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HomeMy WebLinkAboutC32230 - Coachella Valley Narcotics Task Force Memorandum of Understanding - Palm Desert Police StaffingContract No. C32230 CITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVAL OF THE COACHELLA VALLEY NARCOTICS TASK FORCE (CVNTF) MEMORANDUM OF UNDERSTANDING. SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: September 13, 2012 CONTENTS: CVNTF Memorandum of Understanding Recommendation By minute motion, 1. Approve the Coachella Valley Narcotics Task Force (CVNTF) Memorandum of Understanding. 2. Authorize the City Manager, or his designee, to execute the CVNTF MOU. Commission Recommendation\ The Palm Desert Public Safety Commission is scheduled to review this item on September 12, 2012, after this report was prepared. Staff can provide an oral update on the Commission's recommendation upon request. Background The Coachella Valley Narcotics Task Force (CVNTF) is a co -located multi -agency narcotic task force comprised of participating Coachella Valley law enforcement agencies, targeting narcotics sales and trafficking in Riverside County. The primary mission of this task force is the disruption of narcotics sales with the intent to diminish the availability of these drugs, and to apprehend the responsible offenders, thereby increasing public safety. The purpose of this Memorandum of Understanding is to set forth the responsibilities of the participating agencies as they relate to this task force. Working in conjunction, the participating agencies will endeavor to effectively enforce California's controlled substance laws and applicable federal laws relating to the trafficking of controlled substances. The term of this MOU is from April 1, 2012 through March 31, 2017. The agreement may be canceled by thirty days notice in writing The Palm Desert Police Department provides the following resources as a participating agency within the CVNTF: • One Police Officer • One Undercover Vehicle • Vehicle Radio and Portable Radio • Standard Complement of Investigative and Safety Equipment Staff Report: CVNTF MOU September 13, 2012 Page 2 of 2 Fiscal Analysis Staffing of one Palm Desert Police Officer ($118,935.95) is included in the FY 2012-13 City Budget. No additional appropriation is required. Submitted By: Y nager • �• ;111014N-471iA- DENIED OTHER NOES: ABSENT: , 7 ABSTAIN: - - VERIFIED BY. - Paul S. Gibson, Director of Finance/City astop File with City ,lerk's Office Approval: Wohlmuth, City Manager Contract No. C32230 Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 This Memorandum of Understanding (hereinafter MOU) is to establish The Coachella Valley Narcotic Task Force (hereinafter CVNTF) is entered into by the following participating agencies: Cathedral City Police Department Coachella Police Department Desert Hot Springs Police Department La Quinta Police Department Palm Springs Police Department Palm Desert Police Department Riverside County Sheriffs Department Riverside County Department of Public Social Services (Child Protective Services) Riverside County Probation Department 1 Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 Table of Contents Memorandum of Understanding.................................................................... 1. Purpose............................................................................................... 2. Mission......:....................................................................................... 3. Task Force Executive Board.............................................................. 4. Management...................................................................................... 5. Task Force Commander...................................................................... 6. Compensation.................................................................................... 7. Budget.............................................................................................. 8. Training............................................................................................. 9. Annual Report ................................................................................... 10. Resources.......................................................................................... 11. Facilities, Equipment and Property ...................................................... 12. Asset Forfeiture................................................................................. 13. Administrative and Audit.................................................................. 14. Inspection Process............................................................................. 15. Non -Discrimination Clause................................................................ 16. Respective Responsibilities................................................................ 17. Policy and Procedures Manual............................................................ 18. Term of Agreement........................................................................... 19. Authorization..................................................................................... 20. ADDENDUM............................................................................. 1 3 3 3 3 4 4 4 4 4 4 6 6 7 7 7 7 7 7 8 E 2 Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 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 and increase the flow of narcotic -related intelligence information between the various law enforcement agencies participating in the Coachella Valley Narcotics Task Force program. MISSION The Coachella Valley Narcotics Task Force is a co -located multi -agency narcotic task force with participation by law enforcement agencies serving the Coachella Valley, targeting narcotics sales and trafficking in Riverside County. The primary mission of this task force is the disruption of narcotics sales with the intent to diminish the availability of these drugs, and to apprehend the responsible offenders, thereby increasing public safety. 3. TASK FORCE EXECUTIVE BOARD A. The affairs of this organization will be directed by an Executive Board. The Executive Board will consist of the executive officer of each participating law enforcement agency or division represented by a full time investigator /deputy/officer on the CVNTF. A commander level individual or officer may act on behalf of the designated agency or division at the discretion of the board member. A simple majority of the voting members will constitute a quorum. A voting member shall have a full time employee assigned to CVNTF. B. The Task Force Executive Board will consist of one member from the Riverside Sheriff's Office (Palm Desert), Riverside Sheriff's Office (Thermal), Palm Desert Police Department, La Quinta Police Department, Coachella Police Department, Palm Springs Police Department, Cathedral City Police Department, Desert Hot Springs Police Department, Riverside County Probation, and Riverside County Department of Public Social Services (Child Protective Services) 1. 