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Resolution No. 8131s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SOUTHERN CTIP, SOUTHERN CARGO THEFT INTERDICTION PROGRAM, A MULTI -AGENCY TASK FORCE, MEMORANDUM OF UNDERSTANDING WHEREAS, in January of 1994, the State Assembly passed Assembly Bill 813 authorizing the California Highway Patrol ("CHP") to implement and maintain an ongoing statewide cargo theft suppression effort; and WHEREAS, the CHP has implemented a Cargo Theft Interdiction Program ("CTIP") whose focus is to combat cargo theft related crimes on a statewide basis and to target those regions most significantly impacted; and WHEREAS, a joint CHP, multi -jurisdictional, investigative team was established in January of 1995 for the Los Angeles and Inland Empire regions; and WHEREAS, under the direction of the CHP, a multi -agency task force program has been created entitled the Southern Cargo Theft Interdiction Program ("Southern CTIP"), to reduce cargo theft related crimes and increase the identification, apprehension and prosecution of professional thieves and their receivers; and WHEREAS, the general parameters regarding the operation of the Southern CTIP have been memorialized in a Memorandum of Understanding among various agencies; and WHEREAS, the City's participation in the Southern CTIP will enhance police services, thereby benefiting the health and welfare of Vernon's citizens; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, by letter dated January 2, 2003, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that the City be a participant in the Southern CTIP and a Memorandum of Understanding be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Southern CTIP, Southern Cargo Theft Interdiction Program, a Multi -Agency Task Force, Memorandum of Understanding, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute the Memorandum of Understanding for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send the executed Memorandum of Understanding to: Chief Mike Brown California Highway Patrol Southern Division 411 N. Central Avenue, Suite 410 Glendale, CA 91203 - 2 - S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 8th day of January, 2003. ATTEST: BRUCE V. MALKENHORST, City Clerk EONIS C. MkLBURG, Mayor ■ - 3 - � . C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8131, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, January 8, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) - 4 - EXHIBIT 0 SOUTHERN CTIP SOUTHERN CARGO THEFT INTERDICTION PROGRAM A MULTI -AGENCY TASK FORCE MEMORANDUM OF UNDERSTANDING DECEMBER 10, 2002 I. OVERVIEW Over the past several years the cost of cargo theft related crimes in California has risen dramatically. Conservative estimates indicate that combined losses suffered by the trucking industry, railroads and insurance companies, surpass $500 Million annually. However, no financial total can adequately quantify the actual costs of cargo theft related losses which include job -site downtime, replacement of stolen commercial vehicles, time spent on additional paperwork, and increased insurance costs. Consequently, in January of 1994, the State Assembly passed Assembly Bill 813 which mandated the California Highway Patrol (CHP) to implement and maintain an ongoing statewide cargo theft suppression effort. In keeping with the Governor's philosophy of reducing the economic impact of crime on industry and the public, and in compliance with the directive expressed in AB 813, the California Highway Patrol established the Cargo Theft Interdiction Program (CTIP). The CTIP focus is to combat cargo theft related crimes on a statewide basis and to target those regions most significantly impacted. Specific to Los Angeles and the Inland Empire, a joint CHP, multi jurisdictional, investigative team was implemented in January of 1995. In August 2002, it was recommended that the Southern CTIP team relocate to the Port of Los Angeles/Long Beach in the city of Wilmington. On December 1, 2002, the Southern CTIP team, relocated to a temporary facility within the port of Long Beach while awaiting the completion of the permanent facility located at 239 North Avalon Blvd., city of Wilmington in a facility provided by the Los Angeles Port Police. II. PROGRAM NAME The name of this program shall be "Southern CTIP", Southern Cargo Theft Interdiction Program, a multi -agency task force. III. MISSION The mission of the Cargo Theft Interdiction Program is to reduce the incidence of cargo theft related crimes and increase the identification, apprehension, and prosecution of professional thieves and their receivers. Specific CTIP objectives include the following: 1 1. Location, recovery and return of stolen equipment and commodities to victims. 2. Working cooperatively with local district attorneys to increase the number of successful prosecutions of cargo theft suspects. 3.. Interface with state, local, and federal agencies for the purpose of disseminating intelligence information related to regional cargo theft issues. 