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Resolution No. 8803 1 RESOLUTION NO. 8803 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING RELATING TO PARTICIPATION IN THE LOS ANGELES COUNTY TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION 4 5 6 7 WHEREAS, in accordance with California Vehicle Code Section 8 9250.14, the Los Angeles County Board of Supervisors adopted a 9 resolution to impose an additional one dollar vehicle registration fee 10 on vehicles registered in the County; and 11 WHEREAS, the revenue generated by said fee is designated for 12 use in the deterrence, ihvestigation, and prosecution of vehicle theft 13 in Los Angeles County; and 14 WHEREAS, under the direction of the Sheriff's Department of 15 County of Los Angeles, a multi-agency task force program has been 16 created entitled the "Taskforce for Regional Autotheft Prevention" 17 ("TRAP"), for the purpose of promoting a coordinated effort and 18 encouraging maximum cooperation between all law enforcement and 19 prosecutorial agencies in Los Angeles County to deter and reduce the 20 incidents of vehicle theft, to increase the recovery rate of stolen 21 vehicles, to identify trends and patterns in vehicle theft, to provide 22 training and expertise to participating agencies countywide, and to 23 coordinate a deterrence program in conjunction with the private sector 24 to address the expanding vehicle theft program in Los Angeles County; 25 and 26 WHEREAS, the general parameters regarding the operation of 27 the TRAP program have been memoriqlized in a Memorandum of 28 Understanding among various agencies; and . , 1 WHEREAS, the City's participation in TRAP will enhance 2 police services, thereby benefiting the health and welfare of Vernon's 3 citizens; and 4 WHEREAS, City staff have recommended that the City be a 5 participant in the TRAP program and that a Memorandum of Understanding 6 be approved and executed. 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 8 CITY OF VERNON AS FOLLOWS: 9 SECTION 1: The City Council of the City of Vernon hereby 10 finds and determines that the recitals contained hereinabove are true 11 and correct. 12 SECTION 2: The City Council of the City of Vernon hereby 13 approves the Memorandum of Understanding for the Taskforce for 14 Regional Autotheft Prevention program, in substantially the same form 15 as the copy which is attached hereto as Exhibit A and incorporated by 16 reference. 17 SECTION 3: The City Council of the City of Vernon hereby 18 authorizes the Mayor to execute said MOU for, and on behalf of, the 19 City of Vernon and the Acting City Clerk is hereby authorized to 20 attest thereto. 21 SECTION 4: The City Council of the City of Vernon hereby 22 directs the Acting City Clerk, or his designee, to send four (4) 23 24 executed Memorandum of Understandings to: Captain Terence P. Judge, Project Director Taskforce for Regional Autotheft Prevention 9040 Telstar Avenue, Suite 115 El Monte, CA 91731-2831 25 26 27 / / / 28 - 2 - , . 1 SECTION 5: . . 2 shall certify to the passage of this resolution, and thereupon and The Acting City Clerk of the City of Vernon 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 12th day of July, 2005. 5 6 7 8 9 ATTEST: ~' ., ~.;. ~. ~ LE?NIS~~~YOr 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . MALKENHORST, - 3 - , . , . 1 STATE OF CALIFORNIA 2 3 4 5 6 7 8 9 10 11 ss COUNTY OF LOS ANGELES I, BRUCE V. MALKENHORST, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8803, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, July 12, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. ~~ v: E V. MALKENHORST, 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - , . EXHIBIT A . , ." MEMORANDUM OF UNDERSTANDING TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION TRAP , . MEMORANDUM OF UNDERSTANDING PART I BACKGROUND, MISSION STATEMENT, AND MANAGEMENT STRUCTURE ARTICLE 1: TASK FORCE ESTABLISHED On July 28, 1992 the Los Angeles County Board of Supervisors implemented by Resolution, Vehicle Code Section 9250.14 (SB 2139) in Los Angeles County, to impose an additional one dollar vehicle registration fee on vehicles registered in the County. The revenue generated is designated for use in the deterrence, investigation, and prosecution of vehicle theft in Los Angeles County. The Sheriff, as Regional Coordinator in this effort, with the Chief Administrative Officer (CAO), in conjunction with the Countywide Criminal Justice Coordination Committee (CCJCC) has developed a consolidated vehicle theft curtailment program to integrate resources against vehicle theft. On April 12, 2004, Assembly Bill 1663 was passed and signed into law. This bill extends the provisions of Vehicle Code Section 9250.14 until January 1, 2010 The undersigned do hereby join together to form a consolidated task force for the purpose of integrating investigative and prosecutorial resources to address the expanding vehicle theft problem in Los Angeles County. This Agreement shall become effective when signed and executed by the Regional Coordinator and the other respective participating member agencies. ARTICLE 2: PROGRAM NAME The name ofthis Program shall be "Taskforce for Regional Autotheft Prevention" (TRAP). ARTICLE 3: MISSION STATEMENT The mission of the "Taskforce for Regional Autotheft Prevention" (TRAP) is to promote a coordinated effort and encourage maximum cooperation between all law enforcement and prosecutorial agencies in Los Angeles County to deter and reduce the incidents of vehicle theft, to increase the recovery rate of stolen vehicles, to identifY trends and patterns in vehicle theft, to provide training and expertise to participating agencies countywide, and to coordinate a deterrence program in conjunction with the private sector. 1 3.1: TRAP will target, investigate, and prosecute individuals involved in vehicle theft, particularly those professional thieves who organize, direct, finance, or otherwise engage in commercial vehicle theft for profit. 3.2: TRAP will identify locations used in connection with vehicle theft offenses, including legitimate "front" business locations (i.e., body shops and auto dismantlers) which operate as commercial "chop shops", and take appropriate action. 3.3: TRAP will provide training and expertise for participating agencies throughout Los Angeles County. 3.4: TRAP will seek input and solicit cooperation from the private sector to coordinate a public deterrence program. ARTICLE 4: THE BOARD OF ADVISORS In keeping with the multi-agency concept of this Program, the Countywide Criminal Justice Coordination Committee, (CCJCC), through its Executive Steering Committee, will act as the Board of Advisors for TRAP and will be responsible for advising the Los Angeles County Sheriff on policy and overall strategy for the Program. ARTICLE 5: THE REGIONAL COORDINATOR The Sheriff shall administer the policy, procedures and affairs of TRAP, subject to the recommendations ofthe CAO and the CCJCC, through its Executive Steering Committee. 5.1: The Sheriff shall direct the Project Director to purchase/lease equipment, assets, office space, and resources to support the investigative, prosecutorial, and deterrence functions ofthe Program. 5.2: The Sheriff shall ensure that accurate books of account, showing in detail all financial transactions relating to TRAP, including all costs, expenses or charges paid, are maintained. 5.3: All books and records shall be open to inspection at all times during normal business hours by any authorized representative of participating agencIes. 5.4: The Sheriff shall direct the Project Director to cause the books of account and other financial records to be audited annually. 