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HomeMy WebLinkAbout24-Police Department . CITY OF SAN BERQRDINOgEQUEST .Q.R COUNCIL ACTION From: DANIEL A. ROBBINS CHIEF OF POLICE Dept: POLICE Date: 5/29/90 Subject: EXTENSION OF MOll WITH THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE Synopsis of Previous Council action: Resolution #88-484, passed December 19, 1988, authorizing the entering into agreement with State, local and Federal agencies to form and participate in the "Inland Empire Clandestine Laboratory Task Force." Recommended motion: Adopt resolution. ." . .'. , t;~.. ,- .- ". I.) ,---.,; / . . Signature Contact person: nANTF.T. A, RORBTNS CHTF.F OF POT. TCF. Phone: ::!R4-S607 Supporting data atteched: YES Ward: FUNDING REQUIREMENTS: Amount: S60. 849 Iil yp.i'lr Source: Overtime (est. $6,450)- Asset Seizure Fund Finance: 00] -71 ,-S2020 : )..t..J >OJ' -- , Council Notes: 75-0262 Agenda Item No .21 CITY OF SAN BERQRDINO - REQUEST .QR COUNCIL ACTION STAFF REPORT In December, 1988, the police department entered into an agreement with other local, State and Federal law enforcement agencies to form and participate in a Task Force dedicated to the investigation of illicit drug laboratories in San Bernardino and Riverside Counties. The "Inland Empire Clandestine Laboratory Task Force" was created and a detective from the San Bernardino Police Department was assigned. During the 18 month existence of the Task Force, over 100 illicit laboratories were seized and dismantled and numerous suspects arrested for serious drug manufacturing charges. Also, seized was 110 pounds of meth- amphetamine and enough methamphetamine oil to produce 5,200 pounds of methamphetamine powder. The California Bureau of Narcotic Enforcement (lead and supervising agency of the Task Force) states that the effec- tiveness of the Task Force has done much to decrease the amount of meth- amphetamine available to the two County area. The Task Force has also investigated numerous illicit labs within the City of San Bernardino during this time period and has provided hazardous chemical cleanup, costing over $60,000.00. The participation of the police department in this Task Force provides it with a readily available team to investi- gate and process drug labs. The original Memorandum of Understanding included the participation of the following agencies: California Bureau of Narcotic Enforcement. United States Drug Enforcement Administration, California Highway Patrol, Riverside County Sheriff's Department, San Bernardino County Sheriff's Department, Riverside Police Department and the San Bernardino Police Department. Since the original MOU, the Rialto Police Department and the Ontario Police Department have joined the Task Force. The salary of the officer assigned to the Task Force will be made from the regular budgeted position in the Vice/Narcotics Detail. Equipment costs, such as a lease car and fuel charges will be financed from the Asset Forfeiture Fund. Overtime costs, estimated each year at $6,450.00, will also be paid from the Asset Forfeiture Fund. The original MOU covered the period from December I, 1988 to May 31, 1990 (18 months). The extension of the MOU covers the period from June I, 1990 to December 31, 1991 (18 months). 