HomeMy WebLinkAbout2010-137
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RESOLUTION NO. 2010-137
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE
DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE CALIFORNIA
DEPARTMENT OF JUSTICE, BUREAU OF NARCOTIC ENFORCEMENT, INLAND
CRACKDOWN ALLIED (INCA) TASK FORCE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Chief of Police is hereby authorized to execute on behalf of the City
a Memorandum of Understanding (MOU) between the City of San Bernardino and the
California Department of Justice, Bureau of Narcotic Enforcement for the San Bernardino
Police Department to participate as a member of the Inland Crackdown Allied (INCA) Task
Force operating in the Inland Empire, a copy of which is attached hereto, marked as Exhibit A,
and incorporated herein by this reference.
SECTION 2. The authorization to execute the above referenced Memorandum of
Understanding is rescinded if it is not executed within sixty (60) days of the passage of this
Resolution.
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2010-137
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE
DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE CALIFORNIA
DEPARTMENT OF JUSTICE, BUREAU OF NARCOTIC ENFORCEMENT, INLAND
CRACKDOWN ALLIED (INCA) TASK FORCE.
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17 MCCAMMACK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
regular
and Common Council of the City of San Bernardino at a i oint meeting thereof, held
on the 7th day of June
Council Members: AYES
MARQUEZ X
DESJARDINS X
BRINKER X
SHORETT ~
KELLEY X
JOHNSON X
,2010, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
X
~dd~,~
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this q7J.f day of June ,2010.
~~~
. k J. Morris, Mayor
City of San Bernardino
Approved as to Form:
~
sF. Penman, City Attorney
INLAND CRACKDOWN ALLIED
(INCA) TASK FORCE
MEMORANDUM OF UNDERSTANDING
July 1, 2010 ~ June 30, 2015
2010-rJ7 '
2010-137
INLAND CRACKDOWN ALLIED TASK FORCE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENT
I. PURPOSE _____uu____________ _________________ _________________________u__mm__u___________________________4
II. MISSION STATEMENTuuuuuu__uuu___m___ 000000000000____ __0000000000___ ___000000000000_____ 4
III. EXECUTIVE COMMITTEE 000000000000_ ___uuuuu______uuuuu__m____uuuuu__muuuuuuu_4
IV. MANAGEMENT_.__m__uummm ___uu____mm__ _______________ ___________________________________m___uu_____~
V. TASK FORCE COMMANDER_____uuuuuu___ __ummmmu__uuuuuuu__ ___uuuuuuu_______um5
VI. OVERTIME/COMPENSA TION__u___________________ ________________ ________________m_____uuuu______________ 5-6
VII. BUDGETuuum__uuuuum __000000000000_____ _uuu____m___uuuumum_ ___0000000000____ ______uuuuumm__6
VIII. TRAININGu________m___u__u_________________________ __________________________________m_uuumu_____________________ 6
IX. ANNUAL REPORT ____________u__uuu__mm___uu______________.____________________________________00__00000000_____ 6
X. RESOURCESuuu_____uuuuuum __0000000000___ _____uuuuuum__ ___0000000000_________00000000000000__00 ____6-7
XI. FACILITIES, EQUIPMENT AND PROPERTY uuuuuum___ uuuuuuuum ___00000000000000____ __7-8
XII. TRAVEL EXPENSE ____0000000000___ __uuuuu__mm ___uuuuu____m __uuuuuuuum 8
XIII. ASSET FORFEITURE ___000000000000_ __00000000000000___ __uuuuumm__ ___uuuuuu_m 9
XIV. ADMINISTRATION AND AUDIT_uuuuuuuu_ ___00000000000000_____ uuuuuu_mm_uuuuu9
XV. NON-DISCRIMINATION CLAUSE uuuuu__m_ ___muuu_____m _____uuuuuuu__m 9
XVI. RESPECTIVE RESPONSIBILITIES _00000000000000__ _____uuuuum__m______uuuuuuu__ __9
XVII. CLAIMS/LITIGATION HANDLING _____0000000000_____ ___uuuuuuuu_m __uuuuu_m___ 9-10
XVIII. DISCOVERY uuuuu__m ___000000000000_____ uuuuuuuum ___uuuuu___m_ ___000000000000000000_____0000000010
XIX. WORKERS' COMPENSATION INSURANCEuuuuu____ uuuuuuuu___m___uuuuu_u______m_10
XX. OTHER ____________________ __________________ __________________mm______uuu____________________________________00000000001 0
XXI. TERM OF AGREEMENT 10
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2010-137
XXII. AUTHORIZATION
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into by the California Department of
Justice (hereinafter "DOJ"), Division of Law Enforcement (hereinafter "DLE"), Bureau of
Narcotic Enforcement (hereinafter "BNE"), and the following participating agencies:
. Beaumont Police Department
. California Department of Alcohol Beverage Control (ABC)
. California Highway Patrol
. Corona Police Department
. Murrieta Police Department
. Ontario Police Department
. Riverside County District Attorney's Office
. Riverside County Sheriffs Department
. Riverside Police Department
. San Bernardino Police Department
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2010-07
I. PURPOSE
The purpose ofthis memorandum is to set forth the responsibilities of the parties signing it, in an
effort known as the Inland CrackDown Allied (INCA) Task Force. Use of this task force
concept is intended to ensure a well-coordinated narcotic enforcement effort and increase the
flow of narcotic-related intelligence information among the various law enforcement agencies in
California.
