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HomeMy WebLinkAbout16-police Department aTY OF SAN BERNARDINO - REQUEST FOR coUNa~A L From: Michael A Billdt, Chief of Police Subject: Resolution of the Mayor and Conunon Council of the Gty of San Dept: Police Department Bernardino authorizing the execution of the Amendment to the Memorandum of Date: March 17,2009 Understanding (MOD) with the San Bernardino County Auto Theft Task Force (SANCATI). M/CCDATE: May 18, 2009 Synopsis of Previous Council Action: Resolution # 96- 21 adopted on January 22, 1996. Resolution # 06-352 adopted on October 2, 2006 Recommended Motion: Adopt Resolution. ~~ MICHAEL A BILLDT, o-IIEF OF POLICE Contact person: Captain Scott Paterson Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $15,000 annually Source: Account # 001-218-5173 Finance Council Notes: /J Ie Csu ;Zoo 9 - /.2/ Agenda Item NO...J (p '5'Ii-O't 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 the Amendment to the Memorandum of Understanding (MOU) with the San Bernardino Auto Theft Task Force (SANCATT). BACKGROUND On January 22, ] 996, the City Council ratified Resolution #96-2] authorizing the execution of a Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCA TT). That MOU outlined the operating agreement between the participating organizations. Salaries and benefits associated with the three positions provided by San Bernardino Police Department are reimbursed from the task force fund. Reimbursed payroll costs for FY 07/08 totaled $476,628.83. SANCA TT is a county wide task force which investigated ] ,309 auto theft related cases, made] 92 arrests and recovered 489 vehicles in 2008 with a total value of recovered property over $7 million. The efforts of SANCA TT and SBPD have resulted in a significant drop in auto theft in the city of San Bernardino over the last four years, most notable a ] 9.7] % drop in 2008. The following proposed changes request that member agencies, to include San Bernardino Police Department, assume the cost of vehicle fuel and maintenance. The San Bernardino Police Department has one sergeant and two officers assigned to SANCA TT. The proposed change will require the City of San Bernardino to pay for fuel and maintenance for the vehicles assigned to our officers. Please note that there was a delay in receiving the documents from the allied county agencies. The documents have been received and are now being submitted for approval. Revised Section VII, EQUIPMENT A. Vehicles The City of San Bernardino will pay maintenance and fuel costs of vehicles assigned to San Bernardino Police Officers in the Task Force. Fuel and maintenance costs of SBPD officers, previously paid by SANCATT, will be reimbursed by the City of San Bernardino. These reimbursements will be based on invoices submitted to the City of San Bernardino from the Sheriff Department's Accounting Office who holds the Task Force fiscal management. FINANCIAL IMPACT Based on a review of past vehicle fuel and maintenance expenditures, the cost to the San Bernardino Police Department will be approximately $] 5,000 annually based on the proposed amendment to the MOU. The current police department's budget can absorb the $]5,000 vehicle cost expenditure. The Investigations lieutenant will closely monitor vehicle expenditures to mitigate costs. Funding will be transferred into Account #00] -2] 8-5] 73 (outside vehicle maintenance) to cover these costs. RECOMMENDA nONS Adopt Resolution. BERNARDINO COUNTY AUTO THEFT TASK FORCE November 13, 2008 Executive Committee Members San Bernardino County Auto Theft Task Force 710 North D Street San Bernardino, CA 92401 Dear Executive Committee Members: Attached is the Sixth Amendment to the San Bernardino County Auto Theft Task Force Memorandum of Understanding (MOU). The MOU has been updated to reflect current signature blocks and a change in fiscal procedures for fuel and maintenance costs for Task Force vehicles. The Executive Committee at the September 15, 2008 committee meeting ratified each Amendment. Please sign both the original MOU, as well as the Sixth Amendment to the MOU, as there are two separate signature blocks. Please contact me if you have any questions, and I thank you for your continued support of SANCATT operations. 8'""22 eve Urrea, Lieutenant ask Force Coordinator San Bernardino County Auto Theft Task Force - SUfjl 710 NORTH D. STREET, SAN BERNARDINO, CA 92401 . 909.388.4898 . FAX 909.388.4895 SIXTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE Whereas, on September 15, 2008, the Sixth Amendment to the Memorandum of Understanding for the San Bernardino County Auto Theft Task Force was revised to reflect the change of financial responsibility for the task force vehicle's fuel and maintenance to the participating parent agency. The signature block for Executive Members was also revised to reflect current members. Revise Section VII - EQUIPMENT Change the financial responsibility of fuel and maintenance for Task Force vehicles to the participants' parent agency. A. Vehicles Maintenance and fuel costs of vehicles assigned to the Task Force will be paid by the participants' parent agency. Fuel and maintenance costs provided by the Task Force will be reimbursed by the participants' parent agency. These reimbursements will be paid from invoices submitted to the participants' parent agency from the Sheriff's Department's Accounting Office who holds the Task Force fiscal management. Revise Section XIV, SIGNATURES XIV. SIGNATURES The undersigned state that they represent and have authority to execute this Agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the San Bernardino County Auto Theft Task Force as set forth in this Agreement and for the period and purposes as stated herein. ((-r7-og Date mou.amend-6 MOU Amendment 6 Page 2 of2 September 15, 2008 "c-~~ J If Talbott hief, California Highway Patrol Michael Billdt Chief of Police, City of San Bernardino RJ~ utEJ' David Goldberg Chief Investigator, Dept. of '~-'" Michae Smit Chief of Investigations San Bernardino County District Attorney's Office APPROVED AS TO FORM: James F. Penman, City Attorney 9,~ ',' ;:... ~ .. ...., '''''. \ d-. - \L, - G"8:. Date / ~-2-O!3 Date ~ Date n/JQ/c8 Date // h<7~ r D'ate mou.amend-6 MOU Amendment 6 Page 3 Lori Sassoon, Acting City Manager City of San Bernardino Date MEM RANDUM F UN NDI SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE December 1,1995 CONFIDENTIAL I. OVERVIEW Vehicle theft has become the most costly of all property crimes, and is an American epidemic. It imQacts over four million Americans each year at a cost exceeding $10 billion. This represents almost half (48%) of the dollar loss of all crimes combined. California led the nation in 1994 with approximately 3001000 vehicle thefts, 40,000 of which were never recovered. DurinQ tnis same year in San Bernardino County, a total of 20,311 vehicles were stolen at a cost to the citizens of almost $122 million. While vehicle thefts decreased statewide in 1994 by 4.4%, in San Bernardino County during the same time period they increased by 10.1 %. In an effort to combat this growing crime problem, and to address mounting public concern, the California Legislature passed into law Senate BilT 2139 (Vehicle Code Section 9250.14). As stated this bill authorizes the County Board of Supervisors to impose a $1 fee on all vehicles registered in the County at the time of registration renewal, to enhance fhe capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In May of 1995 the San Bernardino Coun1y Board of Supervisors adopted a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi-jurisdictional vehicle theft task force. The resolution was adopted unanimously and results in an additional $1.00 fee to be charged on each San Bernardino County new and renewal vehicle registration. The fee increase is scheduled to begin effective October I, 1995 and will be continuously appropriated, without regard to fiscal years. II. MISSION STATEMENT To reduce the incidence of vehicle theft/car-jackings and increase the ~pprehension of the professional vehicle thief, the San Bernardino County Auto Theft Task Force will accomplish the following: 1. Interface with the California Highway Patrol Investigative Services Unit (Vehicle Theft)) DMV, Dept of Insurance (DOl), DOJ, FBI and all agencies Within San Bernardino County for the sharing of intelfigence information related to vehicle theft. San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 2 2. Increase the number of arrests of vehicle theft and car jacking suspects, particularly the professional thieves participating in the ~urgical stripping, renumbering for resale, exportation, and car JacKing. Identify locations that are used in connection with vehicle theft offenses and take appropriate enforcement action. These locat)ons may include legitimate business loc.ations (e.g..,. repair/body shops and dlsmantlers) used for Illegal activities and the sites of "chop shop operations." Identify local trends and patterns of vehicle theft and car- jacking activity to be targeted by task force investigators. Increase the recovery rate of stolen vehicles and reduce the number of car-jacking incidents in San Bernardino County. Provide centralized repository for vehicle theft expertise, support, coordination, and information data base. In cooperation with the San Bernardino County District Attorney increase the number of felony prosecutions for vehicle theft ana car-jacking suspects, particularly the professional thieves partlcip8:ting in the s,-!rgic.al stripping, renumbering for resale, exportation, and car-Jacking. Conduct business inspections pursuant to section 2805 of the California Vehicle Code, for the purpose of investiqating the title and registration of vehicles to establish the rigntful ownership or possession of the vehicle or identifiable vehicle component part. Provide a forum for public awareness relating to vehicle theft prevention and trends throuqhout San Bernardino County. This will be accomplished througf1 coordination with the local media to publicize the vehicle theft problem and task force activities, thereby enco.uraqil")g public participation while discouraging potential vehicle lhleves. 3. 4. 5. 6. 7. 8. 9. September 15. 