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HomeMy WebLinkAbout21- Police Department ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Keith L.IKAwer,Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Dept: Police Department Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for Date: May 4, 2010 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. M/CC Meeting Date: June 7, 2010 Synopsis of Previous Council Action: 8-15-2005 Resolution #2005-285 authorizing the execution of an MOU for participation in INCA was adopted. Recommended Motion: / Adopt Resolution. KEITH L. KILMER, Chief of Police Contact person: Captain Ernie Lemos Phone: 194-5609 Supporting data attached: All Ward: All FUNDING REQUIREMENTS: Expenditure Amount: $181,143 for FY 09/10 Source: Acct. #001-212-5011 & 001-218-5011 Revenue Amount: %19,942 for FY 09/10 Source: Acct. #001-000-4740 Finance: Council Notes: ��s° Z 0/0 - A3"-J Agenda Item No (0-7- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the California Department of Justice, Bureau of Narcotics Enforcement, Inland Crackdown Allied(INCA) Task Force. BACKGROUND: - 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 (HIDTA). 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. The San Bernardino Police Department has participated in the INCA Task Force since August 2005. The trafficking of narcotics and dangerous drugs, as well as other associated illegal activity, has a substantial detrimental effect on the health and general welfare of community members in the City of San Bernardino. Pursuant to this Agreement, the California Department of Justice will assist the San Bernardino Police Department in the clean up and investigative processing of clandestine methamphetamine laboratories, which can be a labor intensive and high cost endeavor. The San Bernardino Police Department will be responsible for providing one (1) Police Officer, one (1) Community Service Officer I, and one (1) undercover vehicle, including cost of operation. Any additional equipment needs are the responsibility of the California Department of Justice (DOJ), Bureau of Narcotic Enforcement (BNE). Task Force supervision will be the responsibility of BNE managers and employee oversight will remain the responsibility of the San Bernardino Police Department. Assigned employees will be responsible for adherence to all rules and regulations of the San Bernardino Police Department while working within the BNE INCA Task Force. Investigators from the following agencies will be partnering with the San Bernardino Police Department in the BNE INCA Task Force: • 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 The term of this Agreement will be five (5) years. Participation in the DOJBNE INCA Task Force may be terminated at any time with 30 days written notice. Any training needs related to task force operations will be provided by the California Department of Justice (DOJ), Bureau of Narcotics (BNE), with no charge to the City of San Bernardino and the San Bernardino Police Department. Participation in this task force provides the City of San Bernardino and the San Bernardino Police Department an allotted share of assets seized in those investigations participated in by the task force officer. The dedication of the Community Service Officer I position to the INCA Task Force will result in the reimbursement of 1/2 the base salary (less benefits) for this position and one additional share of seized assets. Asset seizure revenues cannot be projected or estimated. However, in FY 2008/09, the City of San Bernardino received approximately $35,000 as a result of the INCA Task Force agreement and year to date (FY 2009-10) the City has received approximately $43,000 as a result of the `single-share' allotment. FINANCIAL IMPACT: The FY 09-10 Police Department General Fund budget includes $127,524 for the salary and benefits associated with the Police Officer position (001-218-5011) and $53,619 for the salary and benefits associated with the Community Service Officer(001-212-5011). Reimbursement of half the salary base (less benefits) for the Community Service Officer position will be deposited into the Police Miscellaneous Revenue account (001-000-4740). The MOU Agreement provides that DOJBNE will reimburse the San Bernardino Police Department during the fiscal year for overtime payments made to the assigned task force officer, up to 95 hours in any calendar quarter at the Special Agent Range C top step overtime rate. RECOMMENDATION: Adopt Resolution. I RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE 4 DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE CALIFORNIA 5 DEPARTMENT OF JUSTICE, BUREAU OF NARCOTIC ENFORCEMENT, INLAND CRACKDOWN ALLIED (INCA) TASK FORCE. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The Chief of Police is hereby authorized to execute on behalf of the City 10 a Memorandum of Understanding (MOU) between the City of San Bernardino and the 11 California Department of Justice, Bureau of Narcotic Enforcement for the San Bernardino 12 Police Department to participate as a.member of the Inland Crackdown Allied (INCA) Task 13 Force operating in the Inland Empire, a copy of which is attached hereto, marked as Exhibit A, 14 and incorporated herein by this reference. 15 SECTION 2. The authorization to execute the above referenced Memorandum of 16 17 Understanding is rescinded if it is not executed within sixty (60) days of the passage of this 18 Resolution. 