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HomeMy WebLinkAboutS2-Police Department CITY OF SAN BERNARDINO - REQUI::ST FOR COUNCIL ACTION Fpt)m: Donald J. Burnett, Chief of POliCREC'1)...M1..0l~t"eement For The Formulation Dept: Police tSaB DEe \5 tJ4 ~~t ~or~~andestine Laboratory J12.1/;/ Date: December 12, 1988 Synopsis of Previous Council action: No previ ous action taken. Recommended motion: ADOPT RESOLUTION. Contact person: Captain D. A. Robbins Phone: ~R4-5606 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $10.927.60 Sou rce: A""pt Fnrfp; ttJrp Flmd F' ~-211-24601 mance: ~ rv---- ncil Notes: _. 5:.."~ t CI.~ } OF SAN BERNARD[ 0 - REQUI T FOR COUNCIL Acr~ .ON STAFF REPORT PROBLEM There is overwhelming evidence that illicit manufacturing of controlled substances exists in the two county geographical areas of San Bernardino and Riverside. Such illegal activity has a substantial and detrimental affect on the health and general welfare of the citizens within these areas. RECOMMENDATIONS To establish a Clandestine Laboratory Task Force wherein the San Bernardino police Department will provide one Narcotic Investigator, vehicle, along with other necessary expenses for a period of 18 months. There will be no funding impact for this program as the budgeted~ position will remain vacant during this investigator's assignment. There will be inciden- tal costs of $10,927.60 which will be covered through Asset Forfeiture funds. FINDINGS On September 9, 1988, Bob Clark, Supervising Agent for the California Bureau of Narcotic Enforcement, contacted this department reference the formation of a Clandestine Laboratory Task Force. Clark spoke about the increasing number of illicit laboratories operating in both Riverside and San Bernardino counties. Confidential informaton has identified over 200 illicit laboratories scattered throughout the two areas. For an individual agency to properly investigate such illicit laboratories, it is both costly and time consuming. The mere fact that we have this many laboratories operating within the two county geographical areas points out a serious and potentially dangerous problem facing us not only today but in the future. The responsibility to deal with the illicit laboratories is one we can not ignore. To fight the problem in a singular manner is counterproductive and we must take on a task force approach dedicated to mutual cooperation. The California Bureau of Narcotic Enforcement has taken the leadership role in proposing the formation of a Clandestine Laboratory Task Force. This type of program is a proven method of detecting and combating the problem of illicit manufacturing. The Drug Enforcement Administration of the United States Department of Just ice, the Californi~ Highway 75-0264 Page 2 Patrol, the Riverside County Sheriff's Office, the Riverside City Police Department, and the San Bernardino County Sheriff's Office have all agreed to participate in the task force. The objectives of the task force are to reduce the supply of and demand for precursor chemicals, laborat~ry equipment, and illicit manufacturers of illegal drugs by increasing the risks involved in the possession, manufacturer, transpor- tation, or sale of controlled substances: to improve the operational interrelationships of all participating federal, state, county, and municipal agencies to effectively accumulate, assimilate and disseminate illicit drug laboratory intelligence and related criminal information to appropriate law enforcement agencies in the geographical area. The attached memorandum of understanding (Draft #1) outlines the specifics of the program and agreements each agency must enter into. As recommended, it is the intention of this agency to fund a portion of the program through asset seizure funds. We have received an opinion from the City Attorney's Office that such funding is proper under both state and federal statutes. (See Attachment #1.) There is also an added incentive wherein investigations of clandestine laboratories within the City of San Bernardino, initiated by the task force, will assume all environmental response disposal costs incurred during the investigation. The Emergency Services/Risk Management Department reports that the last six incidents in which they were involved with assisting this police department cost $7,131.89. Had the Clandestine Laboratory Task Force initiated investigations of those cases, they would have assumed the incurred costs. Detective