Loading...
HomeMy WebLinkAboutC32240 - Coachella Valley Violent Crime Gang Task Force Memorandum of Understanding - Palm Desert Police StaffingContract No. C32240 CITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVAL OF THE COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE (CWCGTF) MEMORANDUM OF UNDERSTANDING. SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: September 13, 2012 CONTENTS: CWCGTF Memorandum of Understanding Recommendation By minute motion, 1. Approve the Coachella Valley Violent Crime Gang Task Force (CVVCGTF) Memorandum of Understanding (MOU) 2. Authorize the City Manager, or his designee, to execute the CWCGTF 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. Backaround The mission of the Coachella Violent Crime Gang Task Force (CWCGTF) is to allocate resources from all participating cities, county agencies, and other allied law enforcement agencies for the purpose of promoting safe and secure neighborhoods free of violent crime and gang violence. The goals and objectives of the CWCGTF are as follows: 1. To reduce violent crimes committed by and against juveniles 2. To deter youth gang recruitment by educating youth on social & economic alternatives 3. To prevent local youth gangs from developing into sophisticated criminal enterprises 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 cooperatively, the participating agencies will endeavor to effectively enforce California and applicable federal laws relating to violent crime, street terrorism, and gang -related crimes. 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 Staff Report: CVVCGTF MOU September 13, 2012 Page 2 of 2 The Palm Desert Police Department provides the following resources as a participating agency within the CVNTF: • One Investigator • One Vehicle (including operational costs) • Standard compliment of investigative and safety equipment 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: ' V DENIED Stephen Y Ary'a6, Risk M ager RECEIVED OTHER Reviewed By: AYES: " 4/ NOES: ABSENT: ABSTAIN: Paul S. Gibson, Director of Finance/City TrNMIFIED BY: Original on File with City erk's Office Approval: n M. Wohlmuth, City Manager Contract NO. C322AO Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding Memorandum of Understanding 2013 - 2018 This Memorandum of Understanding (hereinafter MOU) is to establish the Coachella Valley Violent Crime Gang Task Force (hereinafter CVVCGTF) is entered into by the following participating agencies: California Highway Patrol — Indio Station Cathedral City Police Department Coachella Police Department Desert Hot Springs Police Department La Quinta Police Department Palm Desert Police Department Palm Springs Police Department Riverside County District Attorneys Office — Indio Riverside County Probation Department — Indio Riverside County Sherds Department Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding Table of Contents Memorandum of Understanding.................................................................... 1 1. Purpose............................................................................................... 3 2. Mission.............................................................................................. 3 3. Task Force Executive Board.............................................................. 3-4 4. Management...................................................................................... 4 5. Task Force Commander...................................................................... 4 6. Compensation.................................................................................... 4 7. Budget.............................................................................................. 4 8. Training............................................................................................. 4 9. Annual Report ................................................................................... 5 10. Resources.......................................................................................... 6 11. Facilities, Equipment and Property ...................................................... 7 12. Asset Forfeiture................................................................................. 7 13. Administrative and Audit.................................................................. 7 14. Inspection Process............................................................................. 7 15. Non -Discrimination Clause................................................................ 7 16. Respective Responsibilities................................................................ 7 17. Policy and Procedures Manual............................................................ 7 18. Member Contributions..................................................... 8 19. Term of Agreement........................................................................... 8 20. Authorization............................................................... 8 21. Signature of Authorization................................................. 9-18 Asset Forfeiture Formula .............................. .....Attachment A Addendums 2 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding PURPOSE The purpose of this MOU is to set forth the responsibilities of the participating agencies as they relate to CVVCGTF. Working cooperatively, the participating agencies will endeavor to effectively enforce the laws of the State of California, including the Penal Code, Vehicle Code, Health and Safety Code, and applicable federal laws relating to violent crime, street terrorism, and gang -related crimes. Agencies participating in CVVCGTF will be targeting their investigations toward apprehension and conviction of all offenders, including mid -level youthful offenders who commit gang -related and violent crime(s) within the Coachella Valley. Use of this task force concept is intended to ensure well -coordinated, violent crime and gang enforcement regionally, while increasing the flow of violent crime and gang -related intelligence information between the various participating law enforcement agencies. 