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 3 III. TASK F'ORCE 'ORGANIZATI'ON A. Executive Committee The Executive Committee shall be comprised of five members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees", and ttie San Bernardino County District Attorney. The Executive vommittee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney's Chief of InvestiQations, and the Police Chiefs of Fontana and San Bernardino. The D'OI representative will sit on the committee as a non-voting member. Members of the Executive Committee will meet semi-annually, or as necessary, to review task force operations and to provide direction, guidance, and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by majority vote, provided a quorum of the committee is present and voting. A quorum is defined as a minimum of four voting members. B. Task Force Coordinator The Task Force Coordinator's position will be staffed full time by a lieutenant provided by the California Highway Patrol. The Coordinator will be responsible for management resp'onsibilities of the task force and will be directly accounfable to the Executive Committee for task force operations. Salaries and benefits will be paid by the California Highway Patrol and will not be reimbursed from the task force fund. C. SupeNisor The Task Force SupeNisor's position will be staffed by a sergeant provided by the San Bernardino Police Department. This sergeant will be selected by the Task Force Coordinator with inQut from the Police Department and concurrence of the Executive Committee. The sergeant will supeNise all subordinate members of the task force and provide necessary input for performance evaluations to the parent agency. Salary and benefits associated with this position Will be reimbursed from the task force fund to the parent agency. The reimbursement percentage will be determined by the Executive Committee. September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 4 D. Prosecution Staff The District Attorney's Office has established a vehicle theft prosecution team funded through money collected pursuant to CVC 9250.14. This team will work directly with the task force to provide leqal review and will file cases warranting a criminal complaint. All vel1icle theft task force cases will be vertically prosecuted. If warranted, federal prosecution will be pursued by the appropriate attorney's office. E. Investigators The task force shall be staffed by qualified investigators recommended for assignment by the participating agencies. The task fqrce will be composed of personnel from the following agencies: o California Highway Patrol (CHP) - 1 Lieutenant, 2 Investigators o San Bernardino Police Department -1 Sergeant, 2 Investigators o San Bernardino County Sheriff's Department - 2 Detectives o Fontana Police Department - 1 Investigator o National Insurance Crime Bureau (NICB) - 1 Special Agent o Department of Insurance - 1 Investigator o San Bernardino County District Attorney - 1 Investigator Assignment to the task force will be for a minimum of two years. Due to the critical nature of the position, personnel recommended to the task force will be subject to selection interviews by the Task Force Coordinator and Supervisor. Consideration for placement on the task force is given based on past job performance, investigative experience, and the ability to worK with others in a close, team relationship. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force and transferred back to his/her department. If the Task Force Coordinator has cause to replace a member, he/she shall discuss the issue with the parent agency. If the parent agency does not concur with the decision of the Task Force Coordinator to remove and replace the task force member, the issue shall be forwarded to the Executive Committee for final resolution. It is agreed, however, that the resolution of operational problems at the lowest level is in the best interest of the task force. September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 5 Salaries and benefits associated with these investigators will be reimbursed from the task force fund to the participating agencies. The reimbursement percentage will be determined by fhe Executive Committee. Any participation by the CHP, DOl FBI District Attorney's Office and NICB in Hie task force wil[ not be reimbursable through the task force funds. Members assigned to the Task Force whose salaries are reimbursed QY the Task Force fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. F. Administrative Support Staff One Transcribing Typist II and one Fiscal Clerk II will be Rrovided by the Sheriff's Department and assigned to the task force. These positions will support field and staff operations, and will provide clerical liaison to the parent agencies. The salary for Fiscal Clerk II position will be fully reimbursed from the task force fund. The salary for the Transcriber Typist II will be fully reimbursed from the District Attorney's Office through money collected pursuant to CVC 9250.14. G. National Insurance Crime Bureau (NICB) Investigator One full time NICB Investigator will be assigned to the task force as a coordinator between the task force and NICB. All salary, benefits, overtime, per diem, and business expenses for this team member will be paid by NICB and not reimbursed by the task force fund. H. Department of Insurance One full time 001 Investigator will be assigned to the task force as an investigator. All salary, l::5enefits, overtime, per diem, business expenses, and vehicle expenses for this team member will be paid by the 001 and not reimbursed by the task force fund. A vehicle will also be provided by the 001. I. California Highway Patrol Two full time vehicle theft investigators will be provided by the California Highway Patrol. Withlhe exception of travel, per diem and overtime expense, all salary and benefits for these team members will be paid by the CHP and will not be reimbursed from task force funds. J. San Bernardino County District Attorney's Office September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 6 One full time District Attorney's Investigator will be assigned to the task force as an investigator. All salary, benefits, overtime, per diem, business expenses, ana vehicle expenses for this team member will be paid by the District Attorney's Office and not reimbursed by the task force fund. A vehicle will also be provided by the District Attorney's Office. K. Participating Agency For the purposes of this memorandum of understanding, a "Participating Agency" is defined as any' law enforcement agency which has an employee assigned specifically to this task force, regardless of the status of reimbursement from allocated funds. IV. FISCAL PROCEDURE A. Task Force Fund The task force fun~1 established pursuant to CVC Section 9250.14, will be administerea by the San Bernardino County Sheriff's Department. Re~uesfs for the expenditure of funds will require the approval of the Executive Committee based on a simple majority vote o approval. The Task Force Coordinator will be authorized to expend an amount approved by the Executive Committee for the operational needs of the task force. Any operational needs of the task force exceeqing this amount will require prior approval of the Executive Committee. Each quarterly payment received from the State Controllers Office shall be set aside by the task force accountant into a single account to pay salaries and operating expenses. Such expenditures shall be itemized and be part of the fiscal budget which has been approved by a majority of the Executive Commiftee. Any funds not expended shall be kept in reserve in the event future expenses exceed anticipated revenues. B. Salaries and Benefits The Task Force Coordinator, personnel from the National Insurance Crime Bureau, Department of Insurance the California Highway Patrol, and the San Bernardino County District Attorney's Office will not be reimbursed by the task force fund for salary and benefits. The salary and benefits of all remaining task force members will be reiml5ursed to the participating departments by the task force fund. The percentage at which participating agencies are reimbursed for personnel salaries and benefits willl:ie determined by the Executive Committee. Approved overtime, per diem and business related expenses will be fully reimbursed for all task force personnel (excluding the Department of Insurance Investigator and the San September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 7 Bernardino County District Attorney's Investigator) by the task force fund. Those personnel assigned to the task lorce on a reimbursable basis will be paid through the payroll section of their parent agency. Reimbursement will then be provided to the parent agenQY by the task force fund. It shall be the responsibility of the Task Force Coordinator to institute a system of checks and balances whereby the hours of each participant will be authorized and audited for accuracy. This information will be reported to the agencies' appropnate time ke~per, with a copy submitted to the San Bernardino County Sheriff's Department accountant. The Task Force Coordinator will also retain a copy of this record. Members assigned to the task force whose salaries are reimbursed by the task force fund shall be on full time assignment to the task force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. C. Participant Claims for Reimbursement Participating agencies shall request reimbursement for task force members' regular salaries, benefits, overtime, business expenses and per diem from the tasK force fund and will be reimbursed after DMV fees for that quarter have been deposited. Reimbursement will only be made based on actual hours of program participation. Reimbursement claims by task force members for reimbursable travel, per diem, lodging, materials, or services shall be approved by the Task Force Coordinator and submitted on an approved claim form to the members' parent agency. Requests for reimbursement from the_parent C!.qency shall be SUbmitted to the San Bernardino County Sheriff's Department no later than the 15th day of the month following the end of the quarter the participant worked. It will be the responsibility of the task force accountant to develop a format for claiming expenses with appropriate back-up detail information and to provide a sample of the document to the parent agency. This document will then be used by each participating agency for claiming any expenses incurred as a result of participation in the task force. payr:nent of the claim will be processed within 30 days of receipt of invOice. In the unlikely event that revenues fall short of what is required for reimbursement, reimbursement shall be made on a prorate share basis. In no event will general revenues of the County be used to offset any such shortage. D. Right to Audit Each party to this Agreement shall make available to the County of San Bernardino, at all reasonable times, its payroll and other records relating to this agreement. The County or independent auditor may September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 8 audit such records and if the County determines that ineligible costs have been reimbursed the agency shall immediately repay the amount determined to be ineligible. If not repaid within 30 days, the County may hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of the required records for a period of three years after the date the expense IS reimbursed. Task Force funds shall be audited at the direction of the Executive Committee. This audit will normally be conducted by a private firm. The cost of the audit will be paid from the task force fund. E. Overtime An overtime bank will be established based upon the actual employer cost of 100 annual hours per employee. Reimbursement will be at the rate of 25 hours on a quarterly basis, at the established rate for each employee. The Task Force Supervisor with oversight of the coordinator will control the overtime use. Controls and accountability will be in place, and all overtime use will require pre-approval and justification. If operational necessity should exceed the 1 OO-hour bank, each participating agency agrees to absorb the costs for their respective employee. F. Indirect Costs The County of San Bernardino, through the Sheriff's Department, receives and is the Financial Adminisfrator for all source funds for the San Bernardino County Auto Theft Task Force. As such, a significant amount of management time will be required for the administration of the funds. Costs associated with the administration of these funds will be reimbursed to the San Bernardino County Sheriff's Department. Requests for reimbursement of administrative costs will be subject to approval by the Executive Committee. G. Confidential Fund A Confidential Fund shall be established for use by the San Bernardino County Auto Theft Task Force. These funds shall only be used as necessary in the performance of duties relating to task force activities. Such usage will be limited to special and extraordinary expenses incurred during the investigation of vehicle thefts. Authorization to use these funds willbe determined by the Task Force Coordinator and will conform to standards and policies