Steve Klettenberg has been chosen to participate in the task force. He has been employed with the police department for approximately eleven years having served as a Narcotic Investigator for the last three years. He has an excellent reputation as a very competent Narcotic Investi- gator and should do an excellent job as a task force member. Another point of interest is that asset forefeitures seized during the investigation of illicit laboratories will be shared by contributing departments. It is impossible for us to predict the amount of money that will be returned to the police department at this time. Page 3 The program will last for approximately 18 months wherein our officer will return to full duty with the police department. ATTACHMENTS - 1. Interoff ice memo, from Henry Empeno, Jr., Deputy Attorney, dated September 15, 1988. 2. Memorandum of Understanding (Draft #1). 3. Interoffice memo, from Lieutenant L. Richards, dated 9/16/88. 4. Interoffice memo, from Captain D.A. Robbins, dated September 29, 1988. The California Bureau of Narcotic Enforcement requires this executed agreement before December 31, 1988. This Resolution must be placed on the December 19, 1988, City Council ~1eeting Supplemental Agenda in order to meet the deadline set by a state agency. 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 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 FORM A CLANDESTINE LABORATORY TASK FORCE TO INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL 4 MANUFACTURING OF CONTROLLED SUBSTANCES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 8 hereby authorized and directed to execute on behalf of said City an agreement with the California Bureau of Narcotic Enforcement, 9 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 to form a Clandestine Laboratory 14 Task Force to investigate and prosecute criminal cases involving illegal manufacturing of controlled substances. A copy of said 15 agreement is attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk HE/dys December 14, 1988 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution . . . authorizing the execution of an agreement with Federal, State, Cc '.ty, and City - 'blic entities to form a Clandestine Labora_Jry Task Force . . . involving illegal manufacturing of controlled substances. 1 The foregoing resolution is hereby approved this day 2 of , 1988. 3 4 5 6 Evlyn Wilcox, Mayor City of San B~rnardino Approved as to 7 form and Legal Content: 8 JAMES F. PENMAN, City Attorney 9 10 By: ~/Jo- o /1 I (;L:,.~ 11 12 13 14 HE/dys December 14, 1988 2 EXHIBIT A AGREEMENT AMONG CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT UNITED STATES DRUG ENFORCEMENT ADMINISTRATION CALIFORNIA HIGHWAY PATROL RIVERSIDE COUNTY SHERIFF'S DEPARTMENT SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT RIVERSIDE POLICE DEPARTMENT SAN BERNARDINO POLICE DEPARTMENT FOR THE FORMATION OF A CLANDESTINE LABORATORY TASK FORCE THIS AGREEMENT IS MADE AND ENTERED INTO BY AND AMONG THE CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER "BNE"), THE DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL (HEREINAFTER "CHP"), THE RIVERSIDE COUNTY SHERIFF'S-DEPARTMENT (HEREINAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER "RPD"), THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD). WHEREAS, THERE IS OVERWHELMING EVIDENCE THAT ILLICIT MANUFACTURING OF CONTROLLED SUBSTANCES EXISTS IN THE TWO-COUNTY GEOGRAPHICAL AREA OF RESPONSIBILITY, AND THAT SUCH ILLEGAL ACTIVITY HAS A SUBSTANTIAL AND DETRIMENTAL EFFECT ON THE HEALTH AND GENERAL WELFARE OF THE CITIZENS WITHIN THIS AREA. WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEING, FOR THEIR MUTUAL BENEFIT, TO PROVIDE FOR THE FORMATION OF A DRUG ENFORCEMENT TASK FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER "TASK FORCE"), LOCATED IN THE CITY OF RIVERSIDE, WITHIN THE STATE OF CALIFORNIA, FOR THE PURPOSE OF A CONCERTED EFFORT IN THE INVESTIGATION AND PROSECUTION OF CASES BEFORE THE COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA, - 1 - INVOLVING ILLICIT LABORATORIES. SAID INVESTIGATION ACTIVITY WILL TARGET THOSE MANUFACTURING AND TRAFFICKING ORGANIZATIONS OPERATING IN OR AFFECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OF THE TASK FORCE ARE TO REDUCE THE SUPPLY OF, AND DEMAND FOR, PRECURSOR CHEMICALS, LABORATORY EQUIPMENT, AND ILLICIT MANUFAGTURERS OF ILLEGAL DRUGS BY INCREASING THE RISKS INVOLVED IN THE POSSESSION, MANUFACTURE, TRANSPORTATION, OR SALE OF