75-0264 o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY AND CITY 3 PUBLIC ENTITIES TO CONTINUE PARTICIPATION IN A CLANDESTINE LABO- RATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES 4 INVOLVING ILLEGAL MANUFACTURING O~ CONTROLLED SUBSTANCES. 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 8 agreement with 9 directed to execute on behalf of said City an the California Bureau of Narcotic Enforcement, United States Drug Enforcement Administration, California Highway 10 Riverside County Sheriff's Department, San Bernardino Patrol, 11 12 County Police 13 Police 14 Sheriff's Department, Riverside Police Department, Rialto Department, Ontario Police Department and San Bernardino Department to continue participation in a Clandestine Laboratory Task Force to investigate and prosecute criminal cases 15 involving illegal manufacturing of controlled substances. A 16 copy of said agreement is attached hereto marked Exhibit. "A" 17 and incorporated herein by reference as though fully set forth 18 at length. 19 20 SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to 21 execute it wi thin sixty days (60) days of the passage of this 22 resolution. 23 24 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 25 26 27 Bernardino at a meeting thereof, held on the day of 1990, by the following vote, to wit: 28 o o 1 COUNCIL MEMBERS: 2 ESTRADA REILLY 3 FLORES MAUDSLEY 4 MINOR POPE-LUDLAM 5 MILLER AYES NAYS ABSTAIN 6 7 8 9 10 11 12 13 14 15 CITY CLERK The foregoing resolution is hereby approved this day of , 1990. w. R. HOLCOMB, Mayor City of San Bernardino Approved as to form 16 and legal content: 17 JAMES F. PENMAN 18 City Attorney 19 By: 20 21 22 23 24 25 26 27 28 o o EXHIBIT A AGREEMEtfT AMORG CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT UNITED STATES DRUG ENFORCEMENT ADMINISTRATION CALIFORNIA HIGHWAY PATROL RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RIVERSIDE POLICE DEPARTMENT SAN BERNARDINO POLICE DEPARTMENT FOR THE FORMATION OF A CLANDESTINE LABORATORY TASK FORCE ;~ o o THIS AGRBBMBNT IS MADB AND BRTERBD IRTO BY ARD AMORG THE CALIFORNIA BUREAU OF NARCOTIC ENFORCEKERT (HEREIRAFTER "BREn), THE DRUG ERFORCBMBRT ADMINISTRATION OF THE URITED STATES DBPARTMENT OF JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL (HEREINAFTER "CHP"), THE RIVERSIDE COU~TY SHERIFF'S DEPARTMENT (HEREIRAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HERBINAFTER "RPD"), THE SAN BERNARDIRO COUNTY SHERIFF'S DEPARTMERT (HEREINAFTER SBSD), ARD THE SAN BERNARDIRO POLICE DEPARTMERT (HEREINAFTER SBPD). WHERBAS, THBRE IS OVERWHELMING EVIDENCE THAT ILLICIT MANUFACTURING OF CORTROLLBD SUBSTANCES EXISTS IR THE TWO-COUNTY GBOGRAPHICAL ARBA OF RBSPORSIBILITY, AND THAT SUCH ILLBGAL ACTIVITY ~ HAS A SUBSTANTIAL AND DBTRIMENTAL EFFECT OR THB HBALTH ARD GBNERAL WBLFARE OF THB CITIZENS WITHIN THIS AREA. WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEIRG, FOR THEIR MUTUAL BENEFIT, TO PROVIDE FOR THE FORKATIOR OF A DRUG ERFORCEKERT TAS~ FORCE, ~NOWN AS THE INLAND EKPIRE CLANDESTINE LABORATORY TAS~ FORCE (HEREIIAFTER "TAS~ FORCE"), LOCATED IN THE CITY OF RIVERSIDE, WITHIN THE STATB OF CALIFORNIA, FOR THE PURPOSE OF A COICERTED BFFORT II THE IRVESTIGATION ARD PROSECUTION OF CASES BEFORB THE COURTS