2 5.5: The Project Director shall prepare and submit to the Sheriff and the CCJCC Executive Steering Committee in time for revision and adoption by it, prior to July 1st of each fiscal year, the annual budget of TRAP for the next succeeding fiscal year. ARTICLE 6: THE PROJECT DIRECTOR The Project Director will be selected by the Sheriff, after considering the recommendations of the CCJCC Executive Steering Committee, and shall be of senior law enforcement management rank that will provide a wide range of operational authority to TRAP. 6.1: The Project Director is responsible for planning, staffing, directing, organizing, coordinating, budgeting, auditing, and reporting all tasks, functions, and resources of TRAP. ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING The MOU may only be amended upon recommendation by the Sheriff, following consultation with, and agreement by, the CCJCC Executive Steering Committee and the CAO. All participants will be notified immediately of any proposed changes to this MOU. ARTICLE 8: PARTICIPANTS TRAP will be comprised of law enforcement personnel from Los Angeles County including Police Officers, Sheriffs Deputies, CHP Investigators, and Prosecutors and may include, in a non-reimbursed capacity, agents from the FBI, the National Insurance Crime Bureau, U.S. Customs, the Department of Motor Vehicles and/or other concerned agencies, at the discretion ofthe Project Director. ARTICLE 9: TERMINATION OF PARTICIPATION Participation in TRAP by a participating agency shall continue until termination in the manner hereafter provided. 9.1: Termination shall become effective 60-days following the giving of written notice of termination of participation by the participating agency to the Project Director. This 60 day period will provide for the timely transfer of assignment and selection of replacement personnel. 3 ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED TRAP, when developing case investigations, shall use both civil and criminal forfeiture statutes in the seizure of assets. State and federal asset seizure programs will be utilized by TRAP. It is agreed that the assets seized by TRAP will be used to enhance future TRAP operations. Individual seizures in excess of $1,000,000 shall be reviewed by the CCJCC Executive Steering Committee for a recommendation to the Sheriff on appropriate disbursement. In the event a decision is made to disburse any excess assets, they shall be divided based on the following formula, developed by mutual consent: 10.1: It is agreed that 75% ofthe involved assets will be divided among the participating member agencies. 10.la The formula for distribution will be 33% for LASD, 33% for LAPD, and 33% for other involved agencies, disbursed through the Los Angeles County Police Chiefs' Association. 10.2: The remaining assets, (25%) shall be disbursed to the TRAP Program Operating Fund upon approval by the CCJCC Executive Steering Committee. 10.3: Disbursement will be calculated after administrative costs and federal and state costs have been deducted. ARTICLE 11: TERMINATION DATE Funding for the Program expires on January 1, 2010, with an option for legislative extension. The Program will dissolve on that date unless the California State Legislature acts to continue the funding and the participants subsequently agree to continue participation. ARTICLE 12: DISPOSITION OF ASSETS UPON DISSOL VEMENT OF TRAP Upon dissolvement of TRAP any assets acquired by TRAP during the period of operation and still on hand shall be distributed to participating agencies, on the basis of appraised value at the time of dissolution, based on the following formula: 12.1: Los Angeles County Sheriffs Department, 33%. 12.2: Los Angeles Police Department, 33%. 12.3: Other Participating Agencies, 33%. 4 .. 12.4: Operation and maintenance ofthe Auto Theft Information Network (ATIN), shall remain with the Los Angeles County Sheriffs Department. 5 PART II OPERATIONAL STANDARDS, STRUCTURE, AND PERSONNEL ARTICLE 1: OPERATING STANDARDS All matters governing operating standards and procedures will be accomplished within Constitutional guidelines, insuring the rights of citizens, and considering the duty of law enforcement to deter crime and detect, arrest, and prosecute individuals engaged in illicit activity. ARTICLE 2: STRUCTURE TRAP will consist of three Groups, the Headquarters Group, the West Investigative Group, and the East Investigative Group. 2.1: The Headquarters Group shall be responsible for the administrative operation of the TRAP program including the Auto Theft Information Network (ATIN). 2.2: The West Investigative Group shall be responsible for enforcement activities within specifically defined areas in the western portion of Los Angeles County. Boundaries shall be determined by the Project Director and shall include all incorporated areas ofthe City of Los Angeles. The West Investigative Group will consist of three investigative teams as follows: 2.2a 2.2b 2.2c Central Team West Team Harbor Team 2.3: The East Investigative Group shall be responsible for enforcement activities within specifically defined areas in the eastern portion of Los Angeles County. Boundaries shall be determined by the Project Director and shall include the area of the County north of the northern most boundary of the City of Los Angeles. The East Investigative Group will consist of three investigative teams as follows: 6 2.3a 2.3b 2.3c South Bay Team San Gabriel Valley Team Southeast Team 2.4: Team Boundaries, which will be determined by the Project Director, shall not restrict or prohibit the necessary case follow up, investigation, or assistance by one team in any other team area. 2.5: Groups and Teams will be established in phases based on the receipt of necessary funding during the first year and at the direction ofthe Project Director. ARTICLE 3: SUPERVISION Each Investigative Group will be managed by an Area Lieutenant. Each regional team will be supervised by a supervisor of the rank of sergeant or supervisory detective. 3.1: The Area Lieutenants, one LASD and one LAPD, will be appointed by the respective parent agency. Team Supervisors will be selected by Area Lieutenants, in consultation with the Project Director, from candidates submitted by the involved parent agencies. Selections may involve an interview process and will in all cases be in full compliance with prevailing parent agency procedures. 3.2: Area Lieutenants are responsible for the leadership and management of the teams assigned to their respective Groups. 3.3: Team Supervisors are responsible for the supervision of personnel assigned to their respective teams, the vehicle theft issues in their area of. responsibility, and the tasks assigned to their teams. 3.4: Officers assigned to TRAP will work full time under the direct daily supervision of Area Lieutenants and Team Supervisors. Area Lieutenants and Team Supervisors will be under the supervision ofthe Project Director and all members will follow the policies, procedures, and guidelines enacted for the Program. Should any of the aforementioned policies, procedures, or guidelines conflict with the policy, procedures, guidelines, training or tactical guidelines of a participating parent agency, the individual member will immediately bring the conflict to the attention of a supervisor. The individual member shall abide by the directives ofthe parent agency until such conflict is resolved. The Project Director shall ensure that the appropriate action to resolve the conflict is initiated without delay. 7 ARTICLE 4: PERSONNEL SELECTION Participating agencies shall nominate experienced investigators and qualified investigative trainees for assignment to TRAP. All investigative positions shall be filled by sworn personnel only. Final personnel selection decisions will be made by the Project Director, in consultation with the concerned agency heads. Selection may involve an interview process. 4.1: Agency representation will be based on agreed upon funding levels. 