September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 9 established for the San Bernardino Sheriff's Department. The Confidential Fund will be funded from task force revenues and will normally not exceed a balance of $5,000. Any increase in the Confidential Fund balance will be approved by the Executive Committee. V. LIABILITY Each Qarticipating agency in the San Bernardino County Auto Theft Task Force shall 11ave fun financial responsibility for their respective investigators while assigned to the task force, including industrial injury claims, vehicle accidents, and third party claims lor monetary damages arising from vehicle accidents and other alleged torts. Additionally, the agency shall also be responsible for any and all workers' compensation claims of their respective investigator if he/she should become injured in the course and scope of his/her duties while assigned to t11e task force. San Bernardino County, its officers, agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of its officers or employees; and participating agencies shall hold the County, its officers and employees harmless from any and all claims and damages resulting therefrom. Participating agencies and the County shall Fiold each other harmless from fhe liaoilil'y for negligent acts or omissions of the other. Each party to this Agreement agrees to defend, indemnify, and hold harmless the other parties to thiS Agreement in regard to any liability imp'os~d on the agreeing parties. due to the negligent acts or omiSSions of another party's assigned employee(s). VI. OPERATION LOCATION Appropriate space will be provided to house task force members and related equipment by the San Bernardino Police Department at no cost to the task force. The task force main office will be located at 767 North E Street San Bernardino Ca. 92401. At a future date to be determined by the Executive Committee, a satellite office may be established in the high desert. VII. EQUIPMENT The Task Force Coordinator will be accountable for equipment assigned to the task force and will utilize approved San Bernardino September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 10 County procedures for procuring, accounting and safeguarding fixed assets. A. Vehicles The National Insurance Crime Bureau (NICB) has agreed to provide vehicles at no cost for use by task force investigators. In the event the task force is unable to provide a vehicle to the assigned member through .task force resources, participating agencies agree to provide thiS eqUipment. Maintenance and fuel costs of vehicles assigned to the Task Force will be paid by the participants' parent agency. Fuel and maintenance costs provided by the Task Force will be reimbursed by the participants' parent agency. These reimbursements will be paid from Invoices submitted to lhe participants' parent agency from the Sheriff's Department's Accounting Office who Iiolds the Task Force fiscal management. B. Communications Equipment Hand-held radios and pagers will be purchased in cooperation with the Sheriff's Automotive Section and paid for by the task force fund. The Coordinator, supervisor, and eacl1 investigator will be provided with a radio, cellular telephone, and pager. Procedures will be developed to ensure proper use and accountability of this equipment. C. Other Equipment Other equipment including in-house covert equipment, office equipment, computers, hand tools, cameras, video cameras, and the Iikel will be purchased or leased with monies from the task force fund ana provided for use by task force investigators. Situations requiring air support, unique vehicles, or other unique items will require cooperative scheduling and assistance from the member departments. D. Disbursement of Task Force Assets At the conclusion of the funding authorized by CVC 9250.14, all fixed assets of this task force will be distributed to the participating agencies by the Executive Committee. As required by law, any unused funds will be returned to the State Controllers office. VIII. UNDERCOVER DOCUMENTS September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 11 The use of covert identities to support or enhance undercover operations is essential. This will require that investigators I?ossess undercover California driver's licenses and other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agency. Investigators will be Eilxpected to bring covert documents witf\ them at time of assignment. IX. ASSET FORFEITURE SHARING Task force operations which result in the potential for either State or Federal asset seizures shall be brought to the attention of the Task Force Coordinator for a decision as to whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Allocation of any forfeited funds will be determined by the Executive Committee. X. STANDARD OPERATING PROCEDURES All task force members shall abide by the Standard Operating Procedures Manual (SOP) which shall be prej:lared by the Task Force Coordinator with the assistance of the Task Force Supervisor. The completed SOP will be sublect to the review and approval of the Executive Committee. The SOP shall specify I?olicies and proCEilc;!ures for task force operations and shall include the following specific Items: A. In any case where the policies or procedures of the task force conflict with those of the member's parent agency, the member shall abide by the policies of his or her own agency. Conflicts not resolved by the supervisor will be referrecfto Hie Task Force Coordinator for resolution. B. The investigation of officer involved shootings shall be conducted oy the law enforcement agency fiaving /'urisdiction over the area of occurrence. Vehicle accidents wi I also be handled by the agency having jurisdiction at the location at which the accident occurs. Nothing precludes further investigation or concurrent investigation by the officer's parent agency. Additionally, the Task Force Coordinator will ensure tliat the parent agency of the involved officer has been notified. Injured personnel will be taken to the most immediate and competent medical facilities available. The officer's parent agency will be immediately notified of any injury to tlieir personnel. September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 12 C. D. Task force member evaluations and investigations of citizens' complaints or internal investIgations shall be handled jointly between the assigned Task Force Supervisor and the parent agency when taSK force assignment is an issue. Disciplinary actions against investigators will be approved solely by the parent agenQY. Internal discipline problems will be adaressed by the Task Force Supervisor and documented when necessary. Continued failure to abide by task force policies and procedures may result in the removal of an investigator from the task force. Requests for removal will be macfe upon the recommendation of the Task Force Coordinator with concurrence of the Executive Committee. Parent aQencies will provide the name, rank, and telephone number of a 'liaison supervisor" that will assist the Task Force Coordinator and Supervisor with inquiries of mutual concern. The release of media information regarding task force Qperations will be coordinated through the "Task Force Coordinator. The Task Force Coordinator will apprise the Chairman of the Executive Committee of all incidents which may result in significant media interest. The Executive Committee will aetermine what course of action will be taken in releasing significant event information. XI. REPORTING A. The Task Force Coordinator will be responsible for implementing a reporting system which tracks team activities, statistics, ana accompliShments of task force operations. ThiS reporting system will serve as the basis for quarterly reports to the Executive Committee as well as to ensure an accountability of personnel and equipment resources. B. The Task Force Coordinator will submit an operational report to the Executive Committee on a quarterly basis within 20 days following the end of each calendar quarter. C. An annual report will be provided to the County Board of Supervisors, with copies to each participating agency. XII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of the MOU, in writing only, by way of the voting procedure established in Section IliA above for the conduct of committee business. September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 13 XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 1996 and, pursuant to CVC 9250.14, shall remain in effect untillhe termination of task force funding on January 1, 2000, unless a later enacted statute deletes or extends that aate. Participating agencies may elect to terminate the agreement prior to its aesignated termination date. Any agency desiring to terminate its participation in this agreement shall indicate such Intent in writing to the Executive Committee. The termination shall be deemed to taKe effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. On August 25, 1999 Governor Gray Davis signed Assembly Bill 183 into law. This bill extended the sunset clause found in vehicle code section 9250.14, thereby, providing funding for county vehicle theft task forces to remain In effect through January 1,2005. (Revised 9/01) XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on behalf of their respective agencies and, in signing this agreementl concur with and support the San Bernardino County Auto Theft TasK Force as set forth In this Agreement and for the period and purposes as stated herein. Rodney Jones Chief of Police, y ~~() Talbott Chief, California Highway' atrol ((-!7-Cf Date \~ -\'-.0 -Q,~ Date .I2-~-~S , Date G S. Penrod Sheriff, County of San Bernardino September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 14 Date -- Michael Billdt Chief Police, City of San // hd/(/'cf Date Micliael Ith Chief of Investigations San Bernardino County District Attorney's Office 0v;tL %J~ David Goldberg U Chief Investigator Department of Insurance 4/~/og Date APPROVED AS TO FORM: James F. Penman, City Attorney 1-,/~ September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 15 Lori Sassoon, Acting City Manager City of San Bernardino Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCA TT) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino authorize the Police Chief to execute on behalf of the City the Amendment to the Agreement between the City of San Bernardino Police Department and San Bernardino County Auto Theft Task Force (SANCATT), a copy of which is attached hereto, marked as Exhibit A. and incorporated herein by this reference. SECTION 2. The authorization to execute the above referenced Amendment is rescinded ifnot issued within one hundred-twenty (120) days of the passage of this Resolution. III III III III III III III III III III S -(fJ-6j ::If / (;; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE OTY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SA]\, BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT) 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 , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this day of ,2009. Patrick 1. Morris, Mayor City of San Bernardino Approved as to Form: es F. Penman, City Attorney EXHIBIT A SIXTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE Whereas, on September 15, 2008, the Sixth Amendment to the Memorandum of Understanding for the San Bernardino County Auto Theft Task Force was revised to reflect the change of financial responsibility for the task force vehicle's fuel and maintenance to the participating parent agency. The signature block for Executive Members was also revised to reflect current members. Revise Section VII - EQUIPMENT Change the financial responsibility of fuel and maintenance for Task Force vehicles to the participants' parent