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HomeMy WebLinkAboutA4722 - CV NARCOTICS TASK FORCE CVNTF POLICE DRUG ENFORCEMENT 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 *Desert Hot Springs Police Department *Palm Springs Police Department *Riverside County Sheriffs Department *Palm Desert Police Department *La Quinta Police Department *Coachella Police Department *Riverside County Department of Public Social Services (Child Protective Services) Page 1 of 8 COACHELLA VALLEY NARCOTIC TASK FORCE .... ........ .. _ Memorandum of Understanding Fiscal Years 2009 - 2013 Table of Contents Memorandum of Understanding................ ......................................... -- .. --............... 1 I. Purpose .......................... ... .................... ...... ........ ............ . ................................. ...... 3 11. Mission........................... ........................ . ...................................................................... 3 III. Task Force Council................................. ........................................................................ 3 IV. Management............................... . ....................... .. . ... ............................ .................... 4 V. Task Force Commander........... .... ..................... . ................................ ........................ 4 VI. Compensation.. ...................................... .......................... ............................... 4 VII. Budget..................................................................................................... ........................ 4 Vill. Training........... ... ........................ ............................ ...................................................... 4 IX. Annual Report............ -- ............................................. ............................................ 4 X. Resources . ........................ . . ................ . . . ........................ ....................................... 5 XI. Facilities, Equipment and Property............ ..................................................................... 6 XII. Asset Forfeiture............................................................ . . ...................... ....................... 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 Page 2 of 8 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 endeavorto 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 BNE 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 BNE Regional Office or their designee and the department heads of each participating agency or 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. Page 3 of 8 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. A yearly training plan for all task force personnel, sworn and non-sworn, shall be prepared by the Task Farce 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 Farce 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 calendar year'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 yearof this agreement. Page 4 of 8 COACHELLA VALLEY 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 Palm Springs Police Department 7-Probation 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 J Riverside County Sheriffs Department ✓ "La Quinta 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 *Coachella 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 Riverside County Dept. of Public Social Riverside County Dept. of Public Social Services— (Child Protective Services—East Services—(Child Protective Services-Mid County) Coun 1 —Social Worker 1 —Social Worker 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 Page 5 of 8 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 DOJ. 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- S. 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 DOJ's 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 Farce 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, Page 6 of 8 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 (24) 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. 15. 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. 16. 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 agreement shall be from July 1, 2008, through June 30, 2013. The term of this agreement may be canceled by notice in writing to the Task Force Council Chairperson, thirty(30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Council. CVNTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. Page 7 of 8 COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 19. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the BNE Headquarters of the original MOU. All Future amendments must be forwarded to headquarters and will become effective upon receipt. AT-TEST, Authorized by, . 0 ty Clerk Signature Date David H. Ready City Manager Printed Name and Title City of Palm Springs Agency Name APPROVED BY CITY COUNCIL !J Page 8 of 8 COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the BNE Headquarters of the original MOU. All Future amendments must be forwarded to headquarters and will become effective upon receipt. David Dominguez, Chief of Police Date Palm Springs Police Department 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 COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 Table of Contents Memorandum of Understanding. .... .. . .. .... .. .. .. . . .. .. .. .... .. .... .. .. .. .... .. .. .. .. . 1 I. Purpose ....... ....... ....... .... .. . .. .... .. .... .. .. . .. .. .. . . .. .. .......... ....... ................... .. .. 3 II. Mission.......................................... .... ....... .. .......... ....................................................... 3 III. Task Force Council.. . . . 3 IV. Management.. . .. . .. . . .. . . . 4 V. Task Force Commander.. ............ ....... .. .... .. .. ....... .. ............................................ .... 4 VI. Compensation. .. .... .. . .. .... .. .... .. . .. .. . .. .. .. . .. .. .. .... .. .......... .......... .. .. .. ..... ..... 4 VII. Budget............ .. .... .. . .. ....... .... ....... .... .. .. .... .. .. .. .... .. .......... .. ............. .. .. .. .. ... 4 VIII. Training.............................. .... ....................... ............. .......... ....................................... 4 IX. Annual Report. ....... .... .... .. .... .... .. .... ....... .. .. .... .. .. .. .... .. ....... .. .. ....... .. .. .. .. .. 4 X. Resources... ....... .... .. . .. . .. .... .. . .. . .. .. . .. .. .. .. . . .. . . . .. .. .... .. .. ..... . .... . .. .. 5 XI. Facilities, Equipment and Property.... ....... .. ....... .. .. ....... .. .......... .......... .. .. .. .. .. .... 6 XII. Asset Forfeiture.. .... .. . .. .. . .. . .. .... .. . .. .. .. . . .. .. . . . .. .. .... .. .. .... .. .. .. .. .. . . . 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 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 BNE 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 BNE Regional Office or their designee and the department heads of each participating agency or 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 forthe 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 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. A yearly 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 calendar year'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. COACHELLA VALLEY NARCOTIC TASK FORCE Memorandum of Understanding Fiscal Years 2009 - 2013 CVNTP 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 S rin s Police De artment 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 Radicand 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, ENE 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 DOJ 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 B. 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 DOJ's 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 Farce 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 (18) 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. 15. 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. 16. RESPECTIVE RESPONSIBILITIES Forthe purpose of indemnification, each participating agency of CVNTF shall be responsible forthe 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. 