The URL can be used to link to this page

Home My WebLink About9/3/2008 - STAFF REPORTS - 2.R. O�QPLM$A'P r2 V m b °n City Council Staff Repo DATE: September 3, 2008 CONSENT AGENDA SUBJECT: Renew MOU For Participation In Coachella Valley Narcotic Task Force FROM: David Ready, City Manager BY: Palm Springs Police Department SUMMARY It is recommended that the City Council authorize the City Manager to sign a memorandum of understanding to participate in the Coachella Valley Narcotic Task Force (CVVNTF.) RECOMMENDATION: Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS.- The Police Department has been a participating member of the gang task force since its inception. This task force consists of officers / agents from 10 agencies including all Coachella Valley law enforcement agencies and Riverside County Probation. The task force is housed in the Palm Springs Police Department, and the focus of their enforcement efforts is street-level narcotic enforcement. Because of staffing vacancies, the police department has not had an officer assigned to this task force for over a year, although staff has continued to participate in the monthly meetings to keep abreast of current trends. Assigning an officer will insure the task force spends time in the City investigating narcotic activity. This agreement is the same as the one Council signed June 18, 2003, and it will be in effect for 5 years until June 2013. ITc4A N10, 11o' City Council Staff Report September 3, 2008 -- Page 2 CVNTFMOU FISCAL IMPACT. Each participating agency commits to provide one full-time investigator, one vehicle including the cost of operation, and other safety and investigative equipment (radio, computer, etc.) This agreement will not add an additional employee to the number of authorized employees. There is an officer currently assigned in the assignment and he will continue in that position. The cost of an officer is approximately $94,810 (unknown exact amount due to pending employee contract.) David G. Dominguez, Police Chief David H. Ready, City M 32 COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 This Memorandum of Understanding (hereinafter MOU) is to establish The Coachella Valley Narcotic Task Force (hereinafter CVNTF) is entered into by The California Department of Justice, Bureau of Narcotic Enforcement (hereinafter BNE) and the following participating agencies: *Indio Police Department *Cathedral City Police Department *Palm Springs Police Department *Desert Hot Springs Police Department *Riverside County Sheriff's Department *Palm Desert Police Department *La Quinta Police Department *Coachella Police Department *Riverside County Probation Department *Riverside County Child Protective Services 133 COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 Table of Contents Memorandum of Understanding........... .... .. ...... . . . . . ............................................... 1 1. Purpose. . . ........... ..... ........... ......... ....................... ....... ... II. Mission....................................... .. ............... ........................ .................................. 3 Ill. Task Farce Council................. .. .. ..................................... . . ............................. 3 IV. Management....................... .......... . ................. ...... ...... .. ... .......................... ... ... .... 4 V. Task Force Commander.. .................... ..... ............ .. .. .............................................. 4 VI. Compensation......... .................. .... ..................................................... .. .. ........... 4 VI I. Budget........... .......... . ... .. ................................. ....................................................... 4 Vlll. Training................................... . ................... ...... .. . 4 IX. Annual Report. ....... ... .... ....... .. . .... ....................... . ....... ... . ............................ .... . .... 4 X. Resources............... .... ................. ..... . .. ....... .. ................... ............ ..................... 5 XI. Facilities, Equipment and Property....................... ... ... . ................................................ 6 XII. Asset Forfeiture-----1—- .1 ...I... ..................... . ................................. ..... . ......1....... .. 6 XIII. Administrative and Audit..... .. .... .................... . .. . . . ........................ .......... ..... 6 XIV. Inspection Process.... . . .................. ... . . .. .. .... . ................ . ... ................... 7 XV. Non-discrimination Clause........................................... .... ........................................... 7 XVI. Respective Responsibilities................................. ........ ................................................ 7 XVII. Policy and Procedures Manual.............. ... ........... . .. . .... ...................... ...... ........... 7 XVIII. Term of Agreement. ................... .. ..... ...... .. .. .......... . . ... .... .. -- -....................... 7 XIX. Authorization... ............ .. . .. ............... . ...... . ....... .................. ............ ............... 8 ADDENDUM...................................................... .......... ..................................... .. ..... 9 24 COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 1. PURPOSE The purpose of this MOU is to set forth the responsibilities of the participating agencies as they relate to CVNTF. Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code,and applicable federal laws relating to the trafficking of controlled substances, Agencies participating in CVNTF will be targeting their investigations toward apprehension of street to mid-level violators. Use of this task force concept is intended to ensure well-coordinated narcotic enforcement regionally and increase the flow of narcotic-related intelligence information between the various law enforcement agencies participating in the 8NE Task Force program. 2, MISSION The mission of CVNTF will be to significantly diminish the availability and use of illegal drugs in the county and city boundaries designated by Participating Agency's involvement and apprehend the responsible offenders, thereby increasing public safety. 3. TASK FORCE COUNCIL CVNTF will be governed by a Task Force Council. Participating Agency -A participating agency is an allied state, federal or local law enforcement agency that has made a commitment of resources and manpower for an agreed upon time period. Structure -The Task Force Council will consist of the Senior Special Agent in Charge (SSAC) or Special Agent in Charge (SAC) of the Riverside 8NE Regional Office or their designee and the department heads of each participating agency ar their designee. Role - The Task Force Council shall meet on a monthly basis for the purpose of reviewing the activities of CVNTF. Also,the members shall have general responsibility for the oversight of CVNTF operations. Policy Authority -The Task Force Council shall be responsible for CVNTF policies and operating procedures The Council shall periodically review and evaluate CVNTF operations,goals,objectives, policies and procedures. lL G COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 4. MANAGEMENT The management and supervision of CVNTF's resources will be the responsibility of the Task Force Commander, The Task Force Commander shall retain supervisory control of the personnel assigned to CVNTF. When the number of law enforcement personnel from participating agencies drops below four, BNE may terminate the MOU. When the number of law enforcement personnel from participating agencies is over nine, BNE may add a second Special Agent Supervisor(SAS) 5. TASK FORCE COMMANDER A Special Agent Supervisor(SAS)from BNE shall be responsible for managing CVNTF and will report to the Task Force Council through the Chairperson of the Council. The Task Force Commander will provide the Task Force Council with monthly and annual reports of CVNTF's activities. Any personnel assigned to CVNTF shall adhere to the published policies and procedures of CVNTF. 6. COMPENSATION Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. 7. BUDGET The Task Force Commander will prepare a proposed budget each year(date to be determined by the Task Force Council)for the ensuing fiscal/calendar year for approval by the Task Force Council. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Task Force Council as outlined in the Policy and Procedure Manual, 8. TRAINING Training is handled by the participating agencies according to their individual budget. Ayearly training plan for all task force personnel, sworn and non-sworn, shall be prepared by the Task Force Commander upon their assignment to the task force. In addition,a yearly group training plan shall be prepared by the Task Force Commander and submitted with the task force budget proposal. 9. ANNUAL REPORT The Task Force Commander will provide the Task Force Council and BNE Headquarters with an annual report of activity no later than March 15 of each year This report will summarize the proceeding calendaryear's operation and shall include a section for statistical data broken down in a similar fashion to that of the monthly reports The report shall contain sufficient information regarding controlled substance abuse and trafficking trends to enable the Council to reassess task force goals and objectives. 10. RESOURCES Each of the below listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU,to contribute the following personnel and/or resources to CVNTF in each year of this agreement. 29 COACHELLA VAI-LEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 CVNTF PARTICIPATING AGENCY RESOURCES Bureau of Narcotic Enforcement Cathedral City Police Department 1-2 Special Agent Supervisors 1 - Police Officer 1-2 Undercover Vehicles 1 - Undercover Vehicle *Vehicle Radio and Portable Radio *Vehicle Radio and Portable Radio Misc Administrative Support Standard Complement of Investigative Misc. Inventory Equipment and Safety Equipment Standard Complement of Investigative and Safety Equipment Indio Police Department Desert Hot Springs Police Department 1 -Police Officer 1 -Police Officer 1 - Undercover Vehicle 1 -Undercover Vehicle 'Vehicle Radio and Portable Radio 'Vehicle Radio and Portable Radio Standard Complement of Investigative Standard Complement of Investigative and Safety Equipment and Safety Equipment Riverside County Probation Department Riverside County Child Protective Services 1 -Police Officer 1 -Police Officer 1 -Undercover Vehicle 1 - Undercover Vehicle *Vehicle Radio and Portable Radio *Vehicle Radio and Portable Radio Standard Complement of Investigative Standard Complement of Investigative and Safety Equipment and Safety Equipment Riverside County Sheriff's Department *Coachella Police Department 1 -Police Officer 1 -Police Officer 1 - Undercover Vehicle 1 - Undercover Vehicle *Vehicle Radio and Portable Radio *Vehicle Radio and Portable Radio Standard Complement of Investigative Standard Complement of Investigative and Safety Equipment and Safety Equipment *La Quinta Police Department *Palm Desert Police Department 1 -Police Officer 1 -Police Officer 1 - Undercover Vehicle 1 - Undercover Vehicle *Vehicle Radio and Portable Radio `Vehicle Radio and Portable Radio Standard Complement of Investigative Standard Complement of Investigative and Safety Equipment and Safety