10 20 21 22 23 24 25 26 27 28 7//0 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM 2 OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE 3 DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE CALIFORNIA DEPARTMENT OF JUSTICE, BUREAU OF NARCOTIC ENFORCEMENT, INLAND 4 CRACKDOWN ALLIED (INCA) TASK FORCE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 7 and Common Council of the City of San Bernardino at a meeting thereof, held g on the day of , 2010,by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ I1 DESJARDINS 12 BRINKER 13 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino Approved as to Form: 24 25 � 26 J I s F. Penman, City Attorney 27 28 EXHIBIT A INLAND CRACKDOWNALLIED (INCA) TASK FORCE MEMORANDUM OF UNDERSTANDING July 1 , 2010 - June 30, 2015 _h ! i� f INLAND CRACKDOWN ALLIED TASK FORCE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENT I. PURPOSE. --------------- -------------------------------- ------- ------------------ ---------- ---------------- ------4 II. MISSION STATEMENT............. ..................... ...... . -------- ........ ...... .---------- ---- ---- ----4 IIL EXECUTIVE COMMITTEE ... -- ---°-- ------------------------ -----------°--- -------- --------°--------4 N. MANAGEMENT-------- ---------__------------- ......... ------------ ---- ------ --5 V. TASK FORCE COMMANDER---------------------------------------------------------- -------- 5 VI. OVERTIME/COMPENSATION...--°.. . ................- ------- ........- -°------------ 5-6 VII. BUDGET. ................. ........................ _-------- _---------------------- ----- ----.6 VIII. TRAINING. ---------------------------------------------- ---- ------------ --6 ® IX. ANNUAL REPORT---------------------................................................ ----- ---- ------ - - --6 X. RESOURCES.-.................... ............................................ ------- ---- ----- -- - -6-7 XI. FACILITIES,EQUIPMENT AND PROPERTY.....-------- ---------- ------------------------.... ----.....7-8 XII. TRAVEL EXPENSE- ------ ----- ......... ---°------------------------ --------------------- 8 XIII. ASSET FORFEITURE..........._----------------------------------------------------------------- ------- --------9 XIV. ADMINISTRATION AND AUDIT-------------------------------- ................... --- - ------ ... ..9 XV. NON-DISCRIMINATION CLAUSE -------- ----------------------------------------------------------------9 XVI. RESPECTIVE RESPONSIBILITIES ........................................................................... XVII. CLAIMS/LITIGATION HANDLING----------- ----------- ................................. -------- ------------9-10 XVIII. DISCOVERY.-- ------------------ --------- --------- --------------••--..... ......------ -°---- -------------------------.10 XIX. WORKERS' COMPENSATION INSURANCE........... ....................................................10 XX. OTHER...........---------------- - - ---°......------------.... ......---- ...........--......... .......... ......----------10 XXI. TERM OF AGREEMENT...... --------- - ---------------- ---------------------- ------------------------------------10 2 XXII. AUTHORIZATION--- ---------------- ------- ------ ----------------------------------------------------------11 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 O • Riverside County Sheriffs Department • Riverside Police Department • San Bernardino Police Department 3 PURPOSE �•• The purpose of this 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. H. 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(HIDTA). 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 of the 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 of the Board may change on a case-by-case basis. The Chairman of the Executive Board shall be the SSAC of the 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. 4 IV. MANAGEMENT The administrative management and direction of the 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 of the 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. TASK FORCE 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 of BNE. The INCA Task Force Program Manager will be responsible for the management of the supervisors and the overall program. {� VI. OVERTIME/COMPENSATION `r 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. 5 r^ FLSA requires overtime to be paid at a minimum rate of one-and-one-half times 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, swom and non-sworn, shall be prepared by the SAS upon their assignment 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 (1) One Undercover Vehicle including cost of operation • California Highway Patrol (1) One Detective (1) One Undercover Vehicle including cost of operation • Corona Police Department O (1) One Detective (1) One Undercover Vehicle including cost of operation 6 • Murrieta Police Department (1)One Detective (1) One Undercover Vehicle including cost of operation • Ontario Police Department .(1) One Detective (1) One Undercover Vehicle including cost of operation • Riverside County District Attorney's Office (1) One Detective (1) One Undercover Vehicle including cost of operation • Riverside County Sheriff's Department (1) One Detective (1) One Undercover Vehicle including cost of operation • Riverside Police Department (1)One Detective (1)Pilot (1) One Undercover Vehicle including cost of operation (1) Helicopter • San Bernardino Police Department (1) One Detective (1)Community Service Officer (1)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. 7 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. X11. TRAVEL EXPENSE When available,the INCA Task Force program authorizes the payment of travel 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. 