2. MISSION The mission of the Coachella Violent Crime Gang Task Force (CVVCGTF) is to allocate resources from all participating cities, county agencies, and other allied law enforcement agencies for the purpose of promoting safe and secure neighborhoods free of violent crime and gang violence. 1. The goals and objectives of the CVVCGTF are as follows: A. To reduce violent crimes committed by and against juveniles B. To deter youth gang recruitment by educating youth regarding real social and economic alternatives C. To prevent local youth gangs from developing into sophisticated criminal enterprises 3. EXECUTIVE COMMITTEE The CVVCGTF shall be governed by an "Executive Board." EXECUTIVE BOARD CHAIRPERSON A. The affairs of this organization will be directed by an Executive Board. The Executive Board shall annually elect an Executive Board Chairperson who will be the Task Force Commander's primary contact regarding task force affairs. The Executive Board Chairperson shall be made aware of any and all matters that may require a consensus of the Executive Board prior to each regularly scheduled monthly meeting. The Executive Board Chairperson shall also preside over CVVCGTF Executive Board meetings and is responsible for the formulation of meeting minutes and notification of Executive Board members of upcoming meetings. The Executive Board shall have a Vice Chairperson who will act on behalf of the Chairperson in his or her absence. B. The Task Force Executive Board will consist of one member from the Riverside County Sheriff's Department's Palm Desert Station, Riverside County Sheriff's Department's Thermal Station (Coachella and La Quinta Police Departments) Palm Springs Police Department, Cathedral City Police Department, Desert Hot Springs Police Department, Riverside County Probation, California Highway Patrol, Indio Police Department, and the Riverside County District Attorney's Office. A commander level individual or officer may act on behalf of the designated agency or division at the discretion of the board Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding member in the voting member's absence. A simple majority of the voting members will constitute a quorum. A voting member shall have a full time employee assigned to CVVCGTF. 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 CVVCGTF activities. Also, the members shall have general responsibility for the oversight of CVVCGTF operations. 3. Policy Authority - The Task Force Executive Board shall be responsible for CVVCGTF policies and operating procedures. The Board shall periodically review and evaluate CVVCGTF operations, goals, objectives, and policies and procedures. 4. MANAGEMENT The Riverside County Sheriff's Department will be responsible for providing a Task Force Supervisor. The management and supervision of CVVCGTF'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 CVVCGTF. When the number of law enforcement 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 CVVCGTF personnel and activities. The Task Force Commander will report to the CVVCGTF Executive Board via the CVVCGTF Chairperson. The Task Force Supervisor/Commander will provide the Executive Board with monthly and annual reports of CVVCGTF activities. All personnel assigned to CVVCGTF shall adhere to the published policies and procedures as adopted by the Executive Board. 6. COMPENSATION Each participating agency is responsible for providing its respective personnel with salaries, benefits, and overtime in accordance with FLSA regulations. Due to potential budgetary impact, overtime must be an item of communication between the Task Force commander and each participating agency. 7. BUDGET The Task Force Commander will prepare a proposed budget each year (date to be determined by the Executive Board) for the ensuing fiscal/calendar year for approval by the Executive Board. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Executive Board as outlined in the Policy & Procedure Manual. 8. TRAINING As training budgets may vary, the training of CVVCGTF personnel shall be the responsibility of each participating agency with CVVCGTF assigned personnel. A yearly training plan for all CVVCGTF 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 yearly budget proposal. 4 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding 9. 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 calendar year. This report shall summarize the operation and activities of the task force for the proceeding calendar year. This report 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 gang activity and trends to enable the Executive 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 at a minimum, the following personnel and resources to CVVCGTF in each year of this agreement. CWCGTF PARTICIPATING AGENCY RESOURCES Riverside County Sheriffs Department 1. (1) One Sergeant Supervisor 2. (2) Deputy Sheriffs 3. (1) One Office Assistance 4. (4) Four vehicles including cost of operation 5. Standard compliment of investigative and safety equipment for each assigned personnel California Highway Patrol 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment Cathedral City Police Department 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment Coachella Police Department 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment Desert Hot Springs Police Department 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment La Quinta Police Department 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment 5 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding Palm Desert Police Department 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment Riverside County District Attorney 1 (1) One Investigator 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment Riverside County Probation Department 1 (1) One Probation Officer 2 (1) One vehicle including cost of operation 3 Standard compliment of investigative and safety equipment 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 is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the CVVCGTF , shall be repaired or replaced by the agency of the responsible employee at the determination of the Task Force Commander. With respect to facilities, a portion of the JABG Grant and portions derived from member contributions shall be the source of funds to pay for items 1- 10 listed below: 1. Installation of telephone lines and monthly, local, CALNET and long distance charges. 