4.2: Based on the expertise required to conduct vehicle theft investigations, a one year minimum assignment is strongly recommended for TRAP personnel. Nothing in this agreement prevents an individual from returning to the parent agency for any reason based on agreed upon procedures. 4.2a Personnel may be terminated from the Program and returned to their respective parent agencies for failure to adhere to Program policies and procedures, at the discretion of the Project Director, in consultation with concerned agency heads. 4.2b Personnel suffering injury or illness resulting in extended absence or light duty status may be evaluated and returned to the parent agency at the discretion of the Project Director, in consultation with concerned agency heads. ARTICLE 5: PROSECUTORIALSUPPORT At the inception of TRAP a Deputy District Attorney will be assigned to advise, assist, and coordinate prosecutorial activity. These positions will be fully reimbursed by the Program. TRAP officers will continue to have access to respective Branch Offices for prosecutorial support, at no additional cost to the Program. During subsequent years of operation, prosecutorial participation will be evaluated and modified, if appropriate, based on work load and budget considerations. 8 ARTICLE 6: CASE PRIORITIZATION Case priorities will be detennined by, but not limited to, the sophistication of the enterprise, community impact, personnel and/or equipment availability, and workable investigative leads. 6.1: It shall be the policy ofthe Program to respond to requests for case development assistance from member agencies whose situation demands expertise or resources beyond their existing limitations, based on the availability and priorities of TRAP. If TRAP assistance is provided and TRAP becomes extensively involved in an ongoing investigation, TRAP may elect, by mutual agreement, to become the primary investigative unit on the case. 6.2: Proactive enforcement will be the primary activity of TRAP Teams and will include suspect and location identification, investigation, report preparation, and suspect arrest and prosecution. All manner of vehicle theft will be targeted but emphasis will be placed on professional, commercial auto theft operations. ARTICLE 7: AUTO THEFT INFORMATION NETWORK (ATIN) TRAP will develop a computerized, centralized, one stop vehicle theft incident and criminal history infonnation center with crime analysis capability for use by law enforcement agencies. ARTICLE 8: CRIME PREVENTION TRAP will coordinate a vehicle theft prevention program utilizing private sector support, community groups, and the media to infonn and educate the citizens of Los Angeles County regarding the vehicle theft problem. The intent ofthis program will be to enhance public awareness and encourage community participation to deter vehicle theft. 9 PART III ADMINISTRATIVE GUIDELINES ARTICLE 1: POLICY All members of TRAP will be expected to conform to their parent agency's policies, procedures, and tactical guidelines as well as any additional policies and procedures set forth by TRAP. ARTICLE 2: REPORTING FORMAT Investigative reports will be completed in a timely manner and will describe activities fully, exactly and plainly. Copies of all case reports will be kept in the respective Team office under an in-house file number until completion ofthe case, at which time reports will be maintained in a centralized records retention file, managed by TRAP, pursuant to standardized document destruction procedures. Original copies of case reports will be forwarded to the involved parent law enforcement agency for required distribution and record keeping. All appropriate information will be entered into the A TIN system. 2.1: Report forms used to document case activities will be those employed by the involved lead investigator's parent agency. ARTICLE 3: RELEASE OF INFORMATION Large scale investigations are sensitive. Protection of sources of information and managing information about areas of criminal activity are absolutely essential. Dissemination of information and reports will be done on a "need-to-know/right-to- know" basis in compliance with existing state and federal laws. Questions about the appropriateness of releasing case information will be referred to the Project Director, who will coordinate the dissemination of information. 3.1: TRAP will cooperate with the news media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the Constitutional rights of the accused, to avoid interfering with a TRAP investigation, or because it is legally privileged. 3.2: The Project Director is responsible for the dissemination or coordination of press releases. All participating agencies will be notified, time permitting, prior to any media releases. Notification will be made in all cases prior to any formal press briefing. 10 ARTICLE 4: ACTIVITY REPORT Team Supervisors will prepare monthly activities reports detailing team activities for each Area Lieutenant. These activities reports will be forwarded to the Project Director and will serve as the basis for quarterly reports to the Sheriff and the CCJCC Executive Steering Committee. The Project Director will submit a quarterly operational report within 15 days of the close of a calendar quarter. Copies of the quarterly report will be forwarded to all participating agencies. ARTICLE 5: DOCUMENT SECURITY All reports and records will be designated CONFIDENTIAL. This material will be secured under lock and key when unattended. Access to files will be on a "need-to- know/right-to-know" basis. Case files being actively worked will be kept under the direct control of TRAP until the investigation is concluded. Cases with no workable leads, or cases that have not been worked after one year will be handled pursuant to lawful standardized document destruction procedures. At no time will official reports or evidence be kept or stored anywhere but the designated offices of TRAP or the evidence room or records section of the involved parent agency. The management of information will always be done in strict accordance with applicable local, state, and federal laws. 5.1: Monthly Activities Reports and other such similar TRAP materials are prepared specifically for the members ofthe CCJCC Executive Steering Committee and shall be considered and marked CONFIDENTIAL. ARTICLE 6: MULTI-AGENCY CONCERNS 6.1: Citizen Complaints Any complaint from an individual alleging misconduct by personnel of TRAP will be directed to the appropriate Area Lieutenant for immediate assignment and preliminary fact finding. The Area Lieutenant will immediately notify the Project Director. The Project Director will notify the concerned officer's parent agency and provide them with all available information regarding the incident. Final determination of investigative responsibility will be made following discussion with the parent agency. Disciplinary action will be recommended and approved solely by the concerned parent agency. 6.2: Employee Evaluation Area Lieutenants and Team Supervisors will assist appropriate parent agency supervisors in completing fair and objective evaluations for rating periods involving task force assignments. The parent agency evaluation form will be used. 11 6.4: 6.5: 6.3: On Duty Traffic Collisions 6.3a Non Injury If a TRAP officer is involved in a traffic collision while on duty NOT resulting in injury or death, the Area Lieutenant shall make the following notifications: I. The Project Director 2. A supervisor from the involved officer's parent agency 3. A supervisor from the agency in whose jurisdiction the incident occurred. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. 