OF THE UNITBD STATES AND THE COURTS OF CALIFORNIA, - 1 - o o IRVOLVIRG ILLICIT LABORATORIES. SAID IRVESTIGATIOR ACTIVITY WILL TARGET THOSE KARUFACTURIRG ARD TRAFFIC~IRG ORGARIZATIORS OPERATIRG IR OR AFPECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OP THE TAS~ PORCE ARE TO REDUCE THE SUPPLY OP, AND DEKAND FOR. PRECURSOR CHEKICALS, LABORATORY EQUIPKENT. AND ILLICIT KANUPACTURERS OF ILLEGAL DRUGS BY INCREASING THE RIS~S INVOLVED IN THE POSSESSION. KANUFACTURE. TRANSPORTATION, OR SALE OP CONTROLLED SUBSTARCES; TO IKPROVE THE OPERATIONAL INTER-RELATIONSHIPS OP ALL PARTICIPATIRG FEDERAL. STATE. KUNICIPAL, ARD COUNTY AGENCIES; TO EPFECTIVELY ACCUKULATE, ASSIKILATE. AND DISSEKINATE ILLICIT DRUG LABORATORY IRTELLIGENCE AND RELATED CRIKINAL IRFORKATION TO APPROPRIATE LAW ERFORCEKERT AGENCIES IN THE GEOGRAPHICAL AREA; ARD _.~ WHEREAS. THE BRE CLANDESTINE LABORATORY PROGRAK IS A PROVER KETHOD OP DETECTING ARD COKBATING THE PROBLEK OP ILLICIT KANOFACTORIRG; ARD NOW. THEREFORE. AND IR CORSIDERATIOR OP THE KOTUAL PROKISE. CONVERARTS ARD AGREEKENTS HEREIRAPTER SET PORTH. THE PARTIES DO HEREBY AGREE AS POLLOWS: 1. THE BRE. DEA. RSD, RPD. SBSD. SBPD. AND CHP WILL, WITH THEIR OWR LAW ERFORCEKENT PERSONNEL ARD EKPLOYEES AS HEREINAFTER SPECIFIED. PERFORK THE ACTIVITIES ARD DUTIES AS DESCRIBED BELOW: - 2 - o o A. GATHBR AND REPORT INTBLLIGBNCB DATA RBLATIBG-TO CLANDBSTIBE LABORATORY OPERATORS; B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE CLANDESTINE LABORATORY OPERATORS; C. CONDUCT ENFORCEMENT OPERATIONS, COVERT ABD OVERT, AND ENGAGE IN SOCH OTHER TRADITIONAL METHODS OF INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE CLANDESTINE LABORATORY TASK FORCE RESOLT IB EFFECTIVE PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR THE COORTS OF THE STATE OF CALIFORBIA; :..!" D. COOPERATE TO PROVIDE LOCAL LAW EBFORCEMENT AND PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK FORCE. 2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IB CHARGE OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLODE THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES HAVING FOLL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE. - 3 - o o A. THI IXICUTIVE BOAID SHALL MEET QUAITEILY PO~ THI PURPOSE OP RIVIEWIBG IEPORTS RELATIVE TO THE PROGRESS, PUBCTIORS, AND SPECIAL DUTIES OF THI TAS~ FOICE, ARD TO EVALUATE ITS EFFECTIVENESS. B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTI. C. PINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK FORCI SHALL REST WITH THE AGENCY PIOVIDING THAT USOUICE. D. ALL DEA AGENTS ARD ALLIED AGENCY PERSONRIL ASSIGNED ;-!" TO THE TAS~ FOICE SHALL ADHEIE TO ALL BRI POLICIES ARD PROCEDUIES. FAILUIE TO DO SO SHALL BE GROURDS POI DISMISSAL PIOM THE TASK FORCE. URLESS EXPRESSLY PROVIDED FOI THEIEIN, THI POLICY, RULIS, PROCEDUIES, ARD REGULATIORS OF THE PARERT AGENCY SHALL APPLY. E. AT NO TIMI SHALL DUTIIS PIIPORMID BY TASK FORCI AGEaTS IR THE INVISTIGATION OF CLANDESTINE LABS coaFLICT WITH THI BNI ARD BUIEAU OF FORENSIC SIRVICI (BFS) CLARDESTIRE LABORATOIY MABUAL OF INSTRUCTIoa ARD PROCEDURI. - 4 - 3. - o o P. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE BOARD WILL RESOLVE ANY CONFLICTS THAT MAY ARISE BETWEEN BNE AND DEA LABORATORY KANUALS. THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TAS~ FORCE WILL BE A FULL-TIKE COMMITMENT FOR A PERIOD OF EIGHTEEN (18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BHE AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO SUPPORT OPERATIONAL GOALS OF THIS AGREEMEHT. BNE WILL COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR ON AN AS NEEDED BASIS. BNE WILL BE RESPONSIBLE FOR THE SALARIES AND OVERTIME OF THE BNE PERSONNEL ASSIGNED. FEDERAL FUNDING MAY BE AVAILABLE ON A CASE-BY-CASE BASIS FOR PAYMENT OF OVERTIME AND PER DIEM OF ALLIED AGENCY PERSONNEL WHEN THE ORGANIZED CRIME DRUG ENFORCEMENT TAS~ FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AH OCEDTP AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO SUPPORT THE TAS~ FORCE WITH RESOURCES OH HAND, AND TO CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON AH ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DES~S, CHAIRS, PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT. - S - .-~ o o 4. BNE AND DEA AGREE TO UTILIZE TREIR IESPECTIVE FUNDS IN SUPPORT OF TRE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS ASSIGNED TO TRE TAS~ FOICE TO INCLUDE FUNDS FOR TRE PURCRASE OF EVIDENCE AND INFORMATION, IBVESTIGATIVE EQUIPMENT, TRAINIBG AND OTRE~ SUPPORT ITEMS. DEA WILL PROVIDE A FULLY EQUIPPED CLAN LAB TRUC~. 5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS OUTLINED), A VERICLE SUITABLE FOR UNDERCOVER OPERATION AND ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTRER, PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANBUAL BASIS, TRE COSTS ASSOCIATED WITR MEDICAL MOBITORING REQUIRED BY :~ BBE. 6. IT IS TRE RESPOBSIBILITY OF EACR PARTICIPATING AGEBCY TO ENSURE TRAT TREIR OFFICER, DEPUTY OR AGEBT POSSESSES A VALID ABD CURRENT CALIFORNIA DRIVERS LICEBSE, FIRST AID CARD AND CPR CARD. EACR PARTICIPABT MUST ALSO BE PROFICIENT ABD MAIBTAIB TRAT PROFICIENCY IN FIREARMS QUALIFICATION AS REQUIRED BY TRE CALIFORBIA PEACE OFFICER STANDARDS ABD TRAINING COMMISSION OR TREIR PAREBT AGENCY. 7. TRE ORGANIZATIONAL STRUCTURE ABD RESPONSIBILITIES OF TROSE PERSONBEL ASSIGBED ARE AS FOLLOWS: - 6 - B. o o A. BRE SPECIAL AGENT SUPERVISOR A BNE SPECIAL AGERT SUPERVISOR RAVIRG EXPERIERCE AND EXPERTISE IN CLARDESTINE LABORATORY INVESTIGATIONS IS RESPORSIBLE FOR OVERALL ADMIRISTRATIOR AND SUPERVISION OF THE INLAND EMPIRE CLANDESTINE LABOE&TORY TASK FORCE. THE SPECIAL AGE.T SUPERVISOR WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE DIRECT lOR, GUIDANCE, ARD TRAINING IR TRE CORDUCTING OF ILLICIT LABORATORY IRVESTIGATIONS, PREPARATION OF BNI IRVESTIGATIVE REPORTS AND FURTHER PREPAE&TIOR OF TROSI IRVESTIGATIORS FOR SUCCESSFUL PROSECUTIOR, FIDIRAL OR STATE. :-!" FOUR (4) BNI SPICIAL AGERrS, ONE (1) DIA SPICIAL AGERT, ORI (1) CRP OFFICIR. ORE (1) RSD DEPUTY. ONE (1) RPD OFFICER. (1) SBSD DEPUTY. (1) SBPD OFFICER. SWORN SPECIAL AGENTS. DEPUTIES AND OFFICERS ASSIGNED OR A FULL-TIME BASIS TO PERFORM TROSE INVESTIGATIVE DUTIIS NECESSARY. IR ACCORDANCE WITH APPLICABLE AGENCY DIRECTIVES. TO ACCOMPLISH THOSE ENFORCEMENT GOALS OF THIS INLARD EMPIRE CLARDESTINE LABORATORY TASK FORCE. PARTICIPATIOR IR INVESTIGATIONS OTHER TRAN ILLICIT LABORATORY INVESTIGATIORS BY BNI - 7 - o o PERSONNEL WILL REQUIRE THE APPROVAL or THE 8NE SAC. PARTICIPATION BY OTHER TASK PORCE