2. Telephone equipment. 3. Utilities. 4. Alarm equipment including maintenance and monitoring. 5. CLETS machine on single or county line. 6. Janitorial services, (unless included in full -service lease). 7. Printer/copier service fees 8. General operating costs 9. Operational expenses (purchase of evidence and intelligence, and travel) 10. Purchase of audio/video equipment, fuel, and maintenance upkeep for JABAG vehicle; fuel and maintenance upkeep for armored vehicle Al Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding 12. ASSET FORFEITURE Based on the attached asset forfeiture agreement, proceeds derived from asset forfeiture, under state and/or federal law, initiated in the course of investigations conducted by CVVCGTF, shall be shared equitably among member agencies, or shall be used for CVVCGTF operating expenditures at the discretion of the Executive Board. All forfeiture procedures and sharing will be based upon the appropriate provisions of State law or Federal law and policy. Modification to the asset forfeiture agreement requires approval in writing by members of the Executive Board. 13. ADMINISTRATION AUDIT In no event shall member agencies charge any indirect costs for administration or implementation of this agreement during the term thereof. Any and all records pertaining to CVVCGTF 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 RSO to maintain a formal administrative inspection program. This program requires an inspection of each RSO supervised task force once every twelve (12) months or as necessary, with follow-up inspection(s) within six (6) months. This inspection shall be conducted by the Task Force Director and a representative of the Executive (Regional) Board. All findings shall be presented to the Executive Board for review. Upon the change of command of a task force supervisor, an administrative inspection shall be conducted. This audit shall include the inspection of all operational and petty cash fund accounts, and all specialized equipment. 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 the CVVCGTF 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 CVVCGTF. 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 CVVCGTF 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 CVVCGTF Manual; which is specific in content to the needs, objectives, and goals of the CVVCGTF. 7 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding 18. MEMBER CONTRIBUTIONS Participating agencies shall contribute annually to the general Task Force fund in an amount decided upon by the Executive Board. These contributions will be applied toward annual training (gang conference), facilities upkeep, utilities, purchase of equipment, and operational expenses (CI payments, purchase of evidence, travel expenses). Current Contribution: As of August 22, 2012, the current member contribution is $4,992.00. 2. Inkind Contribution: Participating agencies have the option of an "Inkind" contribution for services rendered to the Task Force in lieu of a monetary contribution. All "Inkind" contributions shall be decided upon by the Executive Board. 3. Non -Contribution Request: Agencies that are not currently represented, or do not anticipate fiscal year participation, may submit a "Non - Contribution" request to the Executive Board for review. 19. 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 Executive Board. CVVCGTF will only be responsible for financial obligations incurred by CVVCGTF participating agencies during the term of this agreement. 20. 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 of the original MOU with all its attachments by the Riverside County Sheriff Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department Executive Staff and will become effective upon receipt. Authorized by: (See following signature pages 9-19) �:l Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Kevin Conner PRINTED NAME Chief of Police Cathedral City Police Department TITLE AGENCY NAME DATE: E Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Commander TITLE DATE: Laura Quattlebaum PRINTED NAME California Highway Patrol AGENCY NAME 10 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Chief of Police TITLE DATE: Kate Singer PRINTED NAME Desert Hot Springs Police Department AGENCY NAME 11 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. �Y[ei►G�r�1:»l Chief of Police TITLE DATE: Andrew Shouse PRINTED NAME La Quinta / Coachella Police Department AGENCY NAME 12 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriffs Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriffs Department's Executive Staff and will become effective upon receipt. SIGNATURE Chief of Police TITLE DATE: Kevin Vest PRINTED NAME Palm Desert Police Department AGENCY NAME 13 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Chief of Police TITLE I1I:r1i Al Franz PRINTED NAME Palm Springs Police Department AGENCY NAME 14 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative from the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Commander TITLE DATE: Jeff Lederman PRINTED NAME Riverside County District Attorney AGENCY NAME 15 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Chief of Probation TITLE DATE: Alan Cro an PRINTED NAME Riverside County Probation AGENCY NAME 16 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff Executive Staff. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department Executive Staff and will become effective upon receipt. SIGNATURE Chief of Police TITLE DATE: Richard Twiss PRINTED NAME Indio Police Department AGENCY NAME 17 Coachella Valley Violent Crime Gang Task Force 2013-2018 Memorandum of Understanding SIGNATURE OF 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 of the original MOU with all its attachments by the Riverside County Sheriff's Department's Executive Staff. As a member of the Sheriff's Executive Staff, I hereby accept this MOU on behalf of the Riverside County Sheriff's Department. All Future amendments must be forwarded to a representative of the Riverside County Sheriff's Department's Executive Staff and will become effective upon receipt. SIGNATURE Chief Dgputy, TITLE DATE: Rodney Wage PRINTED NAME Riverside County Sheriff, Executive Staff AGENCY NAME 18