Equipment *Palm Springs Police department 1 - Police Officer 1 -Undercover Vehicle *Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 11. FACILITIES,_EQUIPMENT AND PROPERTY When the number of law enforcement personnel from participating agencies drops permanently below four, BNE may terminate the MOU . In such cases, any balance of the facility's lease agreement (or any contractual agreement) will be shared on a pro-rata basis by the participating agencies in this MOU,and/or paid with any asset forfeiture funds. Any and all property, including equipment,furniture, and furnishings of whatever kind or description, purchased or acquired with DOJ funds shall be the property of OOJ. At the termination of this agreement and whereupon no new agreement is reached,all said property shall be returned to DOJ. Any equipment purchased with task force or seized funds which is damaged,broken,misplaced,lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to CVNTF , shall be repaired or replaced by the agency of the responsible employee at the determination of the Task Force Commander. With respect to facilities,the OES Grant,State and/or Federal Asset Forfeiture shall be the source of funds to pay for items 1 - 10 listed below- 1. Lease of office space- 2- Installation of telephone lines and monthly, local, CALNET and long distance charges- 3- Telephone equipment. 4. Utilities. 5. Alarm equipment including maintenance and monitoring. 6. Evidence storage and alarm security. 7. CLETS machine on single or county line. 8. Janitorial services, (unless included in full-service lease). 9. Landscape services, (unless included in full service lease). 10, Purchase and installation of at least one personal computer, printer and modem that is compatible with DOSS MAPPER/CIMS/GroupWise System. 12. ASSET FORFEITURE The Task Force Council agrees that proceeds derived from asset forfeiture, under state and/or federal law. Initiated in the course of investigations conducted by CVNTF, shall be used for CVNTF operating expenditures The Task Force Council agrees not to consider any type of asset forfeiture sharing among member agencies until the adjudicated asset forfeiture account reaches$500,000, Asset forfeiture sharing will be discussed by the Task Force Council on a case by case basis at that time. All forfeiture procedures and sharing will be based upon the appropriate provisions of state law and policy. Modification to the asset forfeiture agreement requires approval in writing by members of the Task Force Council. 13. ADMINISTRATION AUDIT In no event shall the member agencies charge any indirect costs to DOJ for administration or implementation of this agreement during the term thereof Any and all records pertaining to CVNTF expenditures shall be readily available for examination and audit by BNE or any other participating agency. In addition,all such records and reports shall be maintained until audits and examination are completed and resolved, or for a period of (3) three years after the termination of the agreement, whichever is sooner. COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 14. INSPECTION PROCESS It is the policy of BNE to maintain a formal administrative inspection program. This program requires inspections of each BNE supervised regional task force once every eighteen (16) months or as necessary, with follow up inspections within six (6) months. Copies of the inspection report will be delivered to the regional office SAC and the Task Force Commander. Upon the change of command of a task force supervisor, an administrative inspection shall be conducted, which includes all areas of the compliance inspection, with the exception of staff interviews. 1s. NONDISCRIMINATION CLAUSE All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S Department of Justice(CFR, Part 42, Subpart C and D) issued pursuant to Title VI relating to discrimination on the grounds of race,color,creed,sex, age or national origin and equal employment opportunities- is. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of CVNTF shall be responsible for the acts of its participating officer(s)and shall incur any liabilities arising out of the service and activities of those officers while participating in CVNTF, Personnel assigned to CVNTF shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. 17. POLICY AND PROCEDURES MANUAL It is agreed that all members of the task force shall abide by the applicable policies and procedures as expressed in the CVNTF Manual;which is specific in content to the needs, objectives,and goals of CVNTF. In newly created regional task forces, this manual will be developed by the end of the sixth month of operation. 18, TERM OF AGREEMENT The term of this agreementshall be from July,2008,through June,2013-The term of this agreement f] may be canceled by notice in writing to the Task Force Council Chairperson, thirty(30) days prier theFsef- An extension of this MOU will be granted pursuant to the signed agreement of the Task Farce Council, CVNTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. -01 This Agreement may be cancelled by the City at any time during the term of the Agreement with 30 days written notice. i AUTHORIZATION The participating agencies,but heir duly authorized oIfi cials,have executed this MOU on the respective dates indicated below. This MOU will be come effective upon receipt by the SNE headquarters of the original MOU with all its attachments. All future amendments must be forwarded to headquarters and will become effective upon receipt_ CITY OF PALM SPRINGS a municipal corporation; David G. Dominguez, Chief Palm Springs Police Department Signature By Date: David;T Ready; Cite Manager Attest: City Clerk APPROVM AS TO FORM: City Attorney