1S. TERM OF AGREEMENT The term of this agreement shall be from July, 2008,through June, 2013,The term of this agreement may be canceled by notice in writing to the Task Force Council Chairperson, thirty (30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Council. CVNTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. AUTHORIZATION The participating agencies; but heir duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will be come effective upon receipt by the BNP hcadquai-ers of the original MOU with all its attachments. All futare 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 Date: David H Ready, City Attest: APPROVED BY CITY COUNCIL City Clerk APPR AS TO FORM: wv�/' �t ity Attorney CV Narcotics Task Force MOU AGREEMENT #4722 M07323, 6-18-03 Ec Fob Memorandum of Understanding Fiscal Years 2003 - 2008 This Memorandum of Understanding (MOU) is to establish The Coachella Valley Narcotics TaskForce(hereinafter CVNTF)is entered into by the California Bureau of Narcotic Enforcement (hereinafter BNE) and the following participating agencies: Riverside County Sheriffs Department Palm Desert Police Department Cathedral City Police Department Palm Springs Police Department Indio Police Department Desert Hot Springs Police Department Riverside County Probation Department Riverside County Child Protective Services Page 1 of 9 COACHELLA VALLEY NARCOTICS TASK FORCE Memorandum of Understanding Table of Contents Memorandum of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 It. Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 I1I. Task Force Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IV. Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 V. Task Force Commander . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 VI. Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 VII. Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 VIII. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IX. Annual Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 X. Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6 XI. Facilities, Equipment and Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 XII. Asset Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XIII. Administrative and Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XIV. Inspection Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XV. Non-Discrimination Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVI. Respective Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVII. Policy and Procedure Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVIII. Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XIX. Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Page 2 of 9 I. PURPOSE The purpose of this memorandum 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 BNE Task Force program. II. 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 Agencys' involvement and apprehend the responsible offenders, thereby increasing public safety. III. 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 BNE Regional Office or their designee and the department heads of each participating agency or 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. IV. 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). Page 3 of 9 V. TASK FORCE COMMANDER A 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 activities. Any personnel assigned to CVNTF shall adhere to the published policies and procedures of CVNTF. VI. COMPENSATION Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. VIL 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&Procedure Manual. VIII. TRAINING Training is handled by the participating agencies according to their individual budget. A yearly training plan for all task force personnel, swom 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. IX. 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 calendar year'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. X. 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. Page 4 of 9 Participating Agency Resources of CV1VTF Bureau of Narcotic Enforcement Riverside County Probation Department Two Special Agent Supervisors One Investigator Two undercover vehicles One undercover vehicle Undercover fiords as appropriate Standard complement of Investigative and Miscellaneous administrative support safety equipment Miscellaneous inventory equipment Vehicle radio Standard complement of Investigative and Portable radio safety equipment Vehicle and portable radio Cathedral City Police Department Riverside County Sheriffs Department One Police Officer One Sheriff's Deputy One undercover vehicle One undercover vehicles Standard complement of Investigative and Standard_ complement of Investigative and safety equipment safety equipment Vehicle and portable radio Vehicle and portable radio Two support staff Indio Police Department One Police Officer Palm Desert Police Department One undercover vehicle One Deputy Sheriff Standard complement of Investigative and One undercover vehicle safety equipment Standard complement of Investigative and Vehicle and portable radio safety equipment Vehicle and portable radio Palm Springs Police Department One Police Officer Riverside County Child Protective Services One undercover vehicle One Investigator Standard complement of Investigative and One undercover vehicle safety equipment Standard complement of Investigative and Vehicle and portable radio safety equipment Vehicle and portable radio Desert Hot Springs Police Department One Police Officer One undercover vehicle Standard complement of Investigative and safety equipment Vehicle and portable radio Page 5 of 9 Xl. FACILITIES,EQUIPMENT AND PROPERTY When the number of law enforcement personnel from participating agencies drops permanently below four, BNE may terminate the MOU. hi such cases, any balance of the facilities' lease agreement(or any contractual agreement)will be shared on a pro-rata basis by the participating agencies in this MOU, 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 property of DOJ. 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 ADA OCJP Grant, State and/or Federal Asset Forfeiture shall be the source of funds to pay for items 1-10 listed below if they are not already provided for by an alternate source: 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 DOJ's "PER/CIMS/GroupWise system. Page 6 of 9 XIL ASSET FORFEITURE Proceeds derived from forfeiture, under state and/or federal law, initiated in the course of investigations conducted by CVNTF,shall be shared equitably among member agencies, 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. XIII. 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 examinations are completed and resolved, or for a period of(3)three years after the termination of the agreement, whichever is sooner. XIV. 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 (18) 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. XV. NON DISCRIMINATION CLAUSE All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed orpursuant to the regulations of the U.S.Department of Justice(CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race,color,creed,sex,age or national origin and equal employment opportunities. XVI. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of 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 immrmities as are conferred upon them as peace officers in their own jurisdictions. Page 7 of 9 XVII. POLICY AND PROCEDURE 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. XVIII. TERM OF AGREEMENT The tern of this agreement shall be from July 1,2003, through June 30, 2008. The term of this agreement may be canceled by notice in writing to the Task Force Council Chairperson thirty (30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Council. CVNTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. Page 8 of 9 XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the BNE headquarters of the original MOU. All future amendments must be forwarded to headquarters and will become effective upon receipt. CITY OF PALM SPRINGS a municipal corporation, Gary Jeandron, Chief o. Palm Springs Police Department Signam (�/ Date Date: David H. Ready, City Attest: --&l y`C'Terk APPROVED AS TO FORM: 6V 6' L ,;rav 0 <% ? City Wttorney Page 9 of 9