agency. A. Vehicles Maintenance and fuel costs of vehicles assigned to the Task Force will be paid by the participants' parent agency. Fuel and maintenance costs provided by the Task Force will be reimbursed by the participants' parent agency. These reimbursements will be paid from invoices submitted to the participants' parent agency from the Sheriff's Department's Accounting Office who holds the Task Force fiscal management. Revise Section XIV, SIGNATURES XIV. SIGNATURES The undersigned state that they represent and have authority to execute this Agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the San Bernardino County Auto Theft Task Force as set forth in this Agreement and for the period and purposes as stated herein. ((-r7-og Date rnou.amend.6 MOU Amendment 6 Page 20f2 September IS. 2008 C~ ~ ~ '-~ , \J ff Talbott Chief, California Highway Patrol ary S. Penrod Sheriff, San Bernardino County Michael Billdt Chief of Police, City of San Bernardino RJ~ gAd David Goldberg Chief Investigator, Dept. of '-- Michae Smit Chief of Investigations San Bernardino County District Attorney's Office \~- \1.....:. - c,~ Date /7--2-05 Date Date nhq/c~ Date /;' ~~ r Date mou.arnend.6 MEMORANDUMlJ"F UNDERSTANDING SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE December 1,1995 CONFIDENTIAL I. OVERVIEW Vehicle theft has become the most costly of all property crimes, and is an American epidemic. It impacts over four million Americans each year at a cost exceeding :(j1 0 billion. This represents almost half (48%) of the dollar loss of all cnmes combined. California led the nation in 1994 with approximately 3001900 vehicle thefts, 40,000 of which were never recovered. During tnis same year in San Bernardino County, a total of 20,311 vehicles were stolen at a cost to the citizens of almost $122 million. While vehicle thefts decreased statewide in 1994 by 4.4%, in San Bernardino County during the same time period they increased by 10.1 %. In an effort to combat this growing crime problem, and to address mounting public concern, the California Legislature passed into law Senate Bilf2139 (Vehicle Code Section 9250.14). As stated this bill authorizes the County Board of Supervisors to impose a $1 fee on all vehicles registered in the County at the time of registration renewal, to enhance The capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In May of 1995 the San Bernardino Coun!y Board of Supervisors adopted a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi-jurisdictional vehicle theft task force. The resolution was adopted unanimously and results in an additional $1.00 fee to be charged on each San Bernardino County. new and renewal vehicle registration. The fee increase is scheduled to begin effective October I, 1995 and will be continuously appropriated, without regard to fiscal years. II. MISSION STATEMENT To reduce the incidence of vehicle theft/car-jackings and increase the gpprehension of the professional vehicle thief, the San Bernardino County Auto Theft Task Force will accomplish the following: 1. Interface with the California Highway. Patrol Investigative Services Unit (Vehicle Theft)) DMV, D~pt of Insurance (001), DOJ, FBI and all agencies Within San Bernardino County for the sharing of intelligence information related to vehicle theft. San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 2 8. 9. 2. Increase the number of arrests of vehicle theft and car jacking suspects, particularly the professional thieves participating in the ~urgical stripping, renumbering for resale, exportation, and car JacKing. Identify locations that are used in connection with vehicle theft offenses and take appropriate enforcement action. These locations may include legitimate business locations (e.g., repair/body snops and dlsmantlers) used for illegal activities and the sites of "chop shop operations." Identify local trends and patterns of vehicle theft and car- jacking activity to be targeted by task force investigators. Increase the recovery rate of stolen vehicles and reduce the number of car-jacking incidents in San Bernardino County. Provide centralized repository for vehicle theft expertise, support, coordination, and information data base. In cooperation with the San Bernardino County District Attorney increase the number of felony prosecutions for vehicle theft ana car-jacking suspects, particularly the professional thieves partlcipqting in the sWgic.al stripping, renumbering for resale, exportation, and car-Jacking. Conduct business inspections pursuant to section 2805 of the California Vehicle Code, for the purpose of investigating the title and registration of vehicles to establish the rigntful ownership or possession of the vehicle or identifiable vehicle component part. Provide a forum for public awareness relating to vehicle theft prevention and trends throughout San Bernardino County. This will be accomplished througfl coordination with the local media to publicize the vehicle theft problem and task force activities, thereby enco.uragil")g public participation while discouraging potential vehicle lhleves. 3. 4. 5. 6. 7. September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 3 III. TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall be comprised of five members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees).. and ttie San Bernardino County District Attorney. The Executive vommittee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney's Chief of Investigations, and the Police Chiefs of Fontana and San Bernardino. The D'OI representative will sit on the committee as a non-voting member. Members of the Executive Committee will meet semi-annually, or as necessary, to review task force operations and to provide direction, guidance, and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by majority vote, provided a quorum of the committee is present and voting. A quorum is defined as a minimum of four voting members. B. Task Force Coordinator The Task Force Coordinator's position will be staffed full time by a lieutenant provided by the California Highway Patrol. The Coordinator will be responsible for management resp'onsibilities of the task force and will be directly accounfable to the Executive Committee for task force operations. Salaries and benefits will be paid by. the California Highway Patrol and will not be reimbursed from the task force fund. C. SupeNisor The Task Force SupeNisor's position will be staffed by a sergeant provided by the San Bernardino Police Department. This sergeant will be selected by the Task Force Coordinator with inQut from the Police Department and concurrence of the Executive Committee. The sergeant will supeNise all subordinate members of the task force and provide necessary input for performance evaluations to the parent agency. Salary and benefits associated with this position Will be reimbursed from the task force fund to the parent agency. The reimbursement percentage will be determined by the Executive Committee. September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 4 D. Prosecution Staff The District Attorney's Office has established a vehicle theft prosecution team funded through money collected pursuant to CVC 9250.14. This team will work directly with the task force to provide legal review and will file cases warranting a criminal complaint. All venicle theft task force cases will be vertically prosecuted. If warranted, federal prosecution will be pursued by the appropriate attorney's office. E. Investigators The task force shall be staffed by qualified investigators recommended for assignment by the participating agencies. The task fqrce will be composed of personnel from the following agencies: o California Highway Patrol (CHP) - 1 Lieutenant, 2 Investigators o San Bernardino Police Department -1 Sergeant, 2 Investigators o San Bernardino County Sheriff's Department - 2 Detectives o Fontana Police Department - 1 Investigator o National Insurance Crime Bureau (NICB) - 1 Special Agent o Department of Insurance - 1 Investigator o San Bernardino County District Attorney - 1 Investigator Assignment to the task force will be for a minimum of two years. Due to the critical nature of the position, personnel recommended to the task force will be subject to selection interviews by the Task Force Coordinator and Supervisor. Consideration for placement on the task force is given based on past job performance, investigative experience, and the ability to worK with others in a close, team relationship. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removea from the task force and transferred back to his/her department. If the Task Force Coordinator has cause to replace a member, he/she shall discuss the issue with the parent agency. If the parent agency does not concur with the decision of the Task Force Coordinator to remove and replace the task force member, the issue shall be forwarded to the Executive Committee for final resolution. It is agreed, however, that the resolution of operational problems at the lowest level is in the best interest of the task force. September 15. 2008 San Bernardino County Auto Theft Task Force Mernorandurn of Understanding Page 5 Salaries and benefits associated with these investigators will be reimbursed from the task force fund to the participating agencies. The reimbursement percentage will be determined by The Executive Committee. Any participation by the CHP, 001 FBI District Attorney's Office and NICB in Hie task force wil[ not be reimbursable through the task force funds. Members assigned to the Task Force whose salaries are reimbursed tly the Task Force fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. F. Administrative Support Staff One Transcribing Typist II and one Fiscal Clerk II will be Rrovided by the Sheriff's Department and assigned to the task force. These positions will support field and staff operations, and will provide clerical liaison to the parent agencies. The salary for Fiscal Clerk II position will be fully reimbursea from the task force fund. The salary for the Transcriber Typist II will be fully reimbursed from the District Attorney's Office through money collected pursuant to CVC 9250.14. G. National Insurance Crime Bureau (NICB) Investigator One full time NICB Investigator will be assi1Jned to the task force as a coordinator between the task force and NICB. All salary, benefits, overtime, per diem, and business expenses for this team member will be paid by NICB and not reimbursed by the task force fund. H. Department of Insurance One full time 001 Investigator will be assigned to the task force as an investigator. All salary, tienefits, overtime, per diem, business expenses, and vehicle expenses for this team member will be paid by the 001 and not reimbursed by the task force fund. A vehicle will also be provided by the 001. I. California Highway Patrol Two full time vehicle theft investigators will be provided by the California Highway Patrol. With lhe exception of travel, per diem and overtime expense, all salary and benefits for these team members will be paid by the CHP and will not be reimbursed from task force funds. J. San Bernardino County District Attorney's Office September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 6 One full time District Attorney's Investigator will be assigned to the task force as an investigator. All salary, benefits, overtime, per diem, business expenses, ana vehicle expenses for this team member will be paid by the District Attorney's Office and not reimbursed by the task force fund. A vehicle will also be provided by the District Attorney's Office. K. Participating Agency For the purposes of this memorandum of understanding, a "Participating Agency" is defined as any' law enforcement agency which has an employee assigned specifically to this task force, regardless of the status of reimbursement from allocated funds. IV. FISCAL PROCEDURE A. Task Force Fund The task force fund.J established~ursuant to CVC Section 9250.14, will be administerea by the San Bernardino County Sheriff's Department. Re!