II. MISSION STATEMENT
The INCA Task Force is a multi-agency narcotic task force with participation by federal, state,
and local agencies targeting major drug cartels within the Inland Empire region of the Los
Angeles High Intensity Drug Trafficking Area (HIDT A). The primary focus of the task force is
cocaine and money laundering, with methamphetamine, heroin and marijuana investigations as a
secondary mission. The intent of the task force is to significantly diminish the availability of
these drugs to the drug trafficking organizations and apprehend the responsible offenders,
thereby increasing public safety.
III. EXECUTIVE COMMITTEE
The INCA Task Force will be governed by an Executive Board.
. Participating Agency - A "Participating Agency" is an allied local, state, or federal law
enforcement agency that has made a commitment of resources either on an on-going
general commitment basis or on a case-by-case basis.
. Structure - The Executive Board will consist ofthe Senior Special Agent-in-Charge
(SSAC) or Special Agent in Charge (SAC) of the Riverside BNE Regional Office or
his/her designee; and the department heads of each participating agency or his/her
designee. The participants ofthe Board may change on a case-by-case basis. The
Chairman ofthe Executive Board shall be the SSAC ofthe Riverside BNE Regional
Office or his/her designee.
. Role - The Executive Board shall meet on a quarterly basis, or as the Board deems fit, for
the purpose of reviewing the activities of the INCA Task Force. The members shall have
general responsibility for the oversight of INCA Task Force operations.
. Policy Authority - The Executive Board shall be responsible for the INCA Task Force
policies and operating procedures. The Board shall periodically review and evaluate
INCA Task Force operations, goals, objectives, policies and procedures. In addition, the
Board shall resolve member agency conflicts with BNE policies and procedures. The
selection or removal of personnel assigned to the INCA Task Force will be at the
discretion of the Executive Board. The Chairman of the Executive Board shall have final
authority.
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2010-137
IV. MANAGEMENT
The administrative management and direction ofthe INCA Task Force resources will primarily
be the responsibility of the SSAC through the Program Manager. The INCA Task Force will be
staffed with state personnel made up of Special Agent Supervisors, Special Agents, Criminal
Intelligence Specialists, Auditors, Property Controllers, and Clerical Support or equivalent
classifications. Local, state and federal officers will be assigned to target specific organizations.
BNE shall retain supervisory control ofthe personnel assigned to the INCA Task Force, with the
agreement that all member agency personnel assigned to the INCA Task Force shall operate
under the BNE Policy and Procedures Manual.
V. TASKFORCE COMMANDER
A Special Agent Supervisor (SAS) from BNE shall be the Program Manager of the INCA Task
Force and will report to the Executive Board through the Chairperson of the Board. The Task
Force Program Manager takes direction and supervision from his SSAC, the Chairman of the
Executive Board. The Program Manager will provide the Executive Board with quarterly and
annual reports of INCA Task Force activities. Any personnel assigned to the INCA Task Force
shall work under the immediate supervision of the INCA Task Force Supervisors and shall
adhere to the published policies and procedures ofBNE. The INCA Task Force Program
Manager will be responsible for the management of the supervisors and the overall program.
VI. OVERTIME/COMPENSATION
The Legislation for the INCA Task Force Program authorizes the payment of overtime to local
and state law enforcement officers as established by DOJ. Funding is not available for
reimbursement to federal agencies.
All overtime worked by BNE personnel and all state and local law enforcement officers must be
with prior approval of the Program Manager or his/her designee. If an assignment, investigation
or project requires overtime, the employee must get approval from the Program Manager or
his/her designee.