MEMBERS ON INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY CASES WILL REQUIRE APPROVAL PROM THEIR MEMBER AGENCY. C. SUPPORT PERSONNEL (PART-TIME. AS-NEEDED BASIS): ONE (1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR, AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON A PART-TIME, CASE-BY-CASE BASIS, THE GOALS or THIS TASK PORCE IN THE AREAS OP THEIR INDIVIDUAL EXPERTISE. D. SECRETARIAL SUPPORT -~ BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO ACCOMPLISH THE GOALS or THIS INLAND EMPIRE CLANDESTINE LABORATORY TASK PORCE. 8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, PURNITURE, PURNISHINGS or WHATEVER KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH BNE PUNDS SHALL BE THE PROPERTY OP BNE AND, AT THE TERMINATION OP THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST PIELD orrICE OP BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY, - 8 - o o EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER ~IND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE DETERMINATION OF THE EXECUTIVE BOARD. 9. THE TAS~ FORCE SHALL MAINTAIN, ON A CURRENT BASIS, --~ COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS UNDER THIS AGREEMENT IN ACCORDANCE WITH GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE INSPECTION AND AUDITING OF SUCH RECORDS AND ACCOUNTS. INVESTIGATIVE REPORTING WILL BE ACCOMPLISHED USING BNE FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL PARTICIPANTS IN THE TAS~ FORCE RECEIVE SUFFICIENT TRAINING TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES. - 9 - o o 10. BNE SHALL PERMIT AND BAVE READILY AVAILABLE rOR . EXAMINATION AND AUDITING BY DEA OR TRE UNITED STATES DEPARTMENT or JUSTICE, THE CONTROLLER GENERAL or TBE UNITED STATES, OR ANY or THEIR DULY AUTBORIZED AGENTS AND REPRESENTATIVES, ANY AND ALL RECORDS, DOCUMENTS, ACCOUNTS. INVOICES, RECEIPTS AND EXPENDITURES RELATIRG TO DEA rUNDS PURSUANT TO TRIS AGREEMENT. IN ADDITIOR, BRE WILL MAINTAIN ALL SUCH POREGOING REPORTS AND RECORDS UNTIL ALL AUDITS ARD EXAMINATIONS ARE COMPLETED AND RESOLVED, OR POR A PERIOD or TRREE (3) YEARS ArTER TERMINATION or TBIS AGREEMENT, WHICBEVER IS SOONER. ~ 11. ALL PARTICIPATING AGENCIES WILL COMPLY WITB TITLE VI or TBE CIVIL RIGHTS ACT or 1954, AND ALL REQUIREMENTS IMPOSED BY OR PURSUANT TO THE REGULATIONS or THE DEPARTMENT or JUSTICE (CPR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT TO TITLE VI, RELATING TO DISCRIMINATION ON TBE GROUNDS or RACE, COLOR, CREED, SEX, AGE, SEXUAL PREPERENCE, OR NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES. 12. THE TERM or THIS AGREEMENT SBALL BE rROM THE DATE or EXECUTION, BY BNE, TO EIGBTEEN (18) MONTRS THEREArTER. PARTICIPATIOR IN TRE TAS~ rORCE MAY BE TERHINATED BY ANY PARTICIPATING AGENCY rOR GOOD CAUSE SHOWN BY NOTICE IN - 10 - o o WRITING GIVBN TO THB OTHER PARTIBS THIRTY (30) DAYS PRIOR THBRBOP. ALL OBLIGATIONS THAT ARB OUTSTANDING ON THB ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OP ANY THIRTY (30) DAY NOTICB OF TERMINATION SHALL BE LIQUIDATED BY BNB WITHIN NINETY (90) DAYS THEREOP. IN RO EVERT SHALL BRB INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OP NOTICE OP TERMINATION. 