4. Identification of local cargo theft trends and patterns to include stolen cargo distribution methods. 5. Contribute to the current statewide cargo theft reporting and information systems. 6. Establish a working relationship with private industry providing a forum to disseminate information, increase awareness and promote cargo theft prevention. 7. Provide a centralized repository for cargo theft expertise, support, coordination, and automated information. 8. Maintain a public affairs campaign with the local media to publicize the cargo theft problem and task force activities, thereby encouraging public participation while discouraging potential cargo thieves. IV. TASK FORCE OPERATIONS A. EXECUTIVE COMMITTEE The Executive Committee shall act as the board of directors for the Southern CTIP team. An Executive Committee will direct the affairs of the SOUTHERN CTIP team. The Executive Committee shall be comprised of the agency heads of the participating agencies to include the CHP Southern Division Commander, the Chief of Los Angeles Port Police, the Chief of Vernon Police Department, the Chief of Los Angeles Police Department, the Chief of Long Beach Police Department, the Chief of South Gate Police Department, the Bureau Chief of California Department of Insurance, the Chief of Los Angeles International Airport Police, the Director of National Insurance Crime Bureau or their designees. Additional agencies will be added to the Executive Committee when their agencies become members of the task force. The CHP Southern Division Commander shall serve as the Director and Chairperson of the Executive Committee. The Executive Committee will meet quarterly, or as necessary to review task force operations and to provide direction, guidance and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by a majority vote, provided a quorum of the committee is present and voting. B. COORDINATOR The Southern CTIP team shall be under the direction of a lieutenant from the California Highway Patrol. The Coordinator is accountable for the management responsibilities of the Southern CTIP team and will be directly accountable to the Executive Committee for task force operations. C. SUPERVISION Supervision of the Southern CTIP team shall be provided by sworn personnel from the California Highway Patrol, Vernon Police Department and Los Angeles Port Police. Supervisors will actively participate in team operations. Selection of the Southern CTIP supervisors will be at the discretion of the Coordinator, with concurrence of the Executive Committee and will be based upon his/her level of expertise, past work performance, and availability. The Southern CTIP supervisors will provide supervision for a team and provide necessary input for performance evaluations. D. INVESTIGATORS The Southern CTIP team will be comprised of qualified investigators recommended for assignment by the respective participating agencies. Assignment to the Southern CTIP team will be for a minimum of one year, open ended. Due to the critical nature of the position, investigators recommended to the Southern CTIP team may be subject to selection interviews by their respective agency representative and the Southern CTIP Coordinator. Consideration for placement on the Southern CTIP team is given based on past job performance, investigative experience, and the ability to work closely with others, all of which are traits conducive to small unit operations. Personnel not meeting acceptable standards of performance, or refusing to comply with Southern CTIP policies and procedures, may be removed from the team and reassigned to his/her respective agency. If the Coordinator has cause to replace a team member, he/she shall discuss the issues with the respective agency. If the participating agency does not concur with the Coordinator's decision to remove and or replace a participating team member, the issue shall be forwarded to the Executive Committee for final resolution. However, it is agreed that resolution of operational problems should be achieved at the lowest level possible, in keeping with the best interest of the Southern CTIP operation. E. CLERICAL SUPPORT The California Highway Patrol shall provide clerical support. An Office Technician, full time position shall serve as the clerical support for all field operations. F. PARTICIPATING AGENCY For the purposes of this Memorandum of Understanding, a "Participating Agency" is defined as any law enforcement agency which has an employee specifically assigned to the CTIP team on a full time basis. V. FISCAL PROCEDURES A. RIGHT TO AUDIT All books and records shall be open to inspection at all times during normal business hours by any authorized representative of participating agencies. The State or independent auditor may audit such records with a reasonable amount of notification. VI. LIABILITY Each participating agency shall maintain full financial responsibility for their respective employees while assigned to