6.3b Injury or Death If a TRAP officer is involved in a traffic collision while on duty which results in injury or death the Area Lieutenant shall make the following notifications: 1. The Project Director who will immediately notify the Sheriff and the Chairperson ofthe CCJCC Executive Steering Committee. 2. A supervisor from the involved officer's parent agency. 3. A supervisor from the agency in whose jurisdiction the incident occurred. 4. The California Highway Patrol. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. When a TRAP officer is injured on duty, the Area Lieutenant will notify the Project Director. An involved parent agency supervisor will be notified and procedures will be followed as required by the concerned parent agency. In case of an emergency, the officer will receive immediate medical attention in the most expedient manner. In order to assist the Area Lieutenant in ensuring an officer's injury is treated without delay, every officer assigned to TRAP will supply a supervisor with medical emergency notification information that will be maintained at the respective team office and TRAP Headquarters office. Use of Force incidents will be reported as required by parent agency guidelines. 12 6.5a An officer involved shooting incident resulting in injury or death during the performance of duty will require the immediate notification of the following: 1. The Project Director, who will immediately notify the Sheriff and the Chairperson of the CCJCC Executive Committee. 2. A supervisor from the involved officer's parent agency. 3. A supervisor from the agency in which the incident took place. 4. The LASD Homicide Bureau. 5. The LAPD Robbery Homicide Officer Involved Shooting Team for LAPD involved cases. 6.5b Investigative and reporting responsibility will be determined following consultation with involved agency representatives and will be in compliance with all parent agency guidelines. Nothing in this agreement precludes concurrent investigations by involved agencies. The District Attorney's rollout team will be notified if the parent agency of the involved officer requests it. If there is a conflict between parent agency policies when multiple jurisdiction officers are involved, the District Attorney's rollout team will be notified. 6.5c Any non hit shooting or accidental discharge shall immediately be reported to the Area Lieutenant for preliminary investigation. The Area Lieutenant will respond and notify the Project Director who will notify the supervisor from the involved officer's parent agency. Investigative and reporting responsibility will be determined following consultation with the involved agency representatives and will be in compliance with all parent agency guidelines. 6.6: Every officer assigned to TRAP will carry a firearm in accordance with his/her department policies and procedures. Applicable parent agency policies concerning the use of firearms shall apply. Any firearms carried by TRAP officers must be approved by the concerned parent agency. TRAP officers shall comply with their respective parent agency firearms qualification requirements. 6.7: Each member agency shall be solely liable for any and all damages, including attorney's fees, resulting from the acts or omissions of its own employees, including those employee of or assigned to TRAP, and shall indemnify and hold harmless each other member agency for said acts and omISSIons. 6.8: Each agency is responsible for any worker compensation, sick, injured on duty, or similar benefits incurred by or due its employees. 13 ARTICLE 7: TRAINING All required parent agency training shall be attended by assigned personnel. A Team Supervisor shall be notified of scheduled training as soon as possible. TRAP will schedule additional training consistent with TRAP's stated mission and goals. 14 PART IV FISCAL GUIDELINES ARTICLE 1: SOURCE OF FUNDING Revenue for TRAP is generated from the collection of an additional one dollar vehicle registration fee from vehicles registered in Los Angeles County as authorized by Vehicle Code Section 9250.14, (AB 183). There will be no personnel or equipment costs to participating agencies. Revenue may not be used to fund existing budgeted programs or personnel and participating agencies may not charge any indirect costs for administration or implementation of this agreement. ARTICLE 2: PROGRAM OPERATING FUND Monies will be received by the County of Los Angeles and placed in a single County fund, overseen by the Sheriff, as a Program Operating Budget. Participating agency personnel will be provided with necessary assets, supplies, and equipment, including vehicles, communication equipment and technical tools from the Program Operating Budget. ARTICLE 3: FUNDING LEVELS Funding for operating costs will be made from the Program Operating Budget at the following levels: 3.1: Overhead costs not to exceed 33% ofthe total Program Operating Budget shall be set aside to fund administrative and support costs associated with the Program which include the following: 3.1a 3.1b 3.1c 3.1d Any salaries for non investigative personnel CHP salary, benefits and equipment (one per team) Support staff equipment procurement The creation of an Auto Theft Information Network (ATIN), centralized computerized system. 3.2: Participating agencies agree to assign personnel to TRAP. All personnel assigned to TRAP will be paid by their respective agencies. Expenditures for task force field personnel, including salary, benefits, overtime and equipment will be funded from the remaining 66% of the Program Operating Budget. Salary, benefits and overtime expenditures 15 will be reimbursed to participating agencies at the following funding/staffing levels: 3.2a 3.2b 3.2c Los Angeles County Sheriffs Department, 33%. Los Angeles Police Department, 33%. Other Participating Agencies, 33%. 3.3: All overtime will be reimbursed from the Program Operating Budget. 3.3a No overtime will be allowed unless by prior approval of an Area Lieutenant. All personnel will, as required, work beyond their normal work day or respond to call outs as deemed necessary by the Area Lieutenant or Team Supervisor. 3.3b 3.4: TRAP will provide vehicles to assigned personnel. Involved parent agencies agree to provide liability/hold harmless coverage pursuant to established parent agency procedures. 3.5: Any excess funds not expended from the administrative and support costs may be diverted to the personnel costs, quarterly, at the discretion ofthe Project Director. 3.6: The administrative and support funding levels may be adjusted by the Sheriff, upon recommendation of the Project Director, the CCJCC Executive Steering Committee, and the CAO. 3.7: The Project Director shall prepare a quarterly report which describes revenues and expenditures for the prior quarter as well as year to date. The report shall include administrative, payroll, overtime, investigative, and equipment expenditures. ARTICLE 4: SPECIAL FUNDS A special fund shall be established, to which members of TRAP may charge expenditures as necessary in the performance ofthe duties ofthe Program. Special funds expenditures are those authorized expenditures by TRAP personnel incurred while working undercover or on a surveillance and must be directly related to program maintenance, and/or investigative expenses. The Project Director shall maintain this fund in the amount of$10,OOO through the year. Expenditures shall have the prior approval of the Project Director. A numbered receipt and ledger system requiring the signature ofthe Area Lieutenant and a Team Supervisor will be required for all expenditures denoting the appropriate reason for the expenditure. 16 ARTICLE 5: LOSS OF MONIES In the event monies are lost, stolen, or otherwise not accounted for, the Project Director will immediately initiate an investigation. ARTICLE 6: CREDIT CARDS The Project Director may apply for, receive, and authorize the use of credit cards for the sole purpose of conducting TRAP business. ARTICLE 7: FUND ADMINISTRATION The fund will be administered by the Los Angeles County Sheriffs Fiscal Services Office. 