OPD WILL ABIDE BY THE AGREEMENTS, MUTUAL PROMISES AND
COVENANTS ORIGINALLY ENTERED INTO BY THE BNE, DEA, SBSD, SBPD,
RSD, RPD AND THE CHP AS OUTLINED BY THE MEMORANDUM OF
UNDERSTANDING WHICH WAS SIGNED BY THE EXECUTIVE BOARD MEMBERS
IN DECEMBER, 1988.
2. AS A MEMBER OF THE TASK FORCE, THE OPD, THROUGH A DESIGNATED
REPRESENTATIVE, WILL BE A MEMBER OF THE TASK FORCE EXECUTIVE
BOARD AND AS SUCH WILL HAVE A VOTE ON THE BOARD.
3. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT
IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED
ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS
EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE, TO INCLUDE
ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO
A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS
HONORED. ADDITIONALLY, THE DISTRIBUTION OF ASSETS BECOMES
EFFECTIVE ON THE DATE THAT A DULY AUTHORIZED REPRESENTATIVE OF
THE OPD EXECUTES THIS ADDENDUM TO THE MOU.
BNE 25%
DEA 10.71%
RSD 10.71%
RPD 10.71%
SBPD 10.71%
SBSD 10.71%
CHP lOr. 71%
OPD 10.71%
TOTAL * 100%
(* ACTUAL 99.97%; FIGURES TO BE
ROUNDED OFF TO NEAREST DOLLAR)
ADDENDUM PAGE THREE
4. THE ABOVE SCHEDULE OF DISTRIBUTIONS DOES NOT EFFECT THE DISTRIBUTION
OF ASSET FORFEITURE PROCEEDS PREVIOUSLY AGREED UPON BY THE BNE, DEA,
CHP, RPD, RSD, SBPD, AND SBSD, AND WHICH IS OUTLINED IN PARAGRAPH
13, PAGES 11 AND 12 OF THE ORIGINAL MEMORANDUM OF UNDERSTANDING
(MOU).
RSD
SBSD
RPD
SBPD
25%
25%
25%
25%
$ 6,306.00
$ 6,306.00
$ 6,306.00
$ 6,306.00
$25,225.00
TOTAL
100%
THIS SCHEDULE IS A ONE TIME COMMITMENT AND IS VOID UPON THE
RECEIPT OF ATTAINMENT OF THE $25,225.00 FIGURE, AT WHICH TIME
THE FORMER SCHEDULE TAKES PRECEDENCE.
5. THE DETERMINING AGREEMENT SHALL BE FROM THE DATE OF EXECUTION OF
THIS ADDENDUM, ON OR ABOUT APRIL 3, 1989, TO EIGHTEEN (18) MONTHS
THEREAFTER.
6. ALL OTHER AGREEMENTS, MUTUAL PROMISES, COVENANTS AS SPECIFIED IN THE
TASK FORCE MEMORANDUM OF UNDERSTANDING (EXHIBIT A) CONTAINED IN
PARAGRAPHS ONE (1) THROUGH 14 SHALL REMAIN IN FULL FORCE AND EFFECT
AND WILL BE ADHERED TO BY THE OPD.
7. THE TERM OF THIS AGREEMENT SHALL BE FROM APRIL 3, 1989, TO SEPTEMBER
2, 1990 (EIGHTEEN [18] MONTHS). THIS AGREEMENT MAY BE TERMINATED BY
ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN
TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE.
ADDENDUM PAGE FOUR
THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS
MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S) INDICATED
BELOW.
~#:~
Lowell T. Stark, Chief of Police
Ontario Police Department
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Date