CONTROLLED SUBSTANCES; TO IMPROVE THE OPERATIONAL INTER-RELATIONSHIPS OF ALL PARTICIPATING FEDERAL, STATE, MUNICIPAL, AND COUNTY AGENCIES; TO EFFECTIVELY ACCUMULATE, ASSIMILATE, AND DISSEMINATE ILLICIT DRUG LABORATORY INTELLIGENCE AND RELATED CRIMINAL INFORMATION TO APPROPRIATE LAW ENFORCEMENT AGENCIES IN THE GEOGRAPHICAL AREA; AND WHEREAS, THE BNE CLANDESTINE LABORATORY PROGRAM IS A PROVEN METHOD OF DETECTING AND COMBATING THE PROBLEM OF ILLICIT MANUFACTURING; AND NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE, CONVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. THE BNE, DEA, RSD, RPD, SBSD, SBPD, AND CHP WILL, WITH THEIR OWN LAW ENFORCEMENT PERSONNEL AND EMPLOYEES AS HEREINAFTER SPECIFIED, PERFORM THE ACTIVITIES AND DUTIES AS DESCRIBED BELOW: - 2 - A. GATHER AND REPORT INTELLIGENCE DATA RELATING TO CLANDESTINE LABORATORY OPERATORS; B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE CLANDESTINE LABORATORY OPERATORS; C. CONDUCT ENFORCEMENT OPERATIONS, COVERT AND OVERT, AND ENGAGE IN SUCH OTHER TRADITIONAL METHODS OF INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE CLANDESTINE LABORATORY TASK FORCE RESULT IN EFFECTIVE PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF CALIFORNIA; D. COOPERATE TO PROVIDE LOCAL LAW ENFORCEMENT AND PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK FORCE. 2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IN CHARGE OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLUDE THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES HAVING FULL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE. - 3 - A. THE EXECUTIVE BOARD SHALL MEET QUARTERLY FOR THE PURPOSE OF REVIEWING REPORTS RELATIVE TO THE PROGRESS, FUNCTIONS, AND SPECIAL DUTIES OF THE TASK FORCE, AND TO EVALUATE ITS EFFECTIVENESS. B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTE. C. FINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK FORCE SHALL REST WITH THE AGENCY PROVIDING THAT RESOURCE. D. ALL DEA AGENTS AND ALLIED AGENCY PERSONNEL ASSIGNED TO THE TASK FORCE SHALL ADHERE TO ALL BNE POLICIES AND PROCEDURES. FAILURE TO DO SO SHALL BE GROUNDS FOR DISMISSAL FROM THE TASK FORCE. UNLESS EXPRESSLY PROVIDED FOR THEREIN, THE POLICY, RULES, PROCEDURES, AND REGULATIONS OF THE PARENT AGENCY SHALL APPLY. E. AT NO TIME SHALL DUTIES PERFORMED BY TASK FORCE AGENTS IN THE INVESTIGATION OF CLANDESTINE LABS CONFLICT WITH THE BNE AND BUREAU OF FORENSIC SERVICE (BFS) CLANDESTINE LABORATORY MANUAL OF INSTRUCTION AND PROCEDURE. - 4 - F. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE BOARD WILL RESOLVE ANY CONFLICTS THAT MAY ARISE BETWEEN BNE AND DEA LABORATORY MANUALS. 3. THE ASSIGNMENT OF OFFICERS AND AGENTS TO ~HE TASK FORCE WILL BE A FULL-TIME COMMITMENT FOR A PERIOD OF EIGHTEEN (18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BNE AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO SUPPORT OPERATIONAL GOALS OF THIS AGREEMENT. BNE WILL COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR 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 TASK FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AN OCEDTF AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO SUPPORT THE TASK FORCE WITH RESOURCES ON HAND, AND TO CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON AN ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DESKS, CHAIRS, PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT. - 5 - 4. BNE AND DEA AGREE TO UTILIZE THEIR RESPECTIVE FUNDS IN SUPPORT OF THE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS ASSIGNED TO THE TASK FORCE TO INCLUDE FUNDS FOR THE PURCHASE OF EVIDENCE AND INFORMATION, INVESTIGATIVE EQUIPMENT, TRAINING AND OTHER SUPPORT ITEMS. DEA WILL PROVIDE A FULLY EQUIPPED CLAN LAB TRUCK. 5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS OUTLINED), A VEHICLE SUITABLE FOR UNDERCOVER OPERATION AND ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTHER, PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANNUAL BASIS, THE COSTS ASSOCIATED WITH MEDICAL MONITORING REQUIRED BY BNE. 6. IT IS THE RESPONSIBILITY OF EACH PARTICIPATING AGENCY TO ENSURE THAT THEIR OFFICER, DEPUTY OR AGENT POSSESSES A VALID AND CURRENT CALIFORNIA DRIVERS LICENSE, FIRST AID CARD AND CPR CARD. EACH PARTICIPANT MUST ALSO BE PROFICIENT AND MAINTAIN THAT PROFICIENCY IN FIREARMS QUALIFICATION AS REQUIRED BY THE CALIFORNIA PEACE OFFICER STANDARDS AND TRAINING COMMISSION OR THEIR PARENT AGENCY. 7. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THOSE PERSONNEL ASSIGNED ARE AS FOLLOWS: - 6 - A. BNE SPECIAL AGENT SUPERVISOR A BNE SPECIAL AGENT SUPERVISOR HAVING EXPERIENCE AND EXPERTISE IN CLANDESTINE LABORATORY INVESTIGATIONS IS RESPONSIBLE FOR OVERALL ADMINISTRATION AND SUPERVISION OF THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. THE SPECIAL AGENT SUPERVISOR WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE DIRECTION, GUIDANCE, AND TRAINING IN THE CONDUCTING OF ILLICIT LABORATORY INVESTIGATIONS, PREPARATION OF BNE INVESTIGATIVE REPORTS AND FURTHER PREPARATION OF THOSE INVESTIGATIONS FOR SUCCESSFUL PROSECUTION, FEDERAL OR STATE. B. FOUR (4) BNE SPECIAL AGENTS, ONE (1) DEA SPECIAL AGENT, ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE (1) RPD OFFICER, (1) SBSD DEPUTY, (1) SBPD OFFICER. SWORN SPECIAL AGENTS, DEPUTIES AND OFFICERS ASSIGNED ON A FULL-TIME BASIS TO PERFORM THOSE INVESTIGATIVE DUTIES NECESSARY, IN ACCORDANCE WITH APPLICABLE AGENCY DIRECTIVES, TO ACCOMPLISH THOSE ENFORCEMENT GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. PARTICIPATION IN INVESTIGATIONS OTHER THAN ILLICIT LABORATORY INVESTIGATIONS BY BNE - 7 - PERSONNEL WILL REQUIRE THE APPROVAL OF THE BNE SAC. PARTICIPATION BY OTHER TASK FORCE MEMBERS ON INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY CASES WILL REQUIRE APPROVAL FROM THEIR MEMBER AGENCY. C. SUPPORT PERSONNEL (PART-TIME, AS-NEEDED BASIS): ONE (1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR, AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON A PART-TIME, CASE-BY-CASE BASIS, THE GOALS OF THIS TASK FORCE IN THE AREAS OF THEIR INDIVIDUAL EXPERTISE. D. SECRETARIAL SUPPORT BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO ACCOMPLISH THE GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. 8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH BNE FUNDS SHALL BE THE PROPERTY OF BNE AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST FIELD OFFICE OF BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY, - 8 - EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE DETERMINATION OF THE EXECUTIVE BOARD. 9. THE TASK FORCE SHALL MAINTAIN, ON A CURRENT BASIS, COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS UNDER THIS 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 TASK FORCE RECEIVE SUFFICIENT TRAINING TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES. - 9 - 10. BNE SHALL PERMIT AND HAVE READILY AVAILABLE FOR EXAMINATION AND AUDITING BY DEA OR THE UNITED STATES DEPARTMENT OF JUSTICE, THE CONTROLLER GENERAL OF THE UNITED STATES, OR ANY OF THEIR DULY AUTHORIZED AGENTS AND REPRESENTATIVES, ANY AND ALL RECORDS, DOCUMENTS, ACCOUNTS, INVOICES, RECEIPTS AND EXPENDITURES RELATING TO DEA FUNDS PURSUANT TO THIS AGREEMENT. IN ADDITION, BNE WILL MAINTAIN ALL SUCH FOREGOING REPORTS AND RECORDS UNTIL ALL AUDITS AND EXAMINATIONS ARE COMPLETED AND RESOLVED, OR FOR A PERIOD OF THREE (3) YEARS AFTER TERMINATION OF THIS AGREEMENT, WHICHEVER IS SOONER. 11. ALL PARTICIPATING AGENCIES WILL COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1954, AND ALL REQUIREMENTS IMPOSED BY OR PURSUANT TO THE REGULATIONS OF THE DEPARTMENT OF JUSTICE (CFR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT TO TITLE VI, RELATING TO DISCRIMINATION ON THE GROUNDS OF RACE, COLOR, CREED, SEX, AGE, SEXUAL PREFERENCE, OR NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES. 12. THE TERM OF THIS AGREEMENT SHALL BE FROM THE DATE OF EXECUTION, BY BNE, TO EIGHTEEN (18) MONTHS THEREAFTER. PARTICIPATION IN THE TASK FORCE MAY BE TERMINATED BY ANY PARTICIPATING AGENCY FOR GOOD CAUSE SHOWN BY NOTICE IN - 10 - WRITING GIVEN TO THE OTHER PARTIES THIRTY (30) DAYS PRIOR THEREOF. ALL OBLIGATIONS THAT ARE OUTSTANDING ON THE ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OF ANY THIRTY (30) DAY NOTICE OF TERMINATION SHALL BE LIQUIDATED BY BNE WITHIN NINETY (90) DAYS THEREOF. IN NO EVENT SHALL BNE INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OF NOTICE OF TERMINATION. 13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS REQUIRED BY STATUTE TO INCLUDE ADMINISTRATIVE COSTS WHEN A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED. BNE 25% DEA 12.5% RSD 12.5% RPD 12.5% & 12.5% SPD A SBSD 12.5% CHP 12.5% TOTAL 100% - 11 - THE ABOVE SCHEDULE WILL BECOME EFFECTIVE ONLY AFTER THE PROCEEDS OF THE FIRST $25,225 IN SEIZED ASSETS HAVE BEEN RECEIVED AND DISTRIBUTED AS FOLLOWS: RSO 25% $ 6,306 SBSD 25% $ 6,306 RPD 25% $ 6,306 SBPD 25% $ 6,306 100% $25,225 THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON THE RECEIPT OF ATTAINMENT OF THE $25,225 FIGURE, AT WHICH TIME THE FORMER SCHEDULE TAKES PRECEDENCE. 