=luesfs for the expenditure of funds will require the approval of the Executive Committee based on a simple majority vote of approval. The Task Force Coordinator will be authorized to expend an amount approved by the Executive Committee for the operational needs of the task force. Any operational needs of the task force exceeqing this amount will require prior approval of the Executive Committee. Each quarterly payment received from the State Controllers Office shall be set asiae by the task force accountant into a single account to pay salaries and operating expenses. Such expenditures shall be itemized and be part of the ffscal budget which has been approved by a majority of the Executive Commiftee. Any funds not expended shall be kept in reserve in the event future expenses exceed anticipated revenues. B. Salaries and Benefits The Task Force Coordinator, personnel from the National Insurance Crime Bureau, Department of Insurance the California Highway Patrol, and the San Bernardino County District Attorney's Office will not be reimbursed by the task force fund for salary and benefits. The salarY and benefits of all remaining task force members will be reimBursed to the participating departments by the task force fund. The percentage at which participating agencies are reimbursed for Qersonnel salaries and benefits wi/loe cfetermined by the Executive Committee. Approved overtime, per diem and business related expenses will be fully reimbursed for all task force personnel (excluding the Department of Insurance Investigator and the San September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 7 Bernardino County District Attorney's InvestiQator) by the task force fund. Those personnel assigned to the task force on a reimbursable basis will be paid through the payroll section of their parent agency. Reimbursement will then be provided to the parent agency by the task force fund. It shall be the responsibility of the Task Force Coordinator to institute a system of checks and balances whereby the hours of each participant will be authorized and audited for accuracy. This information will be reported to the agencies' appropnate time keElper, with a copy submitted to Hie San Bernardino County Sheriff's Department accountant. The Task Force Coordinator will also retain a copy of this record. Members assigned to the task force whose salaries are reimbursed by the task force fund shall be on full time assignment to the task force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. C. Participant Claims for Reimbursement Participating agencies shall request reimbursement for task force members' regular salarieskbenefits, overtime, business expenses and per diem from the tas force fund and will be reimbursed after DMV fees for that quarter have been deposited. Reimbursement will only be made based on actual hours of program participation. Reimbursement claims by task force members for reimbursable travel, per diem, lodging, materials, or services shall be approved by the Task Force Coordinator and submitted on an approved claim form to the members' parent agency. Requests for reimbursement from the_parent C!Qency shall be suBmitted to the San Bernardino County Sheriff's Uepattment no later than the 15th day of the month following the end of the quarter the participant worked. It will be the responsibility of the task force accountant to develop a format for claIming expenses with appropriate back-up detail information and to provide a sample of the document to the parent agency. This document will then be used by each participating agency for claiming any expenses incurred as a result of participation in the task force. payr:nent of the claim will be processed within 30 days of receipt of inVOice. In the unlikely event that revenues fall short of what is required for reimbursement, reimbursement shall be made on a prorate share basis. In no event will general revenues of the County be used to offset any such shortage. D. Right to Audit Each_party to this Agreement shall make available to the County of San Bernardino, at all reasonable times, its payroll and other records relating to this agreement. The County or independent auditor may September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 8 audit such records and if the County determines that ineligible costs have been reimbursed the agency shall immediately repay the amount determined to be ineligible. If not repaid within 30 day.s, the County may hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of the required ~ecords for a period of three years after the date the expense IS reimbursed. Task Force funds shall be audited at the direction of the Executive Committee. This audit will normally be conducted by a private firm. The cost of the audit will be paid from the task force fund. E. Overtime An overtime bank will be established based upon the actual employer cost of 100 annual hours per employee. Reimbursement will be at the rate of 25 hours on a quarterly basis, at the established rate for each employee. The Task Force Supervisor with oversight of the coordinator will control the overtime use. Controls and accountability will be in place, and all overtime use will require pre-approval and justification. If operational necessity should exceed the 1 OO-hour bank, each participating agency agrees to absorb the costs for their respective employee. F. Indirect Costs The County of San Bernardino, through the Sheriff's Department, receives and is the Financial Adminisfrator for all source funds for the San Bernardino County Auto Theft Task Force. As such, a significant amount of management time will be required for the administration of the funds. Costs associated with the administration of these funds will be reimbursed to the San Bernardino County Sheriff's Department. Requests for reimbursement of administrative costs will be subject to approval by the Executive Committee. G. Confidential Fund A Confidential Fund shall be established for use by the San Bernardino County Auto Theft Task Force. These funds shall only be used as necessary in the performance of duties relating to task force activities. Such usage will be limited to special and extraordinary expenses incurred dUring the investigation of vehicle thefts. Authorization to use these funds willbe determined by the Task Force Coordinator and will conform to standards and policies September 15. 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 9 established for the San Bernardino Sheriff's Department. The Confidential Fund will be funded from task force revenues and will normally not exceed a balance of $5,000. Any increase in the Confidential Fund balance will be approved by the Executive Committee. V. LIABILITY Each Qarticipating agency in the San Bernardino County Auto Theft Task Force shalll1ave full financial responsibility for theIr respective investigators while assigned to the task force, including industrial injury claims, vehicle accidents, and third party claims Tor monetary damages arising from vehicle accidents and other alleged torts. Additionally, the agency shall also be responsible for any and all workers' compensation claims of their respective investigator if he/she should become injured in the course and scope of his/her duties while assigned to tl1e task force. San Bernardino County, its officers, agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of its officers or employees; and participating agencies shall hold the County, its officers and employees harmless from any and all claims and damages resulting therefrom. Participating agencies and the County shall nold each other harmless from the Iiaoilify for negligent acts or omissions of the other. Each party to this Agreement agrees to defend, indemnify, and hold harmless the other parties to thIS Agreement in regard to any liability imposed on the agreeing parties due to the negligent acts or omissions of another party's assigned employee(s). VI. OPERATION LOCATION Appropriate space will be provided to house task force members and related equipment by the San Bernardino Police Department at no cost to the task force. The task force main office will be located at 767 North E Street San Bernardino Ca. 92401. At a future date to be determined by the Executive Committee, a satellite office may be established in the high desert. VII. EQUIPMENT The Task Force Coordinator will be accountable for equipment assigned to the task force and will utilize approved San Bernardino September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 10 County procedures for procuring, accounting and safeguarding fixed assets. A. Vehicles The National Insurance Crime Bureau (NICB) has agreed to provide vehicles at no cost for use by task force investigators. In the event the task force is unable to provide a vehicle to the assigned member th~ough .task force resources, participating agencies agree to provide thiS equipment. Maintenance and fueLcosts of vehicles assigned to tne Task Force will be pai<;l by theparfic:ipants' pare.nt ager'!cy., fuetandmaintenance cost.s .provldedbyth~ J:CiSKForce WIII.be r~Jmt:>l1rsedl;lythe... . . .:., partl.clpants' P?rentagencY.T-~~se relml::lursem~nts willl;>e .paldfrom InVOlyeS submlttedto1bepartlcjpants' .parE)nt agElncyfr()mthe ....... Shenff's Department's Accounting Office who fiolds theTask Force fiscal management. B. Communications Equipment Hand-held radios and pagers will be purchased in cooperation with the Sheriff's Automotive Section and paid for by the task force fund. The Coordinator, supervisor, and each investigator will be provided with a radio, cellular telephone, and pager. Procedures will be developed to ensure proper use and accountability of this equipment. C. Other Equipment Other equipment including in-house covert equipment, office equipment, computers, hand tools, cameras, video cameras, and the lik~1 will be purchased or leased with monies from the task force fund ana provided for use by task force investigators. Situations requiring air support, unigue vehicles, or other unique items will require cooperative scheduling and assistance from the member departments. D. Disbursement of Task Force Assets At the conclusion of the funding authorized by CVC 9250.14, all fixed assets of this task force will be distributed to the participating agencies by the Executive Committee. As required by law, any unused funds will be returned to the State Controllers office. VIII. UNDERCOVER DOCUMENTS September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 11 The use of covert identities to support or enhance undercover operations is essential. This will require that investigators p'ossess undercover California driver's licenses and other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agency. Investigators will be expected to bring covert documents witfi them at time of assignment. IX. ASSET FORFEITURE SHARING Task force operations which result in the potential for either State or Federal asset seizures shall be brought to the attention of the Task Force Coordinator for a decision as to whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Allocation of any forfeited funds will be determined by the Executive Committee. X. STANDARD OPERATING PROCEDURES All task force members shall abide by the Standard Operating Procedures Manual (SOP) which shall be prej)ared by the Task Force Coordinator with the assistance of the Task Force Supervisor. The completed SOP will be subject to the review and approval of the Executive Committee. The SOP shall specify p'olicies and ProCE?9UreS for task force operations and shall include the following specific Items: A. In any case where the policies or procedures of the task force conflict with those of the member's parent agency, the member shall abide by the policies of his or her own agency. Conflicts not resolved by the supervisor will be referrecfto tt'ie Task Force Coordinator for resolution. B. The investigation of officer involved shootings shall be conducted By the law enforcement agency fiaving jurisdiction over the area of occurrence. Vehicle accidents wifl also be handled by the agency having jurisdiction at the location at which the accident occurs. Nothing precludes further investigation or concurrent investigation by the officer's parent agency. Additionally, the Task Force Coordinator will ensure tliat the parent agency of the involved officer has been notified. Injured personnel will be taken to the most immediate and competent medical facilities available. The officer's parent agency will be immediately notified of any injury to tlieir personnel. September 15. 