8 XIII. ASSET FORFEITURE fir► 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 of BNE, 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. �1✓ 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 of their 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. XVH. CLAIMS/LITIGATION HANDLING Any claim received by any of the 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. 9 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. If litigation 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 and/or 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. 10 1" 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 11 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 Bames, District Administrator Department of Alcohol Beverage Control SIGNATURE DATE 12 XXII. AUTHORIZATION r✓ 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 13 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 14 XXII. AUTHORIZATION Vr 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 15 �^ XXII. AUTHORIZATION YV 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 i ! Eric Hopley, Chief j Ontario Police Department SIGNATURE DATE i i i i i i 16 XXH. 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 3 Vern Horst, Chief of Investigations Riverside County District Attorney's Office SIGNATURE DATE J t i 3 t 1 i i 3 7 a 7 1 s 3 1 M 1 3 i d J 3 3 j 17 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 k i d i 18 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 Date: City Manager Attest: City Clerk APPROVED AS TO FORM: City Attorney 19 j 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 QSIGNATURE DATE f APPROVED AS TO FORM: James F. Penman, City Attorney i By: '0 XXII. AUTHORIZATION �n. 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. 's 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 t SIGNATURE DATE i i i } CALIFORNIA DEPARTMENT OF JUSTICE DIVISION OF ADMINISTRATIVE SUPPORT DAVID HARPER, Assistant Director Division of Administrative Support SIGNATURE DATE 1 21 ATTACHMENT#1 INCA TASK FORCE ASSET FORFEITURE SHARE AGREEMENT JULY 19 2010 A. It is hereby agreed by those agencies that have entered into the Memorandum of Understanding(MOU)that: 1. 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 bome 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 (1) 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. 22 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 of the 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 1. When additional agencies join or additional personnel are assigned by a participating agency to the INCA Task Force, the total number of shares will increase. a. The percentage allotted to each agency will therefore decrease. C. It is also agreed that 1. 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. V 23 1 ATTACHMENT#2 INCA TASK FORCE OPERATION FUND POLICY JULY 19 2010 A. The INCA Task Force Executive Board has established a fund for the following purposes: 1. 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: 1. 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. If the 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. 24 t 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 of the 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. 25 INLAND CRACKDOWNALLIED (INCA) TASK FORCE MEMORANDUM OF UNDERSTANDING July 1 , 2010 — June 30, 2015 INLAND CRACKDOWN ALLIED TASK FORCE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENT I. PURPOSE ° ........... ......... ----------------------------------------------------------- ------------ 4 II. MISSION STATEMENT--------------------------------------------------------------------- ...- --- ....... -- ------.4 III. EXECUTIVE COMMITTEE ---------------- ------°............... ..................... °--°..... . .....--4 W. MANAGEMENT --------------------------------------------_--------- ----------_-- -------------5 V. TASK FORCE COMMANDER_----------_---------- --------------------------------- ----------------­-------- VI. OVERTIME/COMPENSATION---- --------------------------------------------------- ................ ------ -----5-6 VII. BUDGET ------------------------------------------------- ---------- ------------------------------------------6 VIII. TRAINING.. -------------------------------- ..................................... ......--- -°....... 6 ® DX. ANNUAL REPORT---------------------------------------- .................. ................................ ....... ---- 6 X. RESOURCES.......... ........ .. .................... ........------------------------------------- -_----------------- 6-7 XI. FACILITIES,EQUIPMENT AND PROPERTY------------------------------------- ------------7-8 XH. TRAVEL EXPENSE.-- ------- ----- ------------------------------------------- 8 XIII. ASSET FORFEITURE--------------------------------------------------------------------------------------------.......... XIV. ADMINISTRATION AND AUDIT---- ------------------------------------------------------------9 XV. NON-DISCRIMINATION CLAUSE -------- ------------°---------------------------------------------------9 XVI. RESPECTIVE RESPONSIBILITIES ..............................----- _-------- ......I-------9 XVII. CLAIMS/LITIGATION HANDLING-----------...........---------------------------------------------------------9-10 XVIII. DISCOVERY. - ------------------------------------......-...... ............... ............. --°--- 10 XIX. WORKERS' COMPENSATION INSURANCE--------°-----------------------------------------------------10 XX. OTHER. ......I —..............