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. 2. Role - The Executive Board 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. 3. Policy Authority - The Task Force Executive Board shall be responsible for CVNTF policies and operating procedures. The Board shall periodically review and evaluate CVNTF operations, goals, objectives, policies and procedures. 4. MANAGEMENT The management and supervision of CVNTF's resources will be the responsibility of the Task Force Supervisor/Commander. The Task Force Supervisor shall retain supervisory control of the personnel assigned to CVNTF. When the number of law enforcement K3 Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 personnel from participating agencies drops below four, RSO may terminate the MOU. When the number of law enforcement personnel from participating agencies is over ten, RSO may add a second supervisor. 5. TASK FORCE SUPERVISOR A Riverside County Sheriff's Sergeant shall be responsible for managing CVNTF and will report to the Task Force Board through the Chairperson of the Executive Board. The Task Force Supervisor will provide the Task Force Board 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 Board) for the ensuing fiscal/calendar year for approval by the Task Force Board. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Task Force Board as outlined in the Policy and Procedure Manual 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. ANNUAL REPORT The Task Force Commander will provide the Task Force Executive Board 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 Board 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 resources to CVNTF in each year of this agreement. 4 Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 CVNTF PARTICIPATING AGENCY RESOURCES Riverside County Sheriffs Dept. 1 — Sergeant Supervisor 1 - Undercover Vehicles Vehicle Radio and Portable Radio Misc. Administrative Support Misc. Inventory Equipment Standard Complement of Investigative and Safety Equipment Riverside County Probation Dept. 1 - Probation Officer 1 - Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment Riverside County Sheriffs Dept. 1 - Police Officer 1 - Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment La Ouinta Police Department 1 - Police Officer 1 - Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative 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 Cathedral City Police Department 1 - Police Officer 1 - Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment Riverside County Dept of Public Social Services - (Child Protective Services 1 - Social Worker 1 - Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment Coachella Police Department 1 - Police Officer 1 - Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment Palm Desert Police Department 1 - Police Officer 1 -Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment. Desert Hot Springs Police Dept. 1- Police Officer 1- Undercover Vehicle Vehicle Radio and Portable Radio Standard Complement of Investigative and Safety Equipment Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 11. FACILITIES. EQUIPMENT AND PROPERTY When the number of law enforcement personnel from participating agencies drops permanently below four, RSO 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 shall be shared by or returned to those participating agencies as directed by the Executive Board. At the termination of this agreement and whereupon no new agreement is reached, all said property shall be returned to RSO. Any equipment purchased with task force or seized funds which are 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 Supervisor. 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 DOJ's MAPPER/CIMS/GroupWise System. 12. ASSET FORFEITURE The Executive Board 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 Board agrees not to consider any type of asset forfeiture sharing among member agencies until the adjudicated asset forfeiture account reaches $600,000. Asset forfeiture sharing will be discussed by the Executive Board 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 Board. I Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 13. ADMINISTRATION AUDIT In no event shall the member agencies charge any indirect costs 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 any 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. 14. INSPECTION PROCESS It is the policy of CVNTF to maintain a formal administrative inspection program. This program requires inspections of RSO supervised task force twice every twelve (12) months by Chief Deputy and every month (1) months or as necessary by CVNTF Executive Board, with follow up inspections within six (6) months. Copies of the inspection report will be delivered to the Sheriff and/or his/her designee and the Task Force Supervisor. 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 of the task force personnel and .their participating agencies against any losses, damages, or liabilities arising out of the activities of the task force, each participating agency shall be responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating in the task force. Personnel assigned to the task force shall be deemed to be continuing under the employment of their agency and shall have the same powers duties, privileges, responsibilities, and immunities as are conferred upon them as a peace officer(s) in their own jurisdiction. There is no intent on the part of any agency of the CVNTF to create a separate legal entity subject to suit. 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 task forces, this manual will be developed by the end of the sixth month of operation. Coachella Valley Narcotics Task Force Memorandum of Understanding Fiscal Years 2012-2017 18. TERM OF AGREEMENT The term of this agreement shall be from April 1, 2012 through March 31, 2017. The term of this agreement may be canceled by notice in writing to the Executive Board Chairperson, thirty (30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Executive Board. CVNTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. 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 Riverside County Sheriff. All Future amendments must be forwarded to the Riverside County Sheriff and will become effective upon receipt. Authorized by: Signature Printed Name and Title Agency Name Date Eta