the Southern CTIP team. This would include, but is not limited to, acts of misconduct, vehicle accidents, and industrial injury claims. Additionally, the participating agency shall also be responsible for any and all workers compensation claims of their respective employee(s). The State of California, it's officers, agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of their officers or employees. Participating agencies and the State of California shall hold each other harmless from liability for acts or omissions of the other. Each party to this agreement agrees to defend, indemnify, and hold harmless the other parties to this agreement in regard to any and all liability imposed on the agreeing parties due to the acts or omissions of another party's assigned employee(s). VII. TASK FORCE FACILITY The Southern CTIP team will be housed at 239 N. Avalon Boulevard in the city of Wilmington. The facility has been provided at no cost to the participating agencies by the Los Angeles Port Police. All costs associated with the operation and maintenance of the facility, including water, electricity, telephone service and alarm service shall be incurred by the Los Angeles Port Police. VIII. EQUIPMENT The Southern CTIP Coordinator will be accountable for all equipment assigned to the unit and will utilize approved methods, as established by CHP policy and procedure and the Executive Committee Director, for procuring, safeguarding, and accounting for fixed assets. A VEHICLES 4 r Each participating agency shall be responsible for providing their respective 'employee(s) with an appropriate undercover vehicle. Standard repair and maintenance of undercover vehicles will be at the discretion of the participating agency. B. COMMUNICATIONS Each participating agency will be responsible for providing employee(s) with cellular phones and pagers. The use of CHP tactical radios for communications will be on an operational basis and at the discretion of the Southern CTIP Coordinator. Procedures for use of CHP tactical radios will be addressed in the Southern CTIP team Standard Operating Procedures (SOP). C. EQUIPMENT Office furniture to include desks, chairs, work stations, bookcases, a refrigerator and microwave oven shall be provided by the Los Angeles Port Police. A copier,- fax machine, printers, and a paper shredder shall be provided by the CHP. Miscellaneous equipment including desk top computers, lap top computers, surveillance equipment, cameras, flashlights, etc. should be provided by the participating agencies. Situations requiring air support may require cooperative scheduling and assistance from all participating agencies. IX. UNDERCOVER DOCUMENTS The use of covert identities to support and enhance undercover operations is essential. This may require that investigators possess an undercover drivers license and/or other sources of identification. The procurement and control of these documents will rest with the participating agency. X. ASSET SHARING Southern CTIP team operations which result in the potential for either state or federal asset seizures shall be brought to the attention of the Executive Committee. Any forfeited funds/assets shall be distributed by the Executive Committee. XI. STANDARD OPERATING PROCEDURES All Southern CTIP team members shall abide by the Standard Operating Procedures (SOP) which shall be prepared by the Southern CTIP Supervisor. The SOP will be subject to the approval of the Coordinator with concurrence of the Executive Director. The SOP shall specify policies and procedures of Southern CTIP unit operations and will include the following: A. In any case where the policies, procedures, or guidelines of the Southern Cargo Theft Interdiction Program conflict with those of a team member's parent agency, the team member shall abide by the policies of his/her parent agency. 5 B. Conflicts which occur shall be immediately brought to the attention of the Southern CTIP Supervisor and Coordinator. Significant issues and or conflicts shall be brought to resolution by the Executive Committee. C. The investigation of officer involved shootings or vehicle accidents shall be conducted by the agency having jurisdiction at the location of occurrence. This will in no way prevent the Southern CTIP member's parent agency from completing a separate or parallel investigation as required by their policy. The Southern CTIP Supervisor shall notify the Coordinator and the appropriate participating agency of any such occurrence in a timely manner. D. Southern CTIP member evaluations, citizens' complaints and internal investigations shall be handled by the member's parent agency, with input from the Southern CTIP supervisor. Disciplinary actions will be approved solely by the effected member's parent agency. Participating agencies will provide the name, rank, and telephone number of a liaison supervisor that will assist the Southern CTIP supervisor with inquiries of mutual concern. E. Internal discipline problems will be addressed by the