14. FOR THE PURPOSE OF INDEMNIFICATION, EACH PARTICIPATING AGENCY IN THE TASK FORCE SHALL BE RESPONSIBLE FOR THE ACTS OF ITS PARTICIPATING OFFICER(S) AND SHALL INCUR ANY LIABILITIES ARISING OUT OF SERVICES AND ACTIVITIES OF THOSE OFFICERS, WHILE PARTICIPATING IN THE TEAM IN THE LINE OF DUTY. PERSONNEL ASSIGNED TO THE TASK FORCE SHALL BE DEEMED TO BE CONTINUING UNDER THE EMPLOYMENT OF THEIR JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES, PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE CONFERRED UPON HIM/HER AS AN OFFICER IN THEIR OWN JURISDICTION. - 12 - 15. THE TERM OF THIS AGREEMENT SHALL BE FROM DECEMBER 1, 1988, TO MAY 31, 1990 (EIGHTEEN [18] MONTHS). THIS AGREEMENT MAY BE TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE IN WRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN ADVANCE. THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S) INDICATED BELOW. Phil ~~ in Charge California Bureau of Narcotic Enforcement Riverside Field Office /z/~/tfB Date ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California City Clerk By: Mayor Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~~ 7 ;2~~__ o - 13 - Attadm:nt #1 C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Captain Dan Robbins, Police Department FROM: Henry Empeno, Jr., Deputy City Attorney DATE: September 15, 1988 RE: Expenditures of Asset Forfeiture Funds This memo is in response to your request dated August 18, 1988 for our opinion regarding expenditures of asset forfeiture funds, i.e. funds accumulated by the City from its 65% share under Health & Safety Code Section l1489(b)(2)(A). Specifically, you question for what purposes can the City's Police Department spend forfeiture funds. Only two legal authorities specifically reference the City's expenditures of asset forfeiture funds: 1. San Bernardino Municipal Code Section 2.70.060(B) entitled "Sale of Forfeited Property" provides: "B. The proceeds from the sale of such forfeited property shall be deposited in the Special Deposits Fund of the City in a special acount designated by the Director of Finance and thereafter be disbursed by the department with the authorization of the City Administrator pursuant to the applicable City procedures and state and/or Federal laws." 2. Health and Safety Code Section l1489(d) states: "(d) All the funds distributed to the state or local governmental entity pursuant to subparagraphs (A) and (B) of paragraph (2) of subdivision (b) shall not supplant any state or local funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of these agencies." Although Federal asset forfeiture laws are similar, only state and local laws guide the City's actions in this particular case. Under state and local laws, the police department, with the authorization of the City Administrator, can spend asset forfeiture funds for any law enforcement purpose as long as these funds are supplemental to the present police department budget. Thus, the police department can spend these funds on police equipment, police vehicles, specialized training, and personnel salaries not normally funded or required in the police department budget. Please contact me if I can be of further assistance on this or any other matter. He~~ Deputy City Attorney HE/dys Attachrent #2 AGREEMENT AMORG CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT UNITED STATES DRUG ERFORCEMENT 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 THIS AGREEMENT IS MADE AND EHTERED INTO BY AND AMONG THE CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER "BNE"), THE DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL (HEREINAFTER "CHpl), THE RIVERSIDE COUNTY SHERIFF'~DEPARTMENT (HEREINAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER "RPD"), THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD). WHEREAS, THERE IS OVERWHELMING EVIDENCE THAT ILLICIT MANUFACTURING OF CONTROLLED SUBSTANCES EXISTS IN THE TWO-COUHTY GEOGRAPHICAL AREA OF RESPONSIBILITY, AND THAT SUCH ILLEGAL ACTIVITY HAS A SUBSTANTIAL AND DETRIMENTAL EFFECT ON THE HEALTH AND GENERAL WELFARE OF THE CITIZENS WITHIN THIS AREA. WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEING, FOR THEIR MUTUAL BENEFIT, TO PROVIDE FOR THE FORMATION OF A DRUG ENFORCEMENT TASK FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE (HEREINAFTER "TASK FORCE"), LOCATED IN THE CITY OF RIVERSIDE, WITHIN