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 12 C. D. Task force member evaluations and investigations of citizens' complaints or internal investi~ations shall be handled jointly between the assigned Task Force Supervisor and the parent agency when tasK force assignment is an issue. Disciplinary actions against investigators will be approved solely by the parent agenqy. Internal discipline problems will be adaressed by the Task Forc~ Supervisor and <;locumented when .. necessary. Contlnuea failure to abide by task force policies and procedures may result in the removal of an investigator from the task force. Requests for removal will be macfe upon the recommendation of the Task Force Coordinator with concurrence of the Executive Committee. Parent aQencies will provide the name, rank, and telephone number of a 'liaison supervisor" that will assist the Task Force Coordinator and Supervisor with inquiries of mutual concern. The release of media information regarding task force Qperations will be coordinated through the "Task Force Coordinator. The Task Force Coorcfinator will apprise the Chairman of the Executive Committee of all incidents which may result in significant media interest. The Executive Committee will oetermine what course of action will be taken in releasing significant event information. XI. REPORTING A. The Task Force Coordinator will be responsible for implementing a reporting system which tracks team activities, statistics, ana accompliShments of task force operations. This reporting system will serve as the basis for quarterly reports to the Executive Committee as well as to ensure an accountability of personnel and equipment resources. B. The Task Force Coordinator will submit an operational report to the Executive Committee on a quarterly basis within 20 days following the end of each calendar quarter. C. An annual report will be provided to the County Board of Supervisors, with copies to each participating agency. XII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of the MOU, in writing only, by way of the voting procedure established in Section III.A. above for the conduct of committee business. September 15. 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 13 XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 1996 and, pursuant to CVC 9250.14, shall remain in effect until the termination of task force funding on January 1, 2000, unless a later enacted statute deletes or extends that Bate. Participating agencies may elect to . terminate the agreement prior to its aesignated termination date. Any agency desiring to terminate its partlQipation in this agreement shall indicate such Intent in writing to the Executive Committee. The termination shall be deemed to taKe effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. On August 25, 1999 Governor Gray Davis signed Assembly Bill 183 into law. This bill extended the sunset clause found in vehicle code section 9250.14, thereby, providing funding for county vehicle theft task forces to remain In effect through January 1, 2005. (Revised 9/01) XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on betialf of their respective agencies and, in signing this agreementl. concur with and support the San Bernardino County Auto Theft TaSK Force as set forth In this Agreement and for the period and purposes as stated herein. Rodney Jones Chief of Police, f Fontana \~~~ ~bott Chief, California Highway' atrol ((-17-~ Date \~ -\<..." -~""'t. Date /2-~-~g , Date G S. Penrod Sheriff, County of San Bernardino September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 14 Michael Billdt Chief Police, City of San Date // k/C'5 Date Micliael Ith Chief of Investigations San Bernardino County District Attorney's Office 0J~ David Goldberg ( Chief Investigator Department of Insurance 4/~/{)'5 Date September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 15 Lori Sassoon, Acting City Manager City of San Bernardino Date SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE November 13, 2008 Executive Committee Members San Bernardino County Auto Theft Task Force 710 North D Street San Bernardino, CA 92401 Dear Executive Committee Members: Attached is the Sixth Amendment to the San Bernardino County Auto Theft Task Force Memorandum of Understanding (MOU). The MOU has been updated to reflect current signature blocks and a change in fiscal procedures for fuel and maintenance costs for Task Force vehicles. The Executive Committee at the September 15, 2008 committee meeting ratified each Amendment. Please sign both the original MOU, as well as the Sixth Amendment to the MOU, as there are two separate signature blocks. Please contact me if you have any questions, and I thank you for your continued support of SANCATT operations. s;",e~ eve Urrea, Lieutenant ask Force Coordinator San Bernardino County Auto Theft Task Force SUfjl 710 NORTH D. STREET, SAN BERNARDINO, C:A 92401 . 909.388.4898 . FAX 909.388.4895 SIXTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE Whereas, on September 15, 2008, the Sixth Amendment to the Memorandum of Understanding for the San Bernardino County Auto Theft Task Force was revised to reflect the change of financial responsibility for the task force vehicle's fuel and maintenance to the participating parent agency. The signature block for Executive Members was also revised to reflect current members. Revise Section VII - EQUIPMENT Change the financial responsibility of fuel and maintenance for Task Force vehicles to the participants' parent agency. A. Vehicles Maintenance and fuel costs of vehicles assigned to the Task Force will be paid by the participants' parent agency. Fuel and maintenance costs provided by the Task Force will be reimbursed by the participants' parent agency. These reimbursements will be paid from invoices submitted to the participants' parent agency from the Sheriff's Department's Accounting Office who holds the Task Force fiscal management. Revise Section XIV, SIGNATURES XIV. SIGNATURES The undersigned state that they represent and have authority to execute this Agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the San Bernardino County Auto Theft Task Force as set forth in this Agreement and for the period and purposes as stated herein. ((-r7-og Date mou.amend-6 MOll Amendment 6 Page 1 of2 September 15.1008 "c~--~ J ff Talbott hief, California Highway Patrol ary S. Penrod Sheriff, San Bernardino County Michael Billdt Chief of Police, City of San Bernardino )<)~ ~f1 David Goldberg Chief Investigator, Dept. of Michae Smit Chief of Investigations San Bernardino County District Attorney's Office APPROVED AS TO FORM: James F. Penman, City Attorney 9,~ >. ...~ ....~. \d-.- \c, - 0"'6. Date / :Z-2~13 Date - Date /1;"11 c S Date ~' h/r; r Date mou.arnend-6 MOU Amendment 6 Page 3 Lori Sassoon, Acting City Manager City of San Bernardino Date December 1,1995 CONFIDENTIAL I. OVERVIEW Vehicle theft has become the most costly of all property crimes, and is an American epidemic. It impacts over four million Americans each year at a cost exceeding $10 billion. This represents almost half (48%) of the dollar loss of all crimes combined. California led the nation in 1994 with approximately 300LOOO vehicle thefts, 40,000 of which were never recovered. During tnis same year in San Bernardino County, a total of 20,311 vehicles were stolen at a cost to the citizens of almost $122 million. While vehicle thefts decreased statewide in 1994 by 4.4%, in San Bernardino County during the same time period they increased by 10.1 %. In an effort to combat this growing crime problem, and to address mounting public concern, the California Legislature passed into law Senate BilT 2139 (Vehicle Code Section 9250.14). As stated this bill authorizes the County Board of Supervisors to impose a $1 fee on all vehicles registered in the County at the time of registration renewal, to enhance The capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In May of 1995 the San Bernardino County Board of Supervisors adopted a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi-jurisdictional vehicle theft task force. The resolution was adopted unanimously and results in an additional $1.00 fee to be charged on each San Bernardino County new and renewal vehicle registration. The fee increase is scheduled to begin effective October I, 1995 and will be continuously appropriated, without regard to fiscal years. II. MISSION STATEMENT To reduce the incidence of vehicle theft/car-jackings and increase the C!Pprehension of the professional vehicle thief, the San Bernardino County Auto Theft Task Force will accomplish the following: 1. Interface with the California Hi~hway Patrol Investigative Services Unit (Vehicle Theft), DMV, D12pt of Insurance iDOl), DOJ, FBI and all agencies Within San Bernardino County for the sharing of intelfigence information related to vehicle theft. San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 2 2. Increase the number of arrests of vehicle theft and car jacking suspects, particularly the professional thieves participating in the surgical stripping, renumbering for resale, exportation, and car jaCKing. Identify locations that are used in connection with vehicle theft offenses and take appropriate enforcement action. These locations may include legitimate business locations (e.g., repair/body snops and dlsmantlers) used for illegal activities and the sites of "chop shop operations." Identify local trends and patterns of vehicle theft and car- jacking activity to be targeted by task force investigators. Increase the recovery rate of stolen vehicles and reduce the number of car-jacking incidents in San Bernardino County. Provide centralized repository for vehicle theft expertise, support, coordination, and information data base. In cooperation with the San Bernardino County District Attorney increase the number of felony prosecutions for vehicle theft ana car-jacking suspects, particufarly the professional thieves partlcip~ting in the sl!rgic.al stripping, renumbering for resale, exportation, and car-Jacking. Conduct business inspections pursuant to section 2805 of the California Vehicle Code, for the purpose of investigating the title and registration of vehicles to establish therigntful ownership or possession of the vehicle or identifiable vehicle component part. Provide a forum for public awareness relating to vehicle theft prevention and trends throughout San Bernardino County. This will be accomplished througfl coordination with the local media to publicize the vehicle theft problem and task force activities, thereby enco,uragil'")g public participation while discouraging potential vehicle lhleves. 3. 4. 5. 6. 7. 8. 