Southern CTIP supervisor and documented as appropriate. Continued failure to adhere to Southern CTIP policies and procedures may result in removal from the team. Permanent removal from the Southern CTIP team may only be accomplished with the majority concurrence of the Executive Committee or by decision of the participating agency. F. The release of information to the media regarding Southern CTIP operations will be coordinated through the Southern CTIP Coordinator. XII. REPORTING The Southern CTIP Coordinator shall be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments. Copies of monthly and annual activity recaps will be forwarded to the Executive Committee. XIII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of this MOU by a majority vote of the members. XIV. TERM OF AGREEMENT This agreement shall commence on December 1, 2002, and shall remain in effect until the Executive Committee desires to terminate the program. Any agency desiring to terminate it's participation in the Southern CTIP operation shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than thirty (30) days after receipt of the written communication or upon a date established by mutual agreement. XV. SIGNATURES The undersigned state that they represent and have the authority to execute this agreement on behalf of their respective agencies. In signing this agreement, each concurs and supports this Memorandum of Understanding for the period and purposes as stated herein. M. L. BROWN, Chief CHP Southern Division CITY OF VERNON By: LEONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk ANTHONY BAITS, Chief Long Beach Police Department J. TREADWAY, Bureau Chief California Dept. of Insurance, Fraud Division RALPH L-UMPKIN, Director National Insurance Crime Bureau, Area 3 7 Los Angeles Port Police Department WILLIAM BRATTON, Chief Los Angeles Police Department APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney RICK LOPEZ, Chief South Gate Police Department BERNARD WILSON, Chief Los Angeles International Airport Police CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 January 2, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 On January 1994, the State Assembly passed Assembly Bill 813, which mandated the California Highway Patrol (CHP) to implement and maintain an ongoing statewide cargo theft suppression effort and established the Cargo Theft Interdiction Program (CTIP). The CTIP focus is to combat theft related crimes on a statewide basis and to target those regions most significantly impacted. Specific to Los Angeles and the Inland Empire, a joint CHP, Multi -jurisdictional, investigative team was implemented in January 1995. In August 2002, it was recommended that the Southern CTIP team relocate to the Port of Los Angeles/Long Beach in the City of Wilmington. On December 1, 2002, the Southern CTIP team, relocated to a temporary facility within the port of Long Beach while awaiting the completion of the permanent facility located at 239 North Avalon Boulevard, City of Wilmington in a facility provided by the Los Angeles Port Police. This has been reviewed by the Chief of Police and the City Attorney and it is hereby recommended that the Southern Cargo Theft Interdiction Program, a Multi -Agency Task Force Memorandum of Understanding be approved and executed. _Very truly yours, *V,6e V' &acU0l ,Zf-5 1(g�, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm SUPPORTING DOCUMENTS VERNON POLICE DEPARTMENT OFFICE MEMORANDUM January 2, 2003 TO: Mr. Malkenhorst, City Administrator FROM: Chief Olson SUBJECT: C.T.I.P. MOU As we discussed, I have forwarded a copy of the M.O.U. covering our involvement with the "Cargo Theft Intervention Program" unit to the City Attorney for his review. I have also requested that it be placed on the City Council Agenda for January 8t'. VERNON POLICE DEPARTMENT OFFICE MEMORANDUM December 23, 2002 TO: Eddie Olivo, City Attorney FROM: Bruce W. Olson, Chief of Police ' SUBJECT: C.T.I.P. M.O.U. Attached please find the M.O.U. for the Cargo Theft Interdiction Program, better known a C.T.I.P. Please review and upon approval have it placed on Council agenda for their approval, or, let me know of your okay and I will have it placed on the agenda. The C.T.I.P. group is having a formal signing ceremony on January 15'' where the Executive Committee (Department Heads) will be meeting at the headquarters of C.T.I.P. to all sign the M.O.U. I have cleared my involvement with Mr. Malkenhorst for ceremonial purposes only but C.T.I.P. will be told that the "Official" M.O.U. for our City cannot become realized until approved by Council which probably will not happen prior to the 15t'. Please contact me if you have any questions. CITY ADMINISTRATOR/CITY CLERK'S INTER -OFFICE MEMORANDUM DATE: January 20, 2003 TO: Solomon Benudiz, Police Captain FROM: Nelly Giron /_f4 Assistant to the Chief Deputy City Clerk RE: CTIP - Memorandum of Understanding Transmitted herewith are both original copies of the above referenced memorandum approved by