13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES. THAT RESULT IN A RETURN OP FUNDS OR PROPERTY. SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRBCTIVE. THE FOLLOWING SCHEDULE IS EFPECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE TO INCLUDB ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE. AND PAYMENT TO A NON-TAS~ FORCE -~ PARTICIPATING AGENCY. IF APPLICABLE. IS HONORED. BNE 25% DEA 12.5% UD 12.5% RPD 12.5% S\D 12.5% .. SlSD 12.5% CHP 12.5% TOTAL 100% - 11 - o o THE ABOVE SCHEDULE WILL BECOME EPPECTIVE ONLY APTER THE PROCEEDS OP THE PIRST $2S,22S IN SEIZED ASSETS HAVE BEEN RECEIVED AND DISTRIBUTED AS POLLOWS: ISO 2S% $ 6,306 SBSD 2S% $ 6,306 RPD 2S% $ 6,306 SBPD 2S% $ 6,306 100% $2S,22S THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON THE RECEIPT OP ATTAINMENT OP THE $2S,22S PIGURE, AT WHICH TIME THE PORMER SCHEDULE TAKES PRECEDENCE. 14. POR THE PURPOSE OP INDEMNIPICATION, EACH PARTICIPATING ~ AGENCY IN THE TASK PORCE SHALL BE RESPONSIBLE POR THE ACTS OP ITS PARTICIPATING OPPICER(S) AND SHALL INCUR ANY LIABILITIES ARISING our or SERVICES AND ACTIVITIES or THOSE OPPICERS, WHILE PARTICIPATING IN THE TEAM IN THE LINE OP DUTY. PERSONNEL ASSIGNED TO THE TASK PORCE SHALL BE DEEMED TO BE CONTIRUING UNDER THE EMPLOYMENT OP THEIR JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES, PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE CONPERRED UPON HIM/HER AS AR OPPICER IN THEIR OWR JUUSDICTION. - 12 - " o o IS. THE TERK OP THIS AGREEKENT SHALL BE PROK DECEKBER I, 1988, TO KAY 31, 1990 (EIGHTEEN [18] KONTHS). THIS AGREEKENT KAY BE TERKINATED BY ANY OP THE PARTIES POI GOOD CAUSE SHOVN BY NOTICE IN VRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE. THE PA1TIES, BY THEIl DULY AUTHORIZED OPPICIALS, HAVE EXECUTED THIS KEK01ANDUK OP UNDERSTANDING ON THE RESPECTIVE DATE(S) INDICATED BELOV. ~~ Phil olnbach, Special Agent in Charge California Bureau of Narcotic Enforcement Riverside Field Office /z./"n8 Date :..,.!- ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the St~t of California By: ~-4'" J /J J.c,,4 Ma or r T ~W/"'7'//;'''<.' ) City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~ ? )-.<___ o - 13 - AlDHlM 06/01/90 0 o 16. 'DIE ~ OF 'lHIS AGREI3MEHl' SHALL BE F1U'I JUNE I, 1990, ro ~ 31, 1991 (EIGm;Dl [18] 1DmIS). 'lHIS AGREI3MEHl'. MAY BE '1'E1MINA'lUl BY N!l'i OF 'DIE PARl'IES FUR CDD CAUSE SIDiN BY lO1'ICE IN WRlTDG GIVEN ro 'DE EXEXI11'IVE IU\RD 'lHIRTY (30) MYS IN ADfAfO:. 'DIE PARl'IES, BY 'lHEIR OOLY AU'1DJRIZED OFFICIAIS, HAVE EXB:l1lB) 'lHIS MIMXWD.M OF UNIERSTANllIK; at 'DIE RESPa:TIVE D!\TE(S) IHlICAm> BEIaf. Daniel A. Robbins, Chief of Police Date City of San l3er:nardino - 14 - o o ADDBIIDUII TO IIBMOIWfDUK or UKDKISTAllDIRG IRLAlQ) IDIPIU CLARDKnINIl LABORATORY rASE roRa ADDENDUM TO mE AGREEMENT HADE AND ENTERED INTO BY AND AMONGST THE BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER BNE), mE DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER DEl.), mE CALIFORNIA HIGHWAY PATROL (HEREINAFTER CHP), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER RSD), mE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER RPD), mE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN BERNARDINO POLICE DEPARTHENT (HEREINAFTER SBPD), WHEREAS THE PARTIES HERETO HAVE AGREED FOR THEIR MUTUAL BENEFIT AND HAVE ESTABLISHED A DRUG