° ...................10 © XXI. TERM OF AGREEMENT.-- . ......-- ............. .°------------------- ----°°.....----........ . ----......10 2 XXII. AUTHORIZATION------------------------- ------ .......................... ............ --------------------------------11 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 Sheriff's Department • Riverside Police Department • San Bernardino Police Department 3 I. PURPOSE The purpose of this 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. IL 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(HIDTA). 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 of the 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 of the Board may change on a case-by-case basis. The Chairman of the Executive Board shall be the SSAC of the 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 1 discretion of the Executive Board. The Chairman of the Executive Board shall have final ' authority. 4 IV. MANAGEMENT The administrative management and direction of the 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 of the 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. TASK FORCE 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 of BNE. 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. 5 FLSA requires overtime to be paid at a minimum rate of one-and-one-half times 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 assignment 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 (1) One Undercover Vehicle including cost of operation • California Highway Patrol (1) One Detective (1) One Undercover Vehicle including cost of operation • Corona Police Department Q (1) One Detective (1) One Undercover Vehicle including cost of operation 6 • Murrieta Police Department (1) One Detective (1) One Undercover Vehicle including cost of operation • Ontario Police Department (1) One Detective (1) One Undercover Vehicle including cost of operation • Riverside County District Attorney's Office (1) One Detective (1) One Undercover Vehicle including cost of operation • Riverside County Sheriff's Department (1) One Detective (1) One Undercover Vehicle including cost of operation • Riverside Police Department j (1) One Detective (1)Pilot (1) One Undercover Vehicle including cost of operation (1) Helicopter © • San Bernardino Police Department (1) One Detective (1) Community Service Officer (1)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. 7 r" 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 of travel 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 23 0)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. 8 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 of BNE, 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 of their 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 of the 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. 9 (° 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. If litigation 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 es t 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 and/or 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. 10 XXII. AUTHORIZATION Or 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 I1 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 Bames, District Administrator Department of Alcohol Beverage Control SIGNATURE DATE 12 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 13 XXH. 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 j SIGNATURE DATE 1 O I 3 1 i +3 y]31 )5 1 1 { l 14 ` 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 15 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 I i i 1 16 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 17 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 18 XXIL 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 Date: City Manager Attest: City Clerk APPROVED AS TO FORM: City Attorney 19 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 SIGNATURE DATE APPROVED AS TO FORM*. James F. Penman, City Attorney yi? 9. vz ' 20 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 21 ATTACHMENT#1 INCA TASK FORCE ASSET FORFEITURE SHARE AGREEMENT JULY 19 2010 A. It is hereby agreed by those agencies that have entered into the Memorandum of Understanding (MOU) that: 1. 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 (1) 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 i it month period. 22 ti i 6. The City of Riverside agreed on June 3, 1991 to provide a helicopter and pilot for v use by the INCA Task Force. The Riverside PD receives two additional shares to cover the expense of the 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 1. When additional agencies join or additional personnel are assigned by a participating agency to the INCA Task Force, the total number of shares will increase. a. The percentage allotted to each agency will therefore decrease. C. It is also agreed that 1. 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. 23 ATTACHMENT#2 INCA TASK FORCE OPERATION FUND POLICY JULY 19 2010 A. The INCA Task Force Executive Board has established a fund for the following purposes: 1. 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: 1. 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. If the 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. 24 �^ 4. Compliance with BNE Policy and Procedures Manual Section 11.0 (Informant v Procedures) is mandatory. a. A BNE Informant Control Number must be assigned to every informant before payment can be made. 5. Three members of the 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. Ca. 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. 25