The authorized overtime rate DOJ can reimburse a participating agency officer is not to exceed
the Special Agent Range C top step overtime rate (this figure will change with cost of living
raises). A maximum of ninety five (95) hours of overtime in any calendar quarter can be
reimbursed if operational needs require and if funds are available from DOJ. The Special Agent
in Charge (SAC) is responsible for ensuring the overtime payments are legitimate and not
excessive. Reimbursement under this section is subject to the availability of funds. Payments
will be based upon the rate of pay for each participating agency officer on the list attached to this
Memorandum of Understanding. Overtime will be reimbursed directly to the participating
agency. The 95 hour cap is only as it relates to payment by BNE and not HIDTA, OCDETF, or
other funds.
The disclaimer on the "Overtime Reimbursement Invoice" must be signed by the supervisor of
the participating agency payroll department verifying that the authorized hours were paid by the
participating agency in accordance with FLSA regulations.
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2010-07
FLSA requires overtime to be paid at a minimum rate of one-and-one-halftimes the standard
rate. By signing this agreement, the participating agency agrees and understands that they will
be in compliance with the Federal Labor Standards Act (FLSA) and are responsible for any
amount above the authorized amount DOJ can reimburse. Each participating agency is
responsible for providing their respective personnel with salaries, benefits and overtime in
accordance with FLSA regulations.
VII. BUDGET
The SAS will prepare a proposed budget each year (date to be determined by the Executive
Board) for the ensuing calendar quarter year for approval by the Executive Board. A monthly
report of expenditures shall accompany the quarterly statistical report submitted to the Executive
Board as outlined in the Task Force's Policy and Procedure Manual.
VIII. TRAINING
The INCA Task Force Executive Board has established a fund for Training (Attachment #2). A
yearly training plan for all Task Force personnel, sworn and non-sworn, shall be prepared by the
SAS upon their assigmnent to the Task Force. In addition, a yearly group-training plan shall be
prepared by the SAS and submitted with the Task Force budget proposal.
IX. ANNUAL REPORT
The SAS will provide the Executive Board and the BNE Headquarters Office with an annual
report of activity no later than March 15 of each year. This report will summarize the preceding
calendar year's operation and shall include a section for statistical data broken down in a similar
fashion to that of the quarterly reports. The report shall contain sufficient information regarding
the Task Force's goals, objectives, and accomplishments to enable the Council to reassess Task
Force goals and objectives.
X. RESOURCES
. Beaumont Police Department
(1) One Detective
(1) One Undercover Vehicle including cost of operation
. California Department of Alcohol Beverage Control (ABC)
(1) One Detective
(I) One Undercover Vehicle including cost of operation
. California Highway Patrol
(1) One Detective
(1) One Undercover Vehicle including cost of operation
. Corona Police Department
(1) One Detective
(1) One Undercover Vehicle including cost of operation
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2010-1:17
. Murrieta Police Department
(I) One Detective
(1) One Undercover Vehicle including cost of operation
. Ontario Police Department
(I) One Detective
(I) One Undercover Vehicle including cost of operation
. Riverside County District Attorney's Office
(I) One Detective
(I) One Undercover Vehicle including cost of operation
. Riverside County Sheriffs Department
(I) One Detective
(I) One Undercover Vehicle including cost of operation
. Riverside Police Department
(I) One Detective
(I) Pilot
(I) One Undercover Vehicle including cost of operation
(I) Helicopter
. San Bernardino Police Department
(I) One Detective
(I) Community Service Officer
(I) Undercover Vehicle including cost of operation
XI. FACILITIES, EQUIPMENT & PROPERTY
BNE will provide, out of annually appropriated funds, the necessary administrative funds and
standard compliment of equipment to support the activities of the officers assigned to the INCA
Task Force. Support shall include office space, administrative furnishings and supplies,
specialized investigative equipment, specialized training, other requisite support and funds for
the purchase of evidence and information. Each member agency agrees to provide their
respective personnel with appropriate standard safety and investigative equipment and
enforcement vehicle( s).
Any and all property including equipment, furniture and furnishings, of whatever kind or
description, purchased or acquired with DOJ funds, shall be the property of DOJ, and at the
termination of this agreement and whereupon no new agreement is reached, all property shall be
returned to DOJ.
Any DOJ property which is damaged, broken, misplaced, lost or stolen, through gross
negligence, wrongful act, or omission of an officer or agent assigned to the. INCA Task Force,
shall be repaired or replaced by the agency of the responsible employee at the determination of
the Executive Board.