THE STATE OF CALIFORNIA, FOR THE PURPOSE OF A CONCERTED EFFORT IN THE INVESTIGATION AND PROSECUTION OF CASES BEFORE THE COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA, - 1 - INVOLVING ILLICIT LABORATORIES. SAID INVESTIGATION ACTIVITY WILL TARGET THOSE MANUFACTURING AND TRAFFICKING ORGANIZATIONS OPERATING IN OR AFFECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OF THE TASK FORCE ARE TO REDUCE THE SUPPLY OF, AND DEMAND FOR, PRECURSOR CHEMICALS, LABORATORY EQUIPMENT, AND ILLICIT MANUFACTURERS OF ILLEGAL DRUGS BY INCREASING THE RISKS INVOLVED IN THE POSSESSION, MANUFACTURE, TRANSPORTATION, OR SALE OF CONTROLLED SUBSTANCES; TO IMPROVE THE OPERATIONAL INTER-RELATIONSHIPS OF ALL PARTICIPATING FEDERAL, STATE, MUNICIPAL, AND COUNTY AGENCIES; TO EFFECTIVELY ACCUMULATE, ASSIMILATE, AND DISSEMINATE ILLICIT DRUG LABORATORY INTELLIGENCE AND RELATED CRIMINAL INFORMATION TO APPROPRIATE LAW ENFORCEMENT AGENCIES IN THE GEOGRAPHICAL AREA; AND WHEREAS, THE BNE CLANDESTINE LABORATORY PROGRAM IS A PROVEN METHOD OF DETECTING AND COMBATING THE PROBLEM OF ILLICIT MANUFACTURING; AND NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE, CONVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. THE BNE, DEA, RSD, RPD, SBSD, SBPD, AND CHP WILL, WITH THEIR OWN LAW ENFORCEMENT PERSONNEL AND EMPLOYEES AS HEREINAFTER SPECIFIED, PERFORM THE ACTIVITIES AND DUTIES AS DESCRIBED BELOW: - 2 - A. GATHER AND REPORT INTELLIGENCE DATA RELATING TO CLANDESTINE LABORATORY OPERATORS; B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE CLANDESTINE LABORATORY OPERATORS; C. CONDUCT ENFORCEMENT OPERATIONS, COVERT AND OVERT, AND ENGAGE IN SUCH OTHER TRADITIONAL METHODS OF INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE CLANDESTINE LABORATORY TASK FORCE RESULT IN EFFECTIVE PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF CALIFORNIA; D. COOPERATE TO PROVIDE LOCAL LAW ENFORCEMENT AND PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK FORCE. 2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IN CHARGE OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLUDE THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES HAVING FULL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE. - 3 - A. THE EXECUTIVE BOARD SHALL MEET QUARTERLY FOR THE PURPOSE OF REVIEWING REPORTS RELATIVE TO THE PROGRESS, FUNCTIONS, AND SPECIAL DUTIES OF THE TASK FORCE, AND TO EVALUATE ITS EFFECTIVENESS. B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTE. C. FINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK FORCE SHALL REST WITH THE AGENCY PROVIDING THAT RESOURCE. D. ALL DEA AGENTS AND ALLIED AGENCY PERSONNEL ASSIGNED TO THE TASK FORCE SHALL ADHERE TO ALL BHE POLICIES AND PROCEDURES. FAILURE TO DO SO SHALL BE GROUNDS FOR DISMISSAL FROM THE TASK FORCE. UNLESS EXPRESSLY PROVIDED FOR THEREIN, THE POLICY, RULES, PROCEDURES, AND REGULATIONS OF THE PARENT AGENCY SHALL APPLY. E. AT NO TIME SHALL DUTIES PERFORMED BY TASK FORCE AGENTS IN THE INVESTIGATION OF CLANDESTINE LABS CONFLICT WITH THE BNE AND BUREAU OF FORENSIC SERVICE (BFS) CLANDESTINE LABORATORY MANUAL OF INSTRUCTION AND PROCEDURE. - 4 - F. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE BOARD WILL RESOLVE ANY CONFLICTS THAT MAY ARISE BETWEEN BNE AND DEA LABORATORY MANUALS. 3. THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TASK FORCE WILL BE A FULL-TIME COMMITMENT FOR A PERIOD OF EIGHTEEN (18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BRE AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO SUPPORT OPERATIONAL GOALS OF THIS AGREEMENT. BNE WILL COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR 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 TASK FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AR OCEDTF AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO SUPPORT THE TASK FORCE WITH RESOURCES ON HAND, AND TO CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON AN ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DESKS, CHAIRS, PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT. - 5 - 4. B8B AND DBA AGREE TO UTILIZE THEIR RESPECTIVE FUNDS IR SUPPORT OF THE ACTIVITIES OF DEPUTIES. OFFICERS AND AGENTS ASSIGNED TO THE TASK FORCE TO INCLUDE FUNDS FOR THE PURCHASE OF EVIDENCE AND INFORHATION, INVESTIGATIVE EQUIPMENT, TRAINING AND OTHER SUPPORT ITEMS. DEA WILL PROVIDE A FULLY EQUIPPED CLAN LAB TRUCK. 