ENFORCEMENT TASK FORCE, KNOWN AS mE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER TASK FORCE), LOCATED IN THE CITY OF RIVERSIDE, CALIFORNIA, FOR THE PURPOSE OF INVESTIGATING AND PROSECUTING CASES BEFORE THE COURTS OF mE UNITED STATES AND mE COURTS OF CALIFORNIA. WHEREAS, mE ONTARIO POLICE DEPARTMENT (HEREINAFTER OPD) HAS EXPRESSED A DESIRE TO ENTER INTO AN AGREEMENT Wlm mE TASK FORCE BY COHHITTING A FULL-TIME INVESTIGATOR TO THE TASK FORCE FOR THE PURPOSE OF COMBATING THE PROBLEM OF ILLICIT CLANDESTINE LABORATORIES: WHEREAS, ALL MEMBERS OF mE TASK FORCE, mROUGH mEIR DESIGNATED REPRESENTATIVES, HAVE BEEN CONTACTED AND, WHO ARE ALL IN AGREEMENT, THE INCLUSION OF THE OPD TO THE TASK FORCE WOULD BENEFIT THE PURPOSE OF mE TASK FORCE, WHICH IS TO COMBAT ILLICIT CLANDESTINE LABORATORIES; AND NOW, mEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE, COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, mE OPD DOES HEREBY AGREE AS FOLLOWS: o o ADDENDUM PAGE TWO 1. THE OPD WILL AlIDE BY THE AGREEMENTS, MUTUAL PROMISES AND COVENANTS ORIGINALLY ENTERED INTO BY THE BNE, DEA, SBSD, SBPD, RSD, RPD AND THE CHP AS OUTLINED BY THE MEMORANDUM OF UNDERSTANDING WHICH WAS SIGNED BY THE EXECUTIVE BOARD MEHBERS IN DECEMBER, 1988. 2. AS A MEMBER OF THE TASK FORCE, THE OPD, THROUGH A DESIGNATED REPRESENTATIVE, WILL BE A MEMBER OF THE TASK FORCE EXECUTIVE BOARD AND AS SUCH WILL HAVE A VOTE ON THE BOARD. 3. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE, TO INCLUDE ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED. ADDITIONALLY, THE DISTRIBUTION OF ASSETS BECOMES EFFECTIVE ON THE DATE THAT A DULY AUTHORIZED REPRESENTATIVE OF THE OPD EXECUTES THIS ADDENDUM TO THE MOU. BNE 25% DEA 10.71% RSD 10.71% RPD 10.71% SBPD 10.71% SBSD 10.71% CHP 10.. 71% OPD 10.71% TOTAL * 100% c* ACTUAL 99.97%; FIGURES TO BE ROUNDED OFF TO NEAREST DOLLAR) . . o o ADDENDUM PAGE THREE 4. THE ABOVE SCHEDULE OF DISTRIBUTIONS DOES NOT EFFECT THE DISTRIBUTION OF ASSET FORFEITURE PROCEEDS PREVIOUSLY AGREED UPON BY THE BNE, DEA, CUP, RPD, RSD, SBPD, AND SBSD, AND WHICH IS OUTLINED IN PARAGRAPH 13, PAGES 11 AND 12 OF THE ORIGINAL MEMORANDUM OF UNDERSTANDING (MOO). RSD 25% $ 6,306.00 SBSD 25% $ 6,306.00 RPD 25% $ 6,306.00 SBPD ...ill $ 6,306.00 TOTAL 100% $25,225.00 THIS SCHEDULE IS A ONE TIME COMMITMENT AND IS VOID UPON THE RECEIPT OF ATTAINMENT OF THE $25,225.00 FIGURE, AT WHICH TIME THE FORKER SCHEDULE TAKES PRECEDENCE. 5. THE DETERMINING AGREEMENT SHALL BE FROM THE DATE OF EXECUTION OF THIS ADDENDUM, ON OR ABOUT APRIL 3, 1989, TO EIGHTEEN (18) MONTHS THEREAFTER. 6. ALL OTHER AGREEMENTS, MUTUAL PROMISES, COVENANTS AS SPECIFIED IN THE TASK FORCE MEMORANDUM OF UNDERSTANDING (EXHIBIT A) CONTAINED IN PARAGRAPHS ONE (1) THROUGH 14 SHALL REMAIN IN FULL FORCE AND EFFECT AND WILL BE ADHERED TO BY THE OPD. 7. THE TERM OF THIS AGREEMENT SHALL BE FROM APRIL 3, 1989, TO SEPTEMBER 2, 1990 (EIGHTEEN U81 MONTHS). THIS AGREEMENT MAY BE TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE. o o ADDENDUM PAGE FOUR THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S) INDICATED BELOW. ~~~ Lowell T. Stark, Chief of Police Ontario Police Department ,,-- /Y-;? Date o o ADDBlfDUIf to IIIlMOUJIDOK OF t/JIDftS'fAJIDIJIG IlfLlND I!KPIU CUlDISTIJII IAIORArOlt TAft