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2010-1'37
Equipment purchased with funds from the INCA Task Force Operation Fund will be disposed of
per the Operation Fund policy. When any equipment purchased with funds from the INCA
account is damaged or lost, a memo will be written by the agent or Task Force Officer (TFO) to
the INCA Program Manager. A copy will be sent to the TFO's Agency. A decision to pay for
the lost or damaged item will be made by the INCA manager and the TFO's Agency Manager.
XII. TRAVEL EXPENSE
When available, the INCA Task Force program authorizes the payment oftravel expenses to.
state and local law enforcement officers assigned to the INCA Task Force. Funding is not
available for reimbursement to federal agencies. For travel claim purposes, participating agency
officers will be considered Volunteers. DOJ has adopted a policy of obtaining the services of
Volunteers to assist the Attorney General in performing the duties of his Office under the
"Volunteer Service Agreement." Travel expenses for all task force members may be paid from
the INCA Task Force Operation Fund.
(2) Appointment of Volunteers: No individual may be officially appointed
as a Volunteer for the DOJ until the following forms have been completed and
signed: a Volunteer Task Force Service Agreement (JUS A-303), an Oath of
Allegiance and Declaration of Permission to Work for Persons Employed by
the State of California (STD 689), Incompatibility Statement of the
Department of Justice (JUS 1401), Payee Data Record (JUS 230) and an
Authorization to Use Privately Owned Vehicles on State Business (STD 261).
The originals will be filed with DOJ and a copy will be provided to the
Volunteer.
(3) Procedures: Volunteers are subject to the same rules of conduct as state
employees in general. Requests for reimbursement under the Volunteer
Service Agreement must be submitted on Form 262, Travel Expense Claim, in
accordance with the current contract in effect for Bargaining Unit 7,
California Union of Safety Employees (CAUSE).
Payments will be based upon the authorized travel and related expenses incurred as a
result of an authorized investigation. The SSAC of the regional office, Or his/her
designee, must approve and submit the original signed travel expense claim to BNE
Headquarters after determining the monies claimed are in accordance with the Volunteer
Service Agreement and authorized in accordance with the Department of Personnel
Administration regulations, Title 2, the State Administration Manual, Sections 0700 to
4100, and the current CAUSE contract.
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2010-'137
XIII. ASSET FORFEITURE
Based on the attached Asset Forfeiture Agreement (Attachment #1), proceeds derived from an
asset forfeiture, under state or federal law, initiated in the course of investigations conducted by
the INCA Task Force, will be shared equitably among member agencies. The equitable sharing
will be based on the attached formula developed by the Executive Board. All forfeiture
procedures and sharing will be based upon the appropriate provisions of state or federal law and
policy. Modification to the attached Asset Forfeiture Agreement requires approval by the
members of the Executive Board.
XIV. ADMINISTRATION AND AUDIT
In no event shall the member agencies charge any indirect costs to DOJ for administration or
implementation of this agreement during the term thereof. Any and all records pertaining to the
INCA Task Force expenditures shall be readily available for examination and audit by
employees ofBNE, DOJ and the Attorney General's Office, or any member agency.
XV. NON-DISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all
requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, part
42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of
race, color, creed, sex, age or national origin and equal employment opportunities.
XVI. RESPECTIVE RESPONSIBILITIES
For the purpose of indemnification, each participating agency of the INCA Task Force shall be
responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of
the services and activities of those officers while participating in the INCA Task Force
operations. Personnel assigned to the INCA Task Force shall be deemed to be continuing under
the employment oftheir jurisdictions and shall have the same powers, duties, privileges,
responsibilities and immunities as are conferred upon them as peace officers in their own
jurisdictions. There is no intent on the part of any agency in the INCA Task Force to create a
separate legal entity subject to suit.
XVII. CLAIMS/LITIGATION HANDLING
Any claim received by any ofthe Participating Agencies that is identified as resulting from the
INCA Task Force shall be processed as follows:
Said claim shall be immediately forwarded to the Participating Agencies by the Risk Manager,
assigned by the SAS. The Risk Manager shall act as the lead for the processing of the INCA
Task Force claim. The claim adjusting fees incurred by the Responsible Agency shall be shared
equally by the Participating Agencies pursuant to Section XV hereof.
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2010":'137
All offers of settlement or settlement proposals shall be transmitted by the Responsible Agency
to all the Participating Agencies. No settlement shall be agreed upon by any of the Participating
Agencies unless the settlement proposal is acceptable to all Participating Agencies involved.
