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HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (7) -, DATE: JUNE 18, 2003 TO: CITY COUNCIL FROM: GARY JEANDRON, CHIEF OF POLICE POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE COACHELLA VALLEY NARCOTICS TASK FORCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement for five years for continued participation in the Coachella Valley Narcotics Task Force. SUMMARY: The City of Palm Springs Police Department has participated in various joint multi-agency task forces for many years. Each task force has an individual memorandum of understanding that must be signed by each participating agency. This Minute Order would authorize the City Manager to renew the existing agreement for five years with the Coachella Valley Narcotics Task Force. BACKGROUND: The City of Palm Springs Police Department has participated in various joint, multi-agency task forces for many years. Each task force has an individual memorandum of understanding that must be signed by each participating agency. Currently the Palm Springs Police Department participates in the Coachella Valley Narcotics Task Force. This organization's goal is to significantly diminish the availability and use of illegal drugs in the county and participating cities by apprehending drug offenders, thereby increasing public safety. The Palm Springs Police Department has been participating in this task force since 1992. Membership in this task force requires the City of Palm Springs to enter into an agreement or memorandum of understanding. From time to time the agreement must be renewed for continued participation. The current Coachella Valley Narcotics Task Force memorandum of understanding is effective until June 30, 2003. This Minute Order would authorize the City Manager to renew the agreement for five years for continued participation in the Coachella Valley Narcotics Task Force in a form approved by the City Attorney. GARY� A DRON Chief-of olice GJ:rm Approved �, �_--�- `—`' �, e-.. ,• "O City Manager Attachments: 1. Minute Order 2. Memorandum of Understanding 6, -c Memorandum of Understanding Fiscal Years 2003 - 2008 This Memorandum of Understanding (MOU) is to establish The Coachella Valley Narcotics Task Force (hereinafter CVNTF) is entered into by the California Bureau of Narcotic Enforcement (hereinafter BNE and the following participating agencies: Riverside County Sheriff's 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 6; Page 1 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. 3Af Page 3 of 9 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). 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, 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. Page 4 of 9 .O� ' � 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. Participating Agency Resources of CVNTF Bureau of Narcotic Enforcement Palm Springs Police Department Two Special Agent Supervisors One Police Officer Two undercover vehicles One undercover vehicle Undercover funds as appropriate Standard complement of Investigative and Miscellaneous administrative support safety equipment Miscellaneous inventory equipment Vehicle and portable radio Standard complement of Investigative and safety equipment Desert Hot Springs Police Department Vehicle and portable radio One Police Officer One undercover vehicle Cathedral City Police Department Standard complement of Investigative and One Police Officer safety equipment One undercover vehicle Vehicle and portable radio Standard complement of Investigative and safety equipment Riverside County Probation Department Vehicle and portable radio One Investigator One undercover vehicle Indio Police Department Standard complement of Investigative and One Police Officer safety equipment One undercover vehicle Vehicle radio Standard complement of Investigative and Portable radio safety equipment Vehicle and portable radio 3OA& Page 5 of 9 Riverside County Sheriff's Department Riverside County Child Protective Services One Sheriff's Deputy One Investigator One undercover vehicles One undercover vehicle 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 Palm Desert Police Department One Deputy Sheriff One undercover vehicle Standard complement of Investigative and safety equipment Vehicle and portable radio XI. 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 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: 1. Lease of office space. 2. Installation of telephone lines and monthly, local, CALNET and long distance charges. 3. Telephone equipment. A 7 Page 6 of 9 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 DOS's MAPPER/CIMS/GroupWise system. XII. ASSET FORFEITURE Based on the attached asset forfeiture agreement, proceeds derived from an asset forfeiture, understate and/or federal law,initiated in the course on investigations conducted by CVNTF, will be. shared equitably among member agencies. The equitable sharing will be based on the attached formula developed by the Task Force Council. 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 DOS 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. 3AS; Page 7 of 9 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 or pursuant 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 It 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. 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 term 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. 2-- Page 8 of 9 MINUTE ORDER NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR FIVE YEARS FOR CONTINUED PARTICIPATION IN THE COACHELLA VALLEY NARCOTICS TASK FORCE I HEREBY CERTIFY THAT this Minute Order, authorizing the City Manager to enter into an agreement for five years for continued participation in the Coachella Valley Narcotics Task Force, was adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 18th day of June, 2003. City Clerk