5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS OUTLINED), A VEHICLE SUITABLE FOR UNDERCOVER OPERATION AND ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTHER. PARTICIPATING AGENCIES AGREE TO PAY. ON AN ANNUAL BASIS, THE COSTS ASSOCIATED WITH MEDICAL MORITORING REQUIRED BY BNE. 6. IT IS THE RESPONSIBILITY OF EACH PARTICIPATIRG AGENCY TO ENSURE THAT THEIR OFFICER, DEPUTY OR AGENT POSSESSES A VALID AND CURRENT CALIFORNIA DRIVERS LICENSE, FIRST AID CARD AND CPR CARD. EACH PARTICIPANT MUST ALSO BE PROFICIENT AND MAINTAIN THAT PROFICIENCY IN FIREARMS QUALIFICATION AS REQUIRED BY THE CALIFORNIA PEACE OFFICER STANDARDS AND TRAINING COMMISSION OR THEIR PARENT AGENCY. 7. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THOSE PERSONNEL ASSIGNED ARE AS FOLLOWS: - 6 - A. BBE SPECIAL AGENT SUPERVISOR A BNE SPECIAL AGENT SUPERVISOR HAVING EXPERIENCE AND EXPERTISE IN CLANDESTINE LABORATORY INVESTIGATIONS IS RESPONSIBLE FOR OVERALL ADMINISTRATION AND SUPERVISION OF THE INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. THE SPECIAL AGENT SUPERVISOR WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE DIRECTION, GUIDANCE, AND TRAINING IN THE CORDUCTING OF ILLICIT LABORATORY IRVESTIGATIONS, PREPARATION OF BNE INVESTIGATIVE REPORTS AND FURTHER PREPARATIOB OF THOSE INVESTIGATIONS FOR SUCCESSFUL PROSECUTION, FEDERAL OR STATE. B. FOUR (4) BNE SPECIAL AGERTS, ONE (1) DEA SPECIAL AGENT, ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE (1) RPD OFFICER, (1) SBSD DEPUTY, (1) SBPD OFFICER. SWORN SPECIAL AGENTS, DEPUTIES AND OFFICERS ASSIGNED ON A FULL-TIME BASIS TO PERFORM THOSE INVESTIGATIVE DUTIES NECESSARY, IN ACCORDANCE WITH APPLICABLE AGENCY DIRECTIVES, TO ACCOMPLISH THOSE ENFORCEMENT GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY TASK FORCE. PARTICIPATION IN INVESTIGATIONS OTHER THAN ILLICIT LABORATORY INVESTIGATIONS BY BNE - 7 - PERSONNEL WILL REQUIRE THE APPROVAL OF THE BNE SAC. PARTICIPATION BY OTHER TASK FORCE MEMBERS ON INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY CASES WILL REQUIRE APPROVAL FROM THEIR MEMBER AGENCY. C. SUPPORT PERSONNEL (PART-TIME, AS-REEDED BASIS): ONE (1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR, AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON A PART-TIME, CASE-BY-CASE BASIS, THE GOALS OF THIS TASK FORCE IN THE AREAS OF THEIR INDIVIDUAL EXPERTISE. D. SECRETARIAL SUPPORT BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO ACCOMPLISH THE GOALS OF THIS INLAND EMPIRE CLANDESTIRE LABORATORY TASK FORCE. 8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH BRE FUNDS SHALL BE THE PROPERTY OF BNE AND, AT THE TERMIRATION OF THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST FIELD OFFICE OF BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY, - 8 - EQUIPKEHT, AUTOMOBILES, PURHITURE, PURHISHINGS OP WHATEVER KI.D OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED AGENCY PUNDS SHALL BE THE PROPERTY OP THAT ALLIED AGENCY AND, AT THE TERMINATION OP THIS AGREEMENT AND WITH NO NEW AGREEMENT REACHED, SHALL BE DELIVERED TO THE HEAREST OPPICE OP THAT AGENCY. ANY SUCH PROPERTY WHICH IS DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH HEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE DETERMINATION OF THE EXECUTIVE BOARD. 9. THE TASK FORCE SHALL MAINTAIN, ON A CURREHT BASIS, COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AHD ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS UNDER THIS AGREEMENT IN ACCORDAHCE WITH GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE INSPECTIOH AND AUDITING OF SUCH RECORDS AND ACCOUNTS. INVESTIGATIVE REPORTING WILL BE ACCOMPLISHED USIHG BNE FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL PARTICIPANTS IN THE TASK FORCE RECEIVE SUFFICIENT TRAINING TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES. - 9 - 10. BR. SHALL PERMIT AND HAVE READILY AVAILABLE FOR EXAKIRATIOR ARD AUDITING BY DEA OR THE URITED STATES DEPARTMENT OF JUSTICE, THE CONTROLLER GENERAL OF THE UNITED STATES, OR ANY OF THEIR DULY AUTHORIZED AGERTS AND REPRESENTATIVES, ANY AND ALL RECORDS. DOCUMENTS. ACCOUNTS, IRVOICES. RECEIPTS AND EXPENDITURES RELATIRG TO DEA FURDS PURSUANT TO THIS AGREEMENT. IR ADDITIOR' BNE WILL MAINTAIN ALL SUCH FOREGOING REPORTS AND RECORDS UNTIL ALL AUDITS AND EXAMINATIORS ARE COMPLETED AND RESOLVED. OR FOR A PERIOD OF THREE (3) YEARS AFTER TERMINATIOR OF THIS AGREEMERT, WHICHEVER IS SOONER. 