Iflitigation is initiated by the claimant, the Responsible Agency shall immediately notify the
other Participating Agencies and shall provide complete set of copies of all documents relating to
the claim. Each Participating Agency shall retain separate defense counsel to represent each of
them, as each deems appropriate in its absolute discretion.
XVIII. DISCOVERY
It is agreed by and between the cities that any and all information including, but not limited to,
documents, medical records, and evidence secured during the course of an investigation or as the
result of discovery conducted in preparation for litigation, shall be shared freely with each and
every other party to this agreement upon receipt of a written request submitted to the agency in
possession of said information.
XIX. WORKERS' COMPENSATION INSURANCE
By law, all employers must provide workers' compensation benefits to employees, including
special employees under their supervision, who are injured in the course of their employment.
Task force members employed by other law enforcement agencies will be considered general
employees of that agency and special employees of the DOJ. Pursuant to Insurance code Section
11663, the general employer will be liable for the entire cost of workers' compensation benefits
payable on account of injury occurring in the course of and arising out of this special
employment.
XX. OTHER
There shall be a system of checks and balances with regard to any intelligence or information
gathered, that will require the necessary restrictions to protect each participating agency's
integrity in terms of its mission, operational procedures, and regulations.
XXI. TERM OF AGREEMENT
The term of this agreement shall be from July 1. 2010 , through June 30. 2015 or until a new
MOU has been signed by all Participating Agencies. If any changes occur (i.e., withdrawal of a
Participating Agency andlor addition of a new Participating Agency, etc.), an Addendum to the
MOU must be submitted within thirty (30) calendar days of the change. The term of this
agreement may be terminated by any party for good cause shown by notice in writing to the
Executive Board Chairman thirty (30) days prior thereof. An extension of this Memorandum of
Understanding will be granted pursuant to the agreement of the Executive Board.
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
BEAUMONT POLICE DEPARTMENT
Frank Coe, Chief of Police
Beaumont Police Department
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL (ABC)
Kathy Barnes, District Administrator
Department of Alcohol Beverage Control
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
CALIFORNIA HIGHWAY PATROL
Jeff Talbott, Chief
California Highway Patrol, Inland Division
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
CORONA POLICE DEPARTMENT
Richard Madory, Chief
Corona Police Department
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
MURRIETA POLICE DEPARTMENT
Mark Wright, Chief
Murrieta Police Department
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
ONTARIO POLICE DEPARTMENT
Eric Hopley, Chief
Ontario Police Department
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE
Vern Horst, Chief of Investigations
Riverside County District Attorney's Office
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
Stanley Sniff, Sheriff
Riverside County Sheriffs Department
SIGNATURE
DATE
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
RIVERSIDE POLICE DEPARTMENT
CITY OF RIVERSIDE
a municipal corporation,
John De La Rosa, Acting Chief
Riverside Police Department
SIGNATURE
DATE
By
City Manager
Date:
Attest:
City Clerk
APPROVED AS TO FORM:
City Attorney
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2010-137
XII AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will be effective upon signature of all parties. All
future Addendums must be forwarded to the BNE Headquarters Office and will become effective
upon signature of all parties.
Participating Agencies:
SAN BERNARDINO POLICE DEPARTMENT
By executing this Memorandum of Understanding, in no event does the City of San Bernardino
agree to waive any applicable privacy rights of its employees or any other statutory protections
to requested information.
Keith L. Kilmer, Chief
San Bernardino Police Department
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SIGNATURE DATE
APPROVED AS TO FORM:
James F. Penman,
City Attorney ,~
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2010-137
XXII. AUTHORIZATION
The Participating Agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated above. This MOU shall be forwarded to the BNE Headquarters Office
with all its attachments, if applicable, and will become effective upon signature of all parties.
All future Addendums must be forwarded to the BNE Headquarters Office and will become
effective upon signature of all parties.
Participating Agencies:
CALIFORNIA DEPARTMENT OF JUSTICE
BUREAU OF NARCOTIC ENFORCEMENT
David King, Special Agent In Charge
Riverside Regional Office
SIGNATURE
DATE
John Gaines, Chief
Bureau of Narcotic Enforcement
SIGNATURE
DATE
CALIFORNIA DEPARTMENT OF JUSTICE
DIVISION OF ADMINISTRATIVE SUPPORT
DAVID HARPER, Assistant Director
Division of Administrative Support
SIGNATURE
DATE
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2010-137
ATTACHMENT #1
INCA TASK FORCE
ASSET FORFEITURE SHARE AGREEMENT
JULY 1,2010
A. It is hereby agreed by those agencies that have entered into the Memorandum of
Understanding (MOU) that:
I. The Bureau of Narcotic Enforcement (BNE) will be responsible for processing
any assets seized by the INCA Task Force with the prosecuting agency.