9. September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 3 III. TASK F'ORCE 'ORGANIZATI'ON A. Executive Committee The Executive Committee shall be comprised of five members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees;... and ttie San Bernardino County District Attorney. The Executive vommittee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney's Chief of Investigations, and the Police Chiefs of Fontana and San Bernardino. The 0'01 representative will sit on the committee as a non-voting member. Members of the Executive Committee will meet semi-annually, or as necessary, to review task force operations and to provide direction, Quidance, and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by majority vote, provided a quorum of the committee is present and voting. A quorum is defined as a minimum of four voting members. B. Task Force Coordinator The Task Force Coordinator's position will be staffed full time by a lieutenant provided by the California Highway Patrol. The Coordinator will be responsible for management resRonsibilities of the task force and will be directly accounfable to the Executive Committee for task force operations. Salaries and benefits will be paid by the California Highway Patrol and will not be reimbursed from the task force fund. C. Supervisor The Task Force Supervisor's position will be staffed by a sergeant provided by the San Bernardino Police Department. This sergeant will be selected by the Task Force Coordinator with in[lut from the Police Department and concurrence of the Executive Committee. The sergeant will supervise all subordinate members of the task force and provide necessary input for performance evaluations to the parent agency. Salary and benefits associated with this position will be reimbursed from the task force fund to the parent agency. The reimbursement percentage will be determined by the Executive Committee. September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 4 D. Prosecution Staff The District Attorney's Office has established a vehicle theft [)rosecution team funded through money collected pursuant to CVC 9250.14. This team will work directly with the task force to provide legal review and will file cases warranting a criminal complaint. All vel1icle theft task force cases will be vertically prosecuted. If warranted, fe.deral prosecution will be pursued by the appropriate attorney's office. E. Investigators The task force shall be staffed by qualified investigators recommended for assignment by the participating agencies. The task fqrce will be composed of personnel from the following agencies: o California Highway Patrol (CHP) - 1 Lieutenant, 2 Investigators o San Bernardino Police Department -1 Sergeant, 2 Investigators o San Bernardino County Sheriff's Department - 2 Detectives o Fontana Police Department - 1 Investigator o National Insurance Crime Bureau (NICB) - 1 Special Agent o Department of Insurance - 1 Investigator o San Bernardino County District Attorney - 1 Investigator Assignment to the task force will be for a minimum of two years. Due to the critical nature of the position, personnel recommended to the task force will be subject to selection interviews by the Task Force Coordinator and Supervisor. Consideration for placement on the task force is given based on past job performance, investigative experience, and the ability to worK with others in a close, team relationship. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force and transferred back to his/her department. If the Task Force Coordinator has cause to replace a member, he/she shall discuss the issue with the parent agency. If the parent agency does not concur with the decision of the Task Force Coordinator to remove and replace the task force member, the issue shall be forwarded to the Executive Committee for final resolution. It is agreed, however, that the resolution of operational problems at the lowest level is in the best interest of the task force. September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 5 Salaries and benefits associated with these investigators will be reimbursed from the task force fund to the participatinQ agencies. The reimbursement percentage will be determined by The Executive Committee. Any participation by the CHP, DOl FBI District Attorney's Office and NICB in Hie task force will not be reimbursable through the task force funds. Members assigned to the Task Force whose salaries are reimbursed tly the Task Force fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. F. Administrative Support Staff One Transcribing Typist II and one Fiscal Clerk II will be wovided by the Sheriff's Department and assiQned to the task force. These positions will support field and staff operations, and will provide clerical liaison to the parent agencies. The salary for Fiscal Clerk II position will be fully reimbursed from the task force fund. The salary for the Transcriber Typist II will be fully reimbursed from the District Attorney's Office through money collected pursuant to CVC 9250.14. G. National Insurance Crime Bureau (NICB) Investigator One full time NICB Investigator will be assigned to the task force as a coordinator between the task force and NICB. All salary, benefits, overtime, per diem, and business expenses for this team member will be paid by NICB and not reimbursed by the task force fund. H. Department of Insurance One full time DOl Investigator will be assigned to the task force as an investigator. All salary, oenefits, overtime, per diem, business expenses, and vehicle expenses for this team member will be paid by the DOl and not reimbursed by the task force fund. A vehicle will also be provided by the DOl. I. California Highway Patrol Two full time vehicle theft investigators will be provided by the California Highway Patrol. Withlhe exception of travel, per diem and overtime expense, all salary and benefits for these team members will be paid by the CHP and will not be reimbursed from task force funds. J. San Bernardino County District Attorney's Office September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 6 ~ One full time District Attorney's Investigator will be assigned to the task force as an investigator. All salary, benefits, overtime, per diem, business expenses, ana vehicle expenses for this team member will be paid by the District Attorney's Office and not reimbursed by the task force fund. A vehicle will also be provided by the District Attorney's Office. K. Participating Agency For the purposes of this memorandum of understanding, a "Participating Agency" is defined as any' law enforcement agency which has an employee assigned specifically to this task force, regardless of the status of reimbursement from allocated funds. IV. FISCAL PROCEDURE A. Task Force Fund The task force fun~1 established pursuant to CVC Section 9250.14, will be administerea by the San Bernardino County Sheriff's Department. Re~uesfs for the expenditure of funds will require the approval of the Executive Committee based on a simple majority vote of approval. The Task Force Coordinator will be authorized to expend an amount approved by the Executive Committee for the operational needs of the task force. Any operational needs of the task force exceeding this amount will require prior approval of the Executive Committee. . Each quarterly payment received from the State Controllers Office shall be set aside by the task force accountant into a single account to pay salaries and operatin~ expenses. Such expenditures shall be itemized and be part of the fTsca budget which has been approved by a majority of the Executive Commiftee. Any funds not expended shall be kept in reserve in the event future expenses exceed anticipated revenues. B. Salaries and Benefits The Task Force Coordinator, personnel from the National Insurance Crime Bureau, Department of Insurance the California Highway Patrol, and the San Bernardino County District Attorney's Office will not be reimbursed by the task force fund for salary and benefits. The salary and benefits of all remaining task force members will be reimBursed to the participating departments by the task force fund. The percentage at which participating agencies are reimbursed for personnel salaries and benefits willl:je cfetermined by the Executive Committee. Approved overtime, per diem and business related expenses will be fully reimbursed for all task force personnel (excluding the Department of Insurance Investigator and the San September 15,2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 7 Bernardino County District Attorney's Investigator) by the task force fund. Those personnel assigned to the task Torce on a reimbursable basis will be paid through the payroll section of their parent agency. Reimbursement will then be provided to the parent agency by the task force fund. It shall be the resp'onsibility of the Task Force Coordinator to institute a system of checks and balances whereby the hours of each participant will be authorized and audited for accuracy. This information will be reported to the agencies' appropnate time keeper, with a copy submitted to Hie San Bernardino County Sheriff's Department accountant. The Task Force Coordinator will also retain a copy of this record. Members assigned to the task force whose salaries are reimbursed by the task force fund shall be on full time assignment to the task force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. C. Participant Claims for Reimbursement Participating agencies shall request reimbursement for task force members' regular salariesl benefits, overtime, business expenses and per diem from the taSK force fund and will be reimbursed after DMV fees for that quarter have been deposited. Reimbursement will only be made based on actual hours of program participation. Reimbursement claims by task force members for reimbursable travel, per diem, lodging, materials, or services shall be approved by the Task Force Coordinator and submitted on an approved claim form to the members' parent agency. Requests for reimbursement from the_parent C!Qency shall be suBmitted to the San Bernardino County Sheriff's Department no later than the 15th day of the month follOWing the end of the quarter the participant worked. It will be the responsibility of the task force accountant to develop a format for claiming expenses with appropriate back-up detail information and to provide a sample of the document to the parent agency. This document will then be used by each participating agency for claiming any expenses incurred as a result of partiCipation in the task force. payr.nent of the claim will be processed within 30 days of receipt of inVOice. In the unlikely event that revenues fall short of what is required for reimbursement, reimbursement shall be made on a prorate share basis. In no event will general revenues of the County be used to offset any such shortage. D. Right to Audit Each_party to this Agreement shall make available to the County of San Bernardino, at all reasonable times, its payroll and other records relating to this agreement. The County or independent auditor may September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 8 audit such records and if the County determines that ineligible costs have been reimbursed the agency shall immediately repay the amount determined to be ineITgible. If not repaid within 30 day.s, the County may hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of the required ~ecords for a period of three years after the date the expense IS reimbursed. Task Force funds shall be audited at the direction of the Executive Committee. This audit will normally be conducted by a private firm. The cost of the audit will be paid from the task force fund. E. Overtime An overtime bank will be established based