the Vernon City Council on January 8, 2003, to be signed by the corresponding participants. Please obtain their signatures and return one fully executed original copy of said memorandum to our office. gm Agreement No. 03=004' SOUTHERN CTIP SOUTHERN CARGO THEFT INTERDICTION PROGRAM A MULTI -AGENCY TASK FORCE MEMORANDUM OF UNDERSTANDING DECEMBER 10, 2002 I. OVERVIEW Over the past several years the cost of cargo theft related crimes in California has risen dramatically. Conservative estimates indicate that combined losses suffered by the trucking industry, railroads and insurance companies, surpass $500 Million annually. However, no financial total can adequately quantify the actual costs of cargo theft related losses which include job -site downtime, replacement of stolen commercial vehicles, time spent on additional paperwork, and increased insurance costs. Consequently, in January of 1994, the State Assembly passed Assembly Bill 813 which mandated the California Highway Patrol (CHP) to implement and maintain an ongoing statewide cargo theft suppression effort. In keeping with the Governor's philosophy of reducing the economic impact of crime on industry and the public, and in compliance with the directive expressed in AB 813, the California Highway Patrol established the Cargo Theft Interdiction Program (CTIP). The CTIP focus is to combat cargo theft related crimes on a statewide basis and to target those regions most significantly impacted. Specific to Los Angeles and the Inland Empire, a joint CHP, multi jurisdictional, investigative team was implemented in January of 1995. In August 2002, it was recommended that the Southern CTIP team relocate to the Port of Los Angeles/Long Beach in the city of Wilmington. On December 1, 2002, the Southern CTIP team, relocated to a temporary facility within the port of Long Beach while awaiting the completion of the permanent facility located at 239 North Avalon Blvd., city of Wilmington in a facility provided by the Los Angeles Port Police. II. PROGRAM NAME The name of this program shall be "Southern CTIP", Southern Cargo Theft Interdiction Program, a multi -agency task force. III. MISSION The mission of the Cargo Theft Interdiction Program is to reduce the incidence of cargo theft related crimes and increase the identification, apprehension, and prosecution of professional thieves and their receivers. Specific CTIP objectives include the following: 1. Location, recovery and return of stolen equipment and commodities to victims. 2. Working cooperatively with local district attorneys to increase the number of successful prosecutions of cargo theft suspects. 3. Interface with state, local, and federal agencies for the purpose of disseminating intelligence information related to regional cargo theft issues. 4. Identification of local cargo theft trends and patterns to include stolen cargo distribution methods. 5. Contribute to the current statewide cargo theft reporting and information systems. 6. Establish a working relationship with private industry providing a forum to disseminate information, increase awareness and promote cargo theft prevention. 7. Provide a centralized repository for cargo theft expertise, support, coordination, and automated information. 8. Maintain a public affairs campaign with the local media to publicize the cargo theft problem and task force activities, thereby encouraging public participation while discouraging potential cargo thieves. IV. TASK FORCE OPERATIONS A. EXECUTIVE COMMITTEE The Executive Committee shall act as the board of directors for the Southern CTIP team. An Executive Committee will direct the affairs of the SOUTHERN CTIP team. The Executive Committee shall be comprised of the agency heads of the participating agencies to include the CHP Southern Division Commander, the Chief of Los Angeles Port Police, the Chief of Vernon Police Department, the Chief of Los Angeles Police Department, the Chief of Long Beach Police Department, the Chief of South Gate Police Department, the Bureau Chief of California Department of Insurance, the Chief of Los Angeles International Airport Police, the Director of National Insurance Crime Bureau or their designees. Additional agencies will be added to the Executive Committee when their agencies become members of the task force. The CHP Southern Division Commander shall serve as the Director and Chairperson of the Executive Committee. The Executive Committee will meet quarterly, or as necessary to review task force operations and to provide direction, guidance and input. The Director and Chairperson of the Executive Committee will be selected on an annual basis by the voting members of the Executive Committee. Committee business will be conducted by a majority vote, provided a quorum of the committee is present and voting. B. COORDINATOR 2 The Southern CTIP team shall be under the direction of a lieutenant from the California Highway Patrol. The Coordinator is accountable for the management responsibilities of the Southern