2. BNE will incur necessary expenses borne by the INCA Task Force during an
investigation, i.e., informant payment, drug purchases, etc. This may be
supplemented by funds from the INCA Task Force Operations Fund per policy
(Attachment #2).
3. Each participating task force agency will receive one (I) share of any monies
seized, with the exception of BNE, the Riverside Police Department, and the San
Bernardino Police Department. BNE will receive three (3) shares. Riverside PD
will receive three (3) shares. San Bernardino Police Department will receive two
shares.
4. The percentage to be distributed to a participating agency will be determined by
dividing their respective share(s) by the total number of shares.
5. If an agency has removed its TFO or employee for a period of two months or
more, that agency will not share in any seizures by the Task Force after that two
month period.
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6. The City of Riverside agreed on June 3,1991 to provide a helicopter and pilot for
use by the INCA Task Force. The Riverside PD receives two additional shares to
cover the expense ofthe helicopter.
(a) The helicopter will be provided by Riverside PD to the INCA Task Force
on demand, unless unusual circumstances prevent it.
7. The City of San Bernardino agreed by Resolution (attached) to provide a full-time
Community Services Officer (CSO) to the INCA Task Force for Administrative
Services. The San Bernardino Police Department receives one additional share
and 1/2 base salary (less benefits) of the CSO paid by the INCA Task Force.
B. It is further agreed that
I. When additional agencies join or additional personnel are assigned by a
participating agency to the INCA Task Force, the total number of shares will
mcrease.
a. The percentage allotted to each agency will therefore decrease.
C. It is also agreed that
I. Real estate will be sold and proceeds will be divided as per A-3.
2. Any vehicles and cellular phones seized and forfeited will be sold or auctioned as
per current state law and the proceeds distributed as per A-3.
D. This agreement shall be a part of the Memorandum of Understanding entered into by the
INCA Task Force member agencies.
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ATTACHMENT #2
INCA TASK FORCE
OPERATION FUND POLICY
JULY 1,2010
A. The INCA Task Force Executive Board has established a fund for the following
purposes:
I. Purchase of equipment
2. Payment of services rendered
3. Payment to informants who provide information or assistance to the task force
that results in the arrest of narcotic traffickers and/or the seizure of illegal drugs or
profits from the sale of illegal drugs.
4. Training for task force members.
B. An account is maintained by a member agency of the INCA Task Force and is funded by
forfeited assets of seizures in which the task force was involved. The following governs
the INCA Task Force Fund:
I. On any forfeiture of $3,000 or less, all funds to law enforcement will be deposited
in the Operation Account.
2. Fifteen percent (15%) of any forfeiture over $5,000 will be deposited in the
account.
a. If forfeiture is less than $5,000, no funds will be dispersed to the account
unless the forfeiture is $3,000 or less [per (1) above].
b. Ifthe forfeiture is over $25,000, an additional 10% may be deposited into
the operations account for supplemental overtime, not to exceed an
accumulated amount of $15,000.
3. The percentage deposited to the account will be calculated prior to disbursement
to the member agencies of the INCA Task Force or to any assisting agency. Any
amounts required by law will be paid first, e.g., General Fund, District Attorney's
office, etc.
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4. Compliance with BNE Policy and Procedures Manual Section 11.0 (Informant
Procedures) is mandatory.
a. A BNE Informant Control Number must be assigned to every informant
before payment can be made.
5. Three members ofthe Executive Board shall approve any extraordinary expenses
from the INCA account, such as
a. Payments to informants over $10,000.00
b. Expenditures on equipment over $5,000.
6. Routine expenditures will be approved by the Program Manager.
7. Any equipment purchased with funds from this account will be placed into service
for use by the INCA Task Force, but may be loaned out to member agencies of
the task force.
8. The INCA Task Force Program Manager shall keep accurate records on this
account, reflecting deposits and expenditures.
a. The Quarterly Report will include this information.
9. If the INCA Task Force is dissolved, any remaining funds will be disbursed back
to the member agencies as per the Asset Forfeiture Share Agreement in existence
at the time of dissolution.
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