7.1: Day to day fiscal management, accounting, and record keeping will be done by the Sheriffs Department Fiscal Services Office and the Project Director. 7.2: Participating agencies shall maintain current and accurate records of account of all obligations and expenditures for respective assigned personnel. Agencies seeking reimbursement for TRAP activities shall submit a detailed statement of expenses in a prescribed format to the Project Director within 30 days following the end of each quarter. Only basic salary, benefit and related overtime costs (at time and one half) will be reimbursed by TRAP. Upon approval by the Project Director, a claim for reimbursement will be forwarded to the Los Angeles County Sheriff's Fiscal Services Office for payment within 30 days. Requisitions for materials and services related to TRAP must have the prior approval ofthe Project Director. Approved expenses will be forwarded to and paid by the Los Angeles County Sheriffs Fiscal Services Office. 17 . . THIS AGREEMENT, made and entered into this day of 2005, by and between the City of Vernon R81mJ~lIeJ1t; hereafter called VPD, and the Taskforce for Regional Autotheft Prevention, hereinafter called TRAP. TRAP will reimburse the VPD for salary and benefits for one (1) Investigator, on a full time basis, including overtime incurred during participation in the Taskforce. WITNESSETH: By and in consideration ofthe covenants and conditions herein contained, TRAP and the VPD do hereby agree as follows: 1. VPD agrees to assign one (1) Investigator to TRAP. 2. The VPD Contact Coordinator will be Captain Steve Towles 3. Should the VPD desire to terminate its participation in the Task force, notification in writing to the Project Director is required. The termination shall be deemed to take effect not less than sixty (60) days after the receipt of written notification. 4. This agreement may be amended by written mutual consent of both parties hereto. 5. The VPD agrees to invoice TRAP on a monthly or quarterly basis. The VPD, Accounting Section, will send all invoices to: TRAP 9040 Telstar, Suite 115 EI Monte, CA 91731 6. In the event ofunforseen emergency or disaster, this agreement may be canceled by either party without prior written notice. CITY OF VERNON ~ (see attached signature page). COUNTY OF LOS ANGELES Sheriff's Department XXXXXXXXXXXXXXXXX~KXXXXXXXXXXX ~~ ~@gl~ Date: LEROY D. BACA SHERIFF APPROVED AS TO FORM Office of the County Counsel County of Los Angeles Sheriff's Department 4700 Ramona Boulevard Monterey Park, CA 91754 Principal County Counsel 18 , , J . CITY OF VERNON By: LEONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH,City Attorney 18a a ~ . MEMORANDUM OF UNDERSTANDING TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION TRAP ~ ~ ~ r;i MEMORANDUM OF UNDERSTANDING .PART I BACKGROUND, MISSION STATEMENT, AND MANAGEMENT STRUCTURE ARTICLE 1: TASK FORCE ESTABLISHED On July 28, 1992 the Los Angeles County Board of Supervisors implemented by Resolution, Vehicle Code Section 9250.14 (SB 2139) in Los Angeles County, to impose an additional one dollar vehicle registration fee on vehicles registered in the County. The revenue generated is designated for use in the deterrence, investigation, and prosecution of vehicle theft in Los Angeles County. The Sheriff, as Regional Coordinator in this effort, with the Chief Administrative Officer (CAO), in conjunction with the Countywide Criminal Justice Coordination Committee (CCJCC) has developed a consolidated vehicle theft curtailment program to integrate resources against vehicle theft. On Apri112, 2004, Assembly Bi111663 was passed and signed into law. This bill extends the provisions of Vehicle Code Section 9250.14 until January 1, 2010 The undersigned do hereby join together to form a consolidated task force for the purpose of integrating investigative and prosecutorial resources to address the expanding vehicle theft problem in Los Angeles County. This Agreement shall become effective when signed and executed by the Regional Coordinator and the other respective participating member agencies. ARTICLE 2: PROGRAM NAME The name of this Program shall be "Taskforce for Regional Autotheft Prevention" (TRAP). ARTICLE 3: MISSION STATEMENT The mission of the "Taskforce for Regional Autotheft Prevention" (TRAP) is to promote a coordinated effort and encourage maximum cooperation between all law enforcement and prosecutorial agencies in Los Angeles County to deter and reduce the incidents of vehicle theft, to increase the recovery rate of stolen vehicles, to identify trends and patterns in vehicle theft, to provide training and expertise to participating agencies countywide, and to coordinate a deterrence program in conjunction with the private sector. 1 3.1: TRAP will target, investigate, and prosecute individuals involved in vehicle theft, particularly those professional thieves who organize, direct, finance, or otherwise engage in commercial vehicle theft for profit. 3.2: TRAP will identify locations used in connection with vehicle theft offenses, including legitimate "front" business locations (i.e., body shops and auto dismantlers)-which operate as commercial "chop shops", and take appropriate action. 3.3: TRAP will provide training and expertise for participating agencies throughout Los Angeles County. 3.4: TRAP will seek input and solicit cooperation from the private sector to coordinate a public deterrence program. ARTICLE 4: THE BOARD OF ADVISORS In keeping with the multi-agency concept of this Program, the Countywide Criminal Justice Coordination Committee, (CCJCC), through its Executive Steering Committee, will act as the Board of Advisors for TRAP and will be responsible for advising the Los Angeles County Sheriff on policy and overall strategy for the Program. ARTICLE 5: THE REGIONAL COORDINATOR The Sheriff shall administer the policy, procedures and affairs of TRAP, subject to the recommendations of the CAO and the CCJCC, through its Executive Steering Committee. 5.1: The Sheriff shall direct the Project Director to purchase/lease equipment, assets, office space, and resources to support the investigative, prosecutorial, and deterrence functions of the Program. 5.2: The Sheriff shall ensure that accurate books of account, showing in detail all financial transactions relating to TRAP, including all costs, expenses or charges paid, are maintained. 5.3: All books and records shall be open to inspection at all times during normal business hours by any authorized representative of participating agencies. 5.4: The Sheriff shall direct the Project Director to cause the books of account and other financial records to be audited annually. 2 5.5: The Project Director shall prepare and submit to the Sheriff and the CCJCC Executive Steering Committee in time for revision and adoption by it, prior to July 1st of each fiscal year, the annual budget of TRAP for the next succeeding fiscal year. ARTICLE 6: THE PROJECT DIRECTOR The Project Director will be selected by the Sheriff, after considering the recommendations of the CCJCC Executive Steering Committee, and shall be of senior law enforcement management rank that will provide a wide range of operational authority to TRAP. 6.1: The Project Director is responsible for planning, staffing, directing, organizing, coordinating, budgeting, auditing, and reporting all tasks, functions, and resources of TRAP. ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING The MOU may only be amended upon recommendation by the Sheriff, following consultation with, and agreement by, the CCJCC Executive Steering Committee and the CAO. All participants will be notified immediately of any proposed changes to this MOU. ARTICLE 8: PARTICIPANTS TRAP will be comprised of law enforcement personnel from Los Angeles County including Police Officers, Sheriff's Deputies, CHP Investigators, and Prosecutors and may include, in anon-reimbursed capacity, agents from the FBI, the National Insurance Crime Bureau, U.S. Customs, the Department of Motor Vehicles and/or other concerned agencies, at the discretion of the Project Director. ARTICLE 9: TERMINATION OF PARTICIPATION Participation in TRAP by a participating agency shall continue until termination in the manner hereafter provided. 9.1: Termination shall become effective 60-days following the giving of written notice of termination of participation by the participating agency to the Project Director. This 60 day period will provide for the timely transfer of assignment and selection of replacement personnel 3 i ~ o ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED TRAP, when developing case investigations, shall use both civil and criminal forfeiture statutes in the seizure of assets. State and federal asset seizure programs will be utilized by TRAP. It is agreed that the assets seized by TRAP will be used to enhance future TRAP operations. Individual seizures in excess of $1,000,000 shall be reviewed by the CCJCC Executive Steering Committee for a recommendation to the Sheriff on appropriate disbursement. In the event a decision is made to disburse any excess assets, they shall be divided based on the following formula, developed by mutual consent: 10.1: It is agreed that 75% of the involved assets will be divided among the participating member agencies. l0.la The formula for distribution will be 33% for LASD, 33% for LAPD, and 33% for other involved agencies, disbursed through the Los Angeles County Police Chiefs' Association. 10.2: The remaining assets, (25%) shall be disbursed to the TRAP Program Operating Fund upon approval by the CCJCC Executive Steering Committee. 10.3: Disbursement will be calculated after administrative costs and federal and state costs have been deducted. ARTICLE 11: TERMINATION DATE Funding for the Program expires on January 1, 2010, with an option for legislative extension. The Program will dissolve on that date unless the California State Legislature acts to continue the funding and the participants subsequently agree to continue participation. ARTICLE 12: DISPOSITION OF ASSETS UPON DISSOLVEMENT OF TRAP Upon dissolvement of TRAP any assets acquired by TRAP during the period of operation and still on hand shall be distributed to participating agencies, on the basis of appraised value at the time of dissolution, based on the following formula: 12.1: Los Angeles County Sheriffs Department, 33%. 12.2: Los Angeles Police Department, 33%. 12.3: Other Participating Agencies, 33%. 4 12.4: Operation and maintenance of the Auto Theft Information Network (ATIN), shall remain with the Los Angeles County Sheriffs Department. 5 PART II OPERATIONAL STANDARDS, STRUCTURE, AND PERSONNEL ARTICLE 1: OPERATING STANDARDS All matters governing operating standards and procedures will be accomplished within Constitutional guidelines, insuring the rights of citizens, and considering the duty of law enforcement to deter crime and detect, arrest, and prosecute individuals engaged in illicit activity. ARTICLE 2: STRUCTURE TRAP will consist of three Groups, the Headquarters Group, the West Investigative Group, and the East Investigative Group. 2.1: The Headquarters Group shall be responsible for the administrative operation of the TRAP program including the Auto Theft Information Network (ATIl~. 2.2: The West Investigative Group shall be responsible for enforcement activities within specifically defined areas in the western portion of Los Angeles County. Boundaries shall be determined by the Project Director and shall include all incorporated areas of the City of Los Angeles. The West Investigative Group will consist of three investigative teams as follows: 2.2a Central Team 2.2b West Team 2.2c Harbor Team 2.3: The East Investigative Group shall be responsible for enforcement activities within specifically defined areas in the eastern portion of Los Angeles County. Boundaries shall be determined by the Project Director and shall include the area of the County north of the northern most boundary of the City of Los Angeles. The East Investigative Group will consist of three investigative teams as follows: 6 2.3a South Bay Team 2.3b San Gabriel Valley Team 2.3c Southeast Team 2.4: Team Boundaries, which will be determined by the Project Director, shall not restrict or prohibit the necessary case follow up, investigation, or assistance by one team in any other team area. 2.5: Groups and Teams will be established in phases based on the receipt of necessary funding during the first year and at the direction of the Project Director. ARTICLE 3: SUPERVISION Each Investigative Group will be managed by an Area Lieutenant. Each regional team will be supervised by a supervisor of the rank of sergeant or supervisory detective. 3.1: The Area Lieutenants, one LASD and one LAPD, will be appointed by the respective parent agency. Team Supervisors will be selected by Area Lieutenants, in consultation with the Project Director, from candidates submitted by the involved parent agencies. Selections may involve an interview process and will in all cases be in full compliance with prevailing parent agency procedures. 3.2: Area Lieutenants are responsible for the leadership and management of the teams assigned to their respective Groups. 3.3: Team Supervisors are responsible for the supervision of personnel assigned to their respective teams, the vehicle theft issues in their area of responsibility, and the tasks assigned to their teams. 3.4: Officers assigned to TRAP will work full time under the direct daily supervision of Area Lieutenants and Team Supervisors. Area Lieutenants and Team Supervisors will be under the supervision of the Project Director and all members will follow the policies, procedures, and guidelines enacted for the Program. Should any of the aforementioned policies, procedures, or guidelines conflict with the policy, procedures, guidelines, training or tactical guidelines of a participating parent agency, the individual member will immediately bring the conflict to the attention of a supervisor. The individual member shall abide by the directives of the parent agency until such conflict is resolved. The Project Director shall ensure that the appropriate action to resolve the conflict is initiated. without delay. 7 ARTICLE 4: PERSONNEL SELECTION Participating agencies shall nominate experienced investigators and qualified investigative trainees for assignment to TRAP. All investigative positions shall be filled by sworn personnel only. Final personnel selection decisions will be made by the Project Director, in consultation with the concerned agency heads. Selection may involve an interview process. 4.1: Agency representation will be based on agreed upon funding levels. 4.2: Based on the expertise required to conduct vehicle theft investigations, a one year minimum assignment is strongly recommended for TRAP personnel. Nothing in this agreement prevents an individual from returning to the parent agency for any reason based on agreed upon procedures. 4.2a Personnel maybe terminated from the Program and returned to their respective parent agencies for failure to adhere to Program policies and procedures, at the discretion of-the Project Director, in consultation with concerned agency heads. 