CTIP team and will be directly accountable to the Executive Committee for task force operations. C. SUPERVISION Supervision of the Southern CTIP team shall be provided by sworn personnel from the California Highway Patrol, Vernon Police Department and Los Angeles Port Police. Supervisors will actively participate in team operations. Selection of the Southern CTIP supervisors will be at the discretion of the Coordinator, with concurrence of the Executive Committee and will be based upon his/her level of expertise, past work performance, and availability. The Southern CTIP supervisors will provide supervision for a team and provide necessary input for performance evaluations. D. INVESTIGATORS The Southern CTIP team will be comprised of qualified investigators recommended for assignment by the respective participating agencies. Assignment to the Southern CTIP team will be for a minimum of one year, open ended. Due to the critical nature of the position, investigators recommended to the Southern CTIP team may be subject to selection interviews by their respective agency representative and the Southern CTIP Coordinator. Consideration for placement on the Southern CTIP team is given based on past job performance, investigative experience, and the ability to work closely with others, all of which are traits conducive to small unit operations. Personnel not meeting acceptable standards of performance, or refusing to comply with Southern CTIP policies and procedures, may be removed from the team and reassigned to his/her respective agency. If the Coordinator has cause to replace a team member, he/she shall discuss the issues with the respective agency. If the participating agency does not concur with the Coordinator's decision to remove and or replace a participating team member, the issue shall be forwarded to the Executive Committee for final resolution. However, it is agreed that resolution of operational problems should be achieved at the lowest level possible, in keeping with the best interest of the Southern CTIP operation. E. CLERICAL SUPPORT The California Highway Patrol shall provide clerical support. An Office Technician, full time position shall serve as the clerical support for all field operations. F. PARTICIPATING AGENCY For the purposes of this Memorandum of Understanding, a "Participating Agency" is defined as any law enforcement agency which has an employee specifically assigned to the CTIP team on a full time basis. V. FISCAL PROCEDURES A. RIGHT TO AUDIT All books and records shall be open to inspection at all times during normal business hours by any authorized representative of participating agencies. The State or independent auditor may audit such records with a reasonable amount of notification. VI. LIABILITY Each participating agency shall maintain full financial responsibility for their respective employees while assigned to the Southern CTIP team. This would include, but is not limited to, acts of misconduct, vehicle accidents, and industrial injury claims. Additionally, the participating agency shall also be responsible for any and all workers compensation claims of their respective employee(s). The State of California, it's officers, agents, and employees shall not be deemed to have assumed any liability for the negligence of participating agencies or any of their officers or employees. Participating agencies and the State of California shall hold each other harmless from liability for acts or omissions of the other. Each party to this agreement agrees to defend, indemnify, and hold harmless the other parties to this agreement in regard to any and all liability imposed on the agreeing parties due to the acts or omissions of another party's assigned employee(s). VII. TASK FORCE FACILITY The Southern CTIP team will be housed at 239 N. Avalon Boulevard in the city of Wilmington. The facility has been provided at no cost to the participating agencies by the Los Angeles Port Police. All costs associated with the operation and maintenance of the facility, including water, electricity, telephone service and alarm service shall be incurred by the Los Angeles Port Police. VIII. EQUIPMENT The Southern CTIP Coordinator will be accountable for all equipment assigned to the unit and will utilize approved methods, as established by CHP policy and procedure and the Executive Committee Director, for procuring, safeguarding, and accounting for fixed assets. A. VEHICLES 4 Each participating agency shall be responsible for providing their respective employee(s) with an appropriate undercover vehicle. Standard repair and maintenance of undercover vehicles will be at the discretion of the participating agency. B. COMMUNICATIONS Each participating agency will be responsible for providing employee(s) with cellular phones and pagers. The use of CHP tactical radios for communications will be on an operational basis and at the discretion of the Southern CTIP Coordinator. Procedures for use of CHP tactical radios will be addressed in the Southern