upon the actual employer cost of 100 annual hours per employee. Reimbursement will be at the rate of 25 hours on a quarterly basis, at the established rate for each employee. The Task Force Supervisor with oversight of the coordinator will control the overtime use. Controls and accountability will be in place, and all overtime use will require pre-approval and justification. If operational necessity should exceed the 1 OO-hour bank, each participating agency agrees to absorb the costs for their respective employee. F. Indirect Costs The County of San Bernardino, through the Sheriff's Department, receives and is the Financial Adminisfrator for all source funds for the San Bernardino County Auto Theft Task Force. As such, a significant amount of management time will be required for the administration of the funds. Costs associated with the administration of these funds will be reimbursed to the San Bernardino County Sheriff's Department. Requests for reimbursement of administrative costs will be subject to approval by the Executive Committee. G. Confidential Fund A Confidential Fund shall be established for use by the San Bernardino County Auto Theft Task Force. These funds shall only be used as necessary in the performance of duties relating to task force activities. Such usage will be limited to special and extraordinary expenses incurred cfuring the investigation of vehicle thefts. Authorization to use these funds will be determined by the Task Force Coordinator and will conform to standards and policies September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 9 established for the San Bernardino Sheriff's Department. The Confidential Fund will be funded from task force revenues and will normally not exceed a balance of $5,000. Any increase in the Confidential Fund balance will be approved by the Executive Committee. V. LIABILITY Each j:)articipating agency in the San Bernardino County Auto Theft Task Force shalll1ave fun financial responsibility for their respective investigators while assigned to the task force, including industrial injury Claims, vehicle accidents, and third party claims lor monetary damages arising from vehicle accidents and other alleged torts. Additionally, the agency shall also be responsible for any and all workers' compensation claims of their respective investigator if he/she should become injured in the course and scope of his/her duties while assigned to fhe task force. San Bernardino County, its officers, agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of its officers or employees; and partiCipating agencies shall hold the County, its officers and employees harmless from any and all claims and damages resulting therefrom. Participating agencies and the County shall nold each ofher harmless from the liaoilily for negligent acts or omissions of the other. Each party to this Agreement agrees to defend, indemnify, and hold harmless the other parties to thiS Agreement in regard to any liability imposed on the agreeing parties due to the negligent acts or omissions of another party's assigned employee(s). VI. OPERATION LOCATION Appropriate space will be provided to house task force members and related equipment by the San Bernardino Police Department at no cost to the task force. The task force main office will be located at 767 North E Street San Bernardino Ca. 92401. At a future date to be determined by the Executive Committee, a satellite office may be established in the high desert. VII. EQUIPMENT The Task Force Coordinator will be accountable for equipment assigned to the task force and will utilize approved San Bernardino September 15,2008 San Bernardino County Auto Theft T ask Force Memorandum of Understanding Page 10 County procedures for procuring, accounting and safeguarding fixed assets. A. Vehicles The National Insurance Crime Bureau (NICB) has agreed to provide vehicles at no cost for use by task force investigators. In the event the task force is unable to provide a vehicle to the assigned member through .task force resources, participating agencies agree to provide this equipment. Maintenance and fuel costs of vehicles assigned to the Task Force will be paid by the participants' parent agency. Fuel and maintenance costs provided by the Task Force will be reimbursed by the participants' parent agency. These reimbursements will be paid from Invoices submitted to lhe participants' parent agency from the Sheriff's Department's Accounting Office who no Ids the Task Force fiscal management. B. Communications Equipment Hand-held radios and pagers will be purchased in cooperation with the Sheriff's Automotive Section and paid for by the task force fund. The Coordinator, supervisor, and each investigator will be provided with a radio, cellular telephone, and pager. Procedures will be developed to ensure proper use and accountability of this equipment. C. Other Equipment Other equipment including in-house covert equipment, office equipment, computers, hand tools, cameras, video cameras, and the lik~ will be purchased or leased with monies from the task force fund ana provided for use by task force investigators. Situations requiring air support, unique vehicles, or other unique items will require cooperative scheduling and assistance from the member departments. D. Disbursement of Task Force Assets At the conclusion of the funding authorized by CVC 9250.14, all fixed assets of this task force will be distributed to the participating agencies by the Executive Committee. As required by law, any unused funds will be returned to the State Controllers office. VIII. UNDERCOVER DOCUMENTS September 15. 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 11 The use of covert identities to support or enhance undercover operations is essential. This will require that investigators [lossess undercover California driver's licenses and other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agency. Investigators will be l?xpected to bring covert documents witFl them at time of assignment. IX. ASSET FORFEITURE SHARING Task force operations which result in the potential for either State or Federal asset seizures shall be brought to the attention of the Task Force Coordinator for a decision as to whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Allocation of any forfeited funds will be determined by the Executive Committee. X. STANDARD OPERATING PROCEDURES A. All task force members shall abide by the Standard Operating Procedures Manual (SOP) which shall be prejJared by the Task Force Coordinator With the assistance of the Task Force Supervisor. The completed SOP will be subject to the review and approval of the Executive Committee. The SOP shall specify [lolicies and prOCl?9ureS for task force operations and shall include the following specific Items: In any case where the policies or procedures of the task force conflict with those of the member's parent agency, the member shall abide by the policies of his or her own agency. Conflicts not resolved by the supervisor will be referrecfto Hie Task Force Coordinator for resolution. B. The investigation of officer involved shootings shall be conducted By the law enforcement agency naving /'urisdiction over the area of occurrence. Vehicle accidents wi I also be handled by the agency having jurisdiction at the location at which the accident occurs. Nothing precludes further investigation or concurrent investigation by the officer's parent agency. Additionally, the Task Force Coordinator will ensure ttiat the parent agency of the involved officer has been notified. Injured personnel will be taken to the most immediate and competent medical facilities available. The officer's parent agency will be immediately notified of any injury to ttieir personnel. September 15. 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page l2 C. D. Task force member evaluations and investigations of citizens' complaints or internal investi~ations shall be handled jointly between the assiQned Task Force Supervisor and the parent agency when tasK force assignment is an issue. Disciplinary actions against investigators will be approved solely by the parent agenQY. Internal discipline problems will be adaressed by the Task Force Supervisor and documented when necessary. Continued failure to abide by task force policies and procedures may result in the removal of an investigator from the task force. Requests for removal will be macfe upon the recommendation of the Task Force Coordinator with concurrence of the Executive Committee. Parent aQencies will provide the name, rank, and telephone number of a 'liaison supervisor" that will assist the Task Force Coordinator and Supervisor with inquiries of mutual concern. The release of media information regardin~task force Qperations will be coordinated through the Task Force Coordinator. The Task Force Coordinator will apprise the Chairman of the Executive Committee of all incidents which may result in significant media interest. The Executive Committee will Betermine what course of action will be taken in releasing significant event information. XI. REPORTING A. The Task Force Coordinator will be responsible for implementing a reporting system which tracks team activities, statistics, ana accompliShments of task force operations. ThiS reporting system will serve as the basis for quarterly reports to the Executive Committee as well as to ensure an accountability of personnel and equipment resources. B. The Task Force Coordinator will submit an operational report to the Executive Committee on a quarterly basis within 20 days following the end of each calendar quarter. C. An annual report will be provided to the County Board of Supervisors, with copies to each participating agency. XII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of the MOU, in writing only, by way of the voting procedure established in Section III.A. above for the conduct of committee business. September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 13 XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 1996 and, pursuant to CVC 9250.14, shall remain in effect untillhe termination of task force funding on January 1, 2000, unless a later enacted statute deletes or extends that aate. Participating agencies may elect to terminate the agreement prior to its aesignated termination date. Any agency desiring to terminate its partlQipation in this agreement shall indicate such mtent in writing to the Executive Committee. The termination shall be deemed to taKe effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. On August 25, 1999 Governor Gray Davis signed Assembly Bill 183 into law. This bill extended the sunset clause found in vehicle code section 9250.14, thereby, providing funding for county vehicle theft task forces to remain In effect through January 1, 2005. (Revised 9/01) XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on belialf of their respective agencies and, in signing this aqreementl concur with and support the San Bernardino County Auto Theft TasK Force as set forth In this Agreement and for the period and purposes as stated herein. Rodney Jones Chief of Police, f Fontana \ ~~~~ ~bott Chief, California Highway atrol ! 1-/7-Cf Date \::;:.... -\l..:, -c:,~ Date /2- ~-~g , Date G S. Penrod Sheriff, County of San Bernardino September 15.2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 14 Michael Billdt Chief Police, City of San Date 411III 1/ h-d/t7'8 Date Mictiael Ith Chief of Investigations San Bernardino County District Attorney's Office 0>.~ JiJll.1 David Goldberg ( Chief Investigator Department of Insurance 41,,/og Date APPROVED AS TO FORM: James F. Penman, City Attorney ?,f~ September 15, 2008 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 15 Lori Sassoon, Acting City Manager City of San Bernardino Date