4.2b Personnel suffering injury or illness resulting in extended absence or light duty status maybe evaluated and returned to the parent agency at the discretion of the Project Director, in consultation with concerned agency heads. ARTICLE 5: PROSECUTORIAL SUPPORT At the inception of TRAP a Deputy District Attorney will be assigned to advise, assist, and coordinate prosecutorial activity. These positions will be fully reimbursed by the Program. TRAP officers will continue to have access to respective Branch Offices for prosecutorial support, at no additional cost to the Program. During subsequent years of operation, prosecutorial participation will be evaluated and modified, if appropriate, based on work load and budget considerations. 8 ARTICLE 6: CASE PRIORITIZATION Case priorities will be determined by, but not limited to, the sophistication of the enterprise, community impact, personnel and/or equipment availability, and workable investigative leads. 6.1: It shall be the policy of the Program to respond to requests for case development assistance from member agencies whose situation demands expertise or resources beyond their existing limitations, based on the availability and priorities of TRAP. If TRAP assistance is provided and TRAP becomes extensively involved in an ongoing investigation, TRAP may elect, by mutual agreement, to become the primary investigative unit on the case. 6.2: Proactive enforcement will be the primary activity of TRAP Teams and will include suspect and location identification, investigation, report preparation, and suspect arrest and prosecution. All manner of vehicle theft will be targeted but emphasis will be placed on professional, commercial auto theft operations. ARTICLE 7: AUTO THEFT INFORMATION NETWORK (ATIN~ TRAP will develop a computerized, centralized, one stop vehicle theft incident and criminal history information center with crime analysis capability for use by law enforcement agencies. ARTICLE 8: CRIME PREVENTION TRAP will coordinate a vehicle theft prevention program utilizing private sector support, community groups, and the media to inform and educate the citizens of Los Angeles County regarding the vehicle theft problem. The intent of this program will be to enhance public awareness and encourage community participation to deter vehicle theft. 9 PART III ADMINISTRATIVE GUIDELINES ARTICLE 1: POLICY All members of TRAP will be expected to conform to their parent agency's policies, procedures, and tactical guidelines as well as any additional policies and procedures set forth by TRAP. ARTICLE 2: REPORTING FORMAT Investigative reports will be completed in a timely manner and will describe activities fully, exactly and plainly. Copies of all case reports will be kept in the respective Team office under an in-house file number until completion of the case, at which time reports will be maintained in a centralized records retention file, managed by TRAP, pursuant to standardized document destruction procedures. Original copies of case reports will be forwarded to the involved parent law enforcement agency for required distribution and record keeping. All appropriate information will be entered into the ATIN system. 2.1: Report forms used to document case activities will be those employed by the. involved lead investigator's parent agency. ARTICLE 3: RELEASE OF INFORMATION Large scale investigations are sensitive. Protection of sources of information and managing information about areas of criminal activity are absolutely essential. Dissemination of information and reports will be done on a "need-to-know/right-to- know" basis in compliance with existing state and federal laws. Questions about the appropriateness of releasing case information will be referred to the Project Director, who will coordinate the dissemination of information. 3.1: .TRAP will cooperate with the news media to assist them in obtaining information on matters of public interest. However, certain information must remain conf dential in order to protect the Constitutional rights of the accused, to avoid interfering with a TRAP investigation, or because it is legally privileged. 3.2: The Project Director is responsible for the dissemination or coordination of press releases. All participating agencies will be notified, time permitting, prior to any media releases. Notification will be made in all cases prior to any formal press briefing. 10 ARTICLE 4: ACTIVITY REPORT Team Supervisors will prepare monthly activities reports detailing team activities for each Area Lieutenant. These activities reports will be forwarded to the Project Director and will serve as the basis for quarterly reports to the Sheriff and the CCJCC Executive Steering Committee. The Project Director will submit a quarterly operational report within 15 days of the close of a calendar quarter. Copies of the quarterly report will be forwarded to all participating agencies. ARTICLE 5: DOCUMENT SECURITY All reports and records will be designated CONFIDENTIAL. This material will be secured under lock and key when unattended. Access to files will be on a "need-to- know/right-to-know" basis. Case files being actively worked will be kept under the direct control of TRAP until the investigation is concluded. Cases with no workable leads, or cases that have not been worked after one year will be handled pursuant to lawful standardized document destruction procedures. At no time will official reports or evidence be kept or stored anywhere but the designated offices of TRAP or the evidence room or records section of the involved parent agency. The management of information .will always be done in strict accordance with applicable local, state, and federal laws. 5.1: Monthly Activities Reports and other such similar TRAP materials are prepared specifically for the members of the CCJCC Executive Steering Committee and shall be considered and marked CONFIDENTIAL. ARTICLE 6: MULTI-AGENCY CONCERNS 6.1: Citizen Complaints Any complaint from an individual alleging misconduct by personnel of TRAP will be directed to the appropriate Area Lieutenant for immediate assignment and preliminary fact finding. The Area Lieutenant will immediately notify the Project Director. The Project Director will notify the concerned officer's parent agency and provide them with all available information regarding the incident. Final determination of investigative responsibility will be made following discussion with the parent agency. Disciplinary action will be recommended and approved solely by the concerned parent agency. 6.2: Employee Evaluation Area Lieutenants and Team Supervisors will assist appropriate parent agency supervisors in completing fair and objective evaluations for rating periods involving task force assignments. The parent agency evaluation form will be used. 11 6.3: On Duty Traffic Collisions 6.3a Non Injury If a TRAP officer is involved in a traffic collision while on duty NOT resulting in injury or death, the Area Lieutenant shall make the following notifications: 1. The Project Director 2. A supervisor from the involved officer's parent agency 3. A supervisor from the agency in whose jurisdiction the incident occurred. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. 6.3b Injury or Death If a TRAP officer is involved in a traffic collision while on duty which results in injury or death the Area Lieutenant shall make the following notifications: 1. The Project Director who will immediately notify the Sheriff and the Chairperson of the CCJCC Executive Steering Committee. 2. A supervisor from the involved officer's parent agency. 3. A supervisor from the agency in whose jurisdiction the incident occurred. 4. The California Highway Patrol. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. 6.4: When a TRAP officer is injured on duty, the Area Lieutenant will notify the Project Director. An involved parent agency supervisor will be notified and procedures will be followed as required by the concerned parent agency. In case of an emergency, the officer will receive immediate medical attention in the most expedient manner. In order to assist the Area Lieutenant in ensuring an officer's injury is treated without delay, every officer assigned to TRAP will supply a supervisor with medical emergency notification information that will be maintained at the respective team office and TRAP Headquarters office. 