CTIP team Standard Operating Procedures (SOP). C. EQUIPMENT Office furniture to include desks, chairs, work stations, bookcases, a refrigerator and microwave oven shall be provided by the Los Angeles Port Police. A copier,- fax machine, printers, and a paper shredder shall be provided by the CHP. Miscellaneous equipment including desk top computers, lap top computers, surveillance equipment, cameras, flashlights, etc. should be provided by the participating agencies. Situations requiring air support may require cooperative scheduling and assistance from all participating agencies. IX. UNDERCOVER DOCUMENTS The use of covert identities to support and enhance undercover operations is essential. This may require that investigators possess an undercover drivers license and/or other sources of identification. The procurement and control of these documents will rest with the participating agency. X. ASSET SHARING Southern CTIP team operations which result in the potential for either state or federal asset seizures shall be brought to the attention of the Executive Committee. Any forfeited funds/assets shall be distributed by the Executive Committee. XI. STANDARD OPERATING PROCEDURES All Southern CTIP team members shall abide by the Standard Operating Procedures (SOP) which shall be prepared by the Southern CTIP Supervisor. The SOP will be subject to the approval of the Coordinator with concurrence of the Executive Director. The SOP shall specify policies and procedures of Southern CTIP unit operations and will include the following: A. In any case where the policies, procedures, or guidelines of the Southern Cargo Theft Interdiction Program conflict with those of a team member's parent agency, the team member shall abide by the policies of his/her parent agency. B. Conflicts which occur shall be immediately brought to the attention of the Southern CTIP Supervisor and Coordinator. Significant issues and or conflicts shall be brought to resolution by the Executive Committee. C. The investigation of officer involved shootings or vehicle accidents shall be conducted by the agency having jurisdiction at the location of occurrence. This will in no way prevent the Southern CTIP member's parent agency from completing a separate or parallel investigation as required by their policy. The Southern CTIP Supervisor shall notify the Coordinator and the appropriate participating agency of any such occurrence in a timely manner. D. Southern CTIP member evaluations, citizens' complaints and internal investigations shall be handled by the member's parent agency, with input from the Southern CTIP supervisor. Disciplinary actions will be approved solely by the effected member's parent agency. Participating agencies will provide the name, rank, and telephone number of a liaison supervisor that will assist the Southern CTIP supervisor with inquiries of mutual concern. E. Internal discipline problems will be addressed by the Southern CTIP supervisor and documented as appropriate. Continued failure to adhere to Southern CTIP policies and procedures may result in removal from the team. Permanent removal from the Southern CTIP team may only be accomplished with the majority concurrence of the Executive Committee or by decision of the participating agency. F. The release of information to the media regarding Southern CTIP operations will be coordinated through the Southern CTIP Coordinator. XII. REPORTING The Southern CTIP Coordinator shall be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments. Copies of monthly and annual activity recaps will be forwarded to the Executive Committee. XIII. AMENDMENTS TO THE MOU The Executive Committee may amend any portion of this MOU by a majority vote of the members. XIV. TERM OF AGREEMENT This agreement shall commence on December 1, 2002, and shall remain in effect until the Executive Committee desires to terminate the program. Any agency desiring to terminate it's participation in the Southern CTIP operation shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than thirty (30) days after receipt of the written communication or upon a date established by mutual agreement. XV. SIGNATURES The undersigned state that they represent and have the authority to execute this agreement on behalf of their respective agencies. In signing this agreement, each concurs and supports this Memorandum of Understanding for the period and purposes as stated herein. Q L9, - M. L. BROAN, Chief CHP Southern Division CITY OF VERNON BY '��1A rLEONIS C. �M�LBU�,ay r �ll�il✓�� ATTEST'.} BRUCE Y„,MALK HORST, City Clerk ANTHONY BATTS, Chief Long Beach Police Department AY. lgu4fau Chief mia Dept. of Insurance, Division *P4XUNMPKIN, irector National Insurance Crime Bureau, Area 3 '01h< eZ � N. CUNNINGWChief Los Angeles Port Police Department �X)� - - WILLIAM BRATTON, Chief Los Angeles Police Dep nt APP OVED AS TO FO UARPO OLIVO, City —Attorney RICK LOPE i f South Gate Police Department BERNARD WILSON, Chief Los Angeles International Airport Police