11. ALL PARTICIPATING AGENCIES WILL COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1954, AND ALL REQUIREMENTS IMPOSED BY OR PURSUANT TO THE REGULATIONS OF THE DEPARTMENT OF JUSTICE (CFR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT TO TITLE VI. RELATING TO DISCRIMINATION ON THE GROURDS OF RACE. COLOR, CREED. SEX. AGE, SEXUAL PREFERENCE, OR NATIONAL ORIGIN AND EQUAL EMPLOYMERT OPPORTUNITIES. 12. THE TERM OF THIS AGREEMERT SHALL BE FROM THE DATE OF EXECUTION. BY BNE. TO EIGHTEEN (18) MONTHS THEREAFTER. PARTICIPATION IN THE TASK FORCE MAY BE TERMINATED BY ANY PARTICIPATING AGENCY FOR GOOD CAUSE SHOWN BY NOTICE IN - 10 - WRITING GIVEN TO THE OTHER PARTIES THIRTY (30) DAYS PRIOR THBRBOP. ALL OBLIGATIONS THAT ARE OUTSTANDING ON THE ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OP ANY THIRTY (30) DAY NOTICE OP TERMINATION SHALL BE LIQUIDATED BY BNE WITHIN NINETY (90) DAYS THEREOP. IN NO EVENT SHALL BNE 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 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 WREN A FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED. BNE 25% DEA 12.5% RSD 12.5% RPD 12.5% 6 12.5% SPD A SBSD 12.5% CHP 12.5% TOTAL 100% - 11 - 14. T" ABOVE SCHEDULE WILL BECOKE EFFECTIVE ONLY AFTER THE pa~.DS OF THE FIRST $25,225 IN SEIZED ASSETS HAVE BEEN RICIIVED AND DISTRIBUTED AS FOLLOWS: RSO 25% $ 6,306 SBSD 25% $ 6,306 RPD 25% $ 6,306 SBPD 25% $ 6,306 100% $25,225 THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON THE RECEIPT OF ATTAINMENT OF THE $25,225 FIGURE, AT WHICH TIME THE FORMER SCHEDULE TA~ES PRECEDENCE. ~ FOR THE PURPOSE OF INDEMNIFICATION, EACH PARTICIPATING ~ , AGENCY IN THE TASK FORCE SHALL BE RESPONSIBLE FOR THI ACTS OF ITS PARTICIPATING OFFICER(S) AND SHALL INCUR ANY LIABILITIES ARISING OUT OF SERVICES AND ACTIVITIES OF THOSE OFFICERS, WHILE PARTICIPATING IN THE TEAK IN THE LINE OF DUTY. PERSONNEL ASSIGNED TO THE TASK FORCE SHALL BE DEEMED TO BE CONTINUING UNDER THE EMPLOYKENT OF THEIR JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES, PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE CONFERRED UPON HIM/HER AS AN OFFICER IN THEIR OWN JURISDICTION. - 12 - ^T 15. THE TBaa OP THIS AGREEMEBT SHALL BE PROM DECEMBEt 1, 1988, TO MAY 31, 1990 (BIGHTEEN [18] MONTHS). THIS AGtEEMENT MAY BE TEtMINATED BY ANY OP THE PARTIES POR GOOD CAUSE SHOWB BY NOTICE IN WtITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IB ADVANCE. THE PARTIES, BY THEIR DULY AUTHORIZED OPPICIALS, HAVE EXECUTED THIS MEMORANDUM OP UNDERSTANDING OR THE RESPECTIVE DATE(S) INDICATED BELOW. Phil ~~ in Charge California Bureau of Narcotic Enforcement Riverside Field Office -:; /z/~/88 Date ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California City Clerk By: Mayor Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: - 13 - Attachment #3 ~ITY OF SAN SEra. ~ARDINO - MEMORANDU~. To CAPTAIN D. ROBBINS From LT. L. RICHARDS .:iubject INLAND EMPIRE CLANDESTINE LAB TASK FORCE Date 9-16-88 APprove~J Date I recommend that a Detective P-2 be assigned to the newly formed Bureau of Narcotic Enforcement Inland Empire Clandestine Lab Task Force based in Riverside. The officer would be assigned for a period of 18 months. The officer can be assigned to the task force from the current authorized budget P-2 position in the Narcotics Division. The officer's wages and fringe benefits are in the current 1988/89 budget and will be requested in the 1989/90 budget. The other costs to be incurred will be overtime, car lease, gas, oil, medical examinations and training. The overtime will be paid by the task force as per agreement and the other costs can be paid from the asset forfeiture fund. The cost breakdown is as follows: Budgeted city funds for 18 months $59,674.68 20,399.76 $80,074.44 wages (including 6% pay raise) fringe benefits State task force funds $ 6,450.00 overtime Asset forfeiture funds $ 6,300.00 2,700.00 1,727.60 200.00 $10,927.60 car lease gas and oil training medical exam $97.452.04 Total cost for 18 months AttadTrEnt #4 ~ITY OF SAN BEF. JARDINO - MEMORANDU~ ~ ..-ubject Clandestine Laboratory Task Force Program/ Personnel Funding From Captain D.A. Robbins Date 29-Sep-88 To Chief Donald J. Burnett Approved Date Program funding will be handled through the Finance Department. There will be a special account established similar to the manner in-which grant funds are handl ed. Every qua rter a check wi 11 be made out to the City of San Bernardino from the Asset Seizure Fund, and charged as a credit to the account. This will allow for proper tracking and monitoring of funds as stated by the Director of Finance, Andrew Green. 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