FOlCl ADDENDUM TO THE AGREEKENT HADE AND ENTERED INTO BY AND AMONGST THE BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER BHE), THE DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OP JUSTICE (HEREINAFTER DEA), THE CALIFORNIA HIGHWAY PATROL (HEREINAFTER CHP), THE RIVERSIDE COUNTY SHERIPF"S DEPARTMENT (HERINAFTER RSD), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER RPD) , THE SAN BERNARDINO COUNTY SHERIPP'S DEPARTMENT (HEREINAFTER SBSD), TIlE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD) AND THE ONTARIO POLICI DEPARTMENT (HEREINAFTER OPD), WHEREAS THE PARTIES HERETO RAVE AGREED POR THEIR MUTUAL BENEFIT AND HAVE ESTABLISHED A DRUG ENFORCEMENT TAU PORCI, KNOWN AS TIlE INLAND EMPIRE CLANDESTINE LABORAtORY TASIt PORCE (HEREINAFTER TAU PORCE), LOCATED IN THE CITY OP RIVERSIDE, CALIFORNIA, FOl THE PURPOSE OF INVESTIGATING AND PROSECUTING CASES BEFORE THE COURTS OP THE UNITED STATES AND TIlE COURTS OP CALIFORNIA. WHEREAS, ALL MEMBE1S OP THE TAU PORCE, THROUGH TIlEIR DESIGNATED REPRESENTATIVES, RAVE BEEN CONTACTED AND, IIRO ARE ALL IN AGREEMENT, TIlE INCLUSION OF THE RlALTO PO TO TIlE TAU PORCE WOULD BENEFIT THJ PURPOSE OP THE TASIt FORCE, WHICH IS TO COMBAT ILLICIT CLANDESTINI LABORATORIES: AND NOW, THEREPORE, AND IN CONSIDERAtION OF THE MUTUAL PROMISE, COVENANTS AND AGREEMENTS HEREINAFTER SET PORTH, THE RlALTO P.O. DOES HEREBY AGREE AS FOLLOWS: ADDENDUM PAGE TWO 0 o 1. THE lUALTO PD WILL AB IDE BY THE AGREEMENTS, HUTUAL PROMISES AND COVENANTS ORIGINALLY ENTERED INTO IN DECEMBER, 1988, BY THE BHE,DEA, SBSD, SBPD, RSD, RPD, AND THE CHP, AS WELL AS THE OPD WHO ENTERED INTO THE AGREEMENT BY AN ADDENDUM TO THE OlUGINAL MEMORANDUM or UNDERSTANDING WHICH WAS SIGNED BY THE EXECUTIVE BOARD MEMBERS IN DECEMBER, 1988. 2. AS A HEMBER or THE TASK rORCE, THE RlALTO PO, THROUGH A DESIGNATED REPRESENTATIVE, WILL BE A MEMBEl OF THE TASK FORCE EXECUTIVE BOARD AND AS SUCH WILL HAVE A VOTE ON THE BOARD. 3. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN or rUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE rOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE, TO INCLUDE ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASt rORCE PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED. ADDITIONALLY, THE DISTRIBUTION OF ASSETS BECOMES EFFECTIVE ON THE DATE THAT A DULY AUTHORIZED REPRESENTATIVE OF THE RlALTO PD EXECUTES THIS ADDENDUM TO THE HOU. BN! 20% DE! 10% RSD 10% RPD 10% SBPD 10% SBSD 10% CUP 10% OPD 10% RlALTO P.D 10% TOTAL 100% o o ADDENDUM PAGE THREE 4. THE DETERMINING AGREEMENT SHALL BE FROM THE DATE OF EXECUTION OF TH~S ADDENDUM, ON OR ABOUT JULY I, 1989, TO EIGHTEEN (18) MONTHS THEREAFTER. 5. ALL OTHER AGREEMENTS, HUTUAL PROMISES, COVENANTS AS SPECIFIED IN THE TASK FORCE MEMORANDUM OF UNDERSTANDING (EXHIBIT A) CONTAINED IN PARAGRAPHS ONE (I) THROUGH 14 SHALL REHAIN IN FULL FORCE AND EFFECT AND WILL BE ADHERED TO BY THE RIALTO PD. 6. THE TERM OF THIS AGREEMENT SHALL BE FROM JULY I, 1989, TO DECEMBER 31, 1990 (EIGHTEEN (18) MONTHS). THIS AGREEMENT KAY BE TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE. THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING ON TII! RESPECTIVE DATE(S) INDICATED BELOW. ~.p-~? RAYMON E. FARKER, CHIU OF POLICI iialto Police Department Date