6.5: Use of Force incidents will be reported as required by parent agency guidelines. 12 6.5a An officer involved shooting incident resulting in injury or death during the performance of duty will require the immediate notification of the following: 1. The Project Director, who will immediately notify the Sheriff and the Chairperson of the CCJCC Executive Committee. 2. A supervisor from the involved officer's parent agency. 3. A supervisor from the agency in which the incident took place. 4. The LASD Homicide Bureau. 5. The LAPD Robbery Homicide Officer Involved Shooting Team for LAPD involved cases. 6.5b Investigative and reporting responsibility will be determined following consultation with involved agency representatives and will be in compliance with all parent agency guidelines. Nothing in this agreement precludes concurrent investigations by involved agencies. The District Attorney's rollout team will be notified if the parent agency of the involved officer requests it. If there is a conflict between parent agency policies when multiple jurisdiction officers are involved, the District Attorney's rollout team will be notified. 6.5c Any non hit shooting or accidental discharge shall immediately be reported to the Area Lieutenant for preliminary investigation. The Area Lieutenant will respond and notify the Project Director who will notify the supervisor from the involved officer's parent agency. Investigative and reporting responsibility will be determined following consultation with the involved agency representatives and will be in compliance with all parent agency guidelines. 6.6: Every officer assigned to TRAP will carry a firearm in accordance with his/her department policies and procedures. Applicable parent agency policies concerning the use of firearms shall apply. Any firearms carried by TRAP officers must be approved by the concerned parent agency. TRAP officers shall comply with their respective parent agency firearms qualification requirements. 6.7: Each member agency shall be solely liable for any and all damages, including attorney's fees, resulting from the acts or omissions of its own employees, including those employee of or assigned to TRAP, and shall indemnify and hold harmless each other member agency for said acts and omissions. 6.8: Each agency is responsible for any worker compensation, sick, injured on duty, or similar benefits incurred by or due its employees. 13 ARTICLE 7: TRAINING All required parent agency training shall be attended by assigned personnel. A Team Supervisor shall be notified of scheduled training as soon as possible. TRAP will schedule additional training consistent with TRAP's stated mission and goals. 14 PART IV FISCAL GUIDELINES ARTICLE 1: SOURCE OF FUNDING Revenue for TRAP is generated from the collection of an additional one dollar vehicle registration fee from vehicles registered in Los Angeles County as authorized by Vehicle Code Section 9250.14, (AB 183). There will be no personnel or equipment costs to participating agencies. Revenue may not be used to fund existing budgeted programs or personnel and participating agencies may not charge any indirect costs for administration or implementation of this agreement. ARTICLE 2: PROGRAM OPERATING FUND Monies will be received by the County of Los Angeles and placed in a single County fund, overseen by the Sheriff, as a Program Operating Budget. Participating agency personnel will be provided with necessary assets, supplies, and equipment, including vehicles, communication equipment and technical tools from the Program Operating Budget. ARTICLE 3: FUNDING LEVELS Funding for operating costs will be made from the Program Operating Budget at the following levels: 3.1: Overhead costs not to exceed 33% of the total Program Operating Budget shall be set aside to fund administrative and support costs associated with the Program which include the following: 3.1a Any salaries for non investigative personnel 3.1b CHP salary, benefits and equipment (one per team) 3.1c Support staff equipment procurement 3.1 d The creation of an Auto Theft Information Network (ATIl~, centralized computerized system. 3.2: Participating agencies agree to assign personnel to TRAP. All personnel assigned to TRAP will be paid by their respective agencies. Expenditures for task force field personnel, including salary, benefits, overtime and equipment will be funded from the remaining 66% of the Program Operating Budget. Salary, benefits and overtime expenditures 15 will be reimbursed to participating agencies at the following funding/staffing levels: 3.2a Los Angeles County Sheriffs Department, 33%. 3.2b Los Angeles Police Department, 33%. 3.2c Other Participating Agencies, 33%. 3.3: All overtime will be reimbursed from the Program Operating Budget. 3.3a No overtime will be allowed unless by prior approval of an Area Lieutenant. 3.3b All personnel will, as required, work beyond their normal work day or respond to call outs as deemed necessary by the Area Lieutenant or Team Supervisor. 3.4: TRAP will provide vehicles to assigned personnel. Involved parent agencies agree to provide liability/hold harmless coverage pursuant to established parent agency procedures. 3.5: Any excess funds not expended from the administrative and support costs maybe diverted to the personnel costs, quarterly, at the discretion of the Project Director. 3.6: The administrative and support funding levels maybe adjusted by the Sheriff, upon recommendation of the Project Director, the CCJCC Executive Steering Committee, and the CAO. 3.7: The Project Director shall prepare a quarterly report which describes revenues and expenditures for the prior quarter as well as year to date. The report shall include administrative, payroll, overtime, investigative, and equipment expenditures. ARTICLE 4: SPECIAL FUNDS A special fund shall be established, to which members of TRAP may charge expenditures as necessary in the performance of the duties of the Program. Special funds expenditures are those authorized expenditures by TRAP personnel incurred while working undercover or on a surveillance and must be directly related to program maintenance, and/or investigative expenses. The Project Director shall maintain this fund in the amount of $10,000 through the year. Expenditures shall have the prior approval of the Project Director. A numbered receipt-and ledger system requiring the signature of the Area Lieutenant and a Team Supervisor will be required for all expenditures denoting the appropriate reason for the expenditure. 16 ARTICLE 5: LOSS OF MONIES In the event monies are lost, stolen, or otherwise not accounted for, the Project Director will immediately initiate an investigation. ARTICLE 6: CREDIT CARDS The Project Director may apply for, receive, and authorize the use of credit cards for the sole purpose of conducting TRAP business. ARTICLE 7: FUND ADMINISTRATION The fund will be administered by the Los Angeles County Sheriffs Fiscal Services Office. 7.1: Day to day fiscal management, accounting, and record keeping will be done by the Sheriffs Department Fiscal Services Office and the Project Director. 7.2: Participating agencies shall maintain current and accurate records of account of all obligations and expenditures for respective assigned personnel. Agencies seeking reimbursement for TRAP activities shall submit a detailed statement of expenses in a prescribed format to the Project Director within 30 days following the end of each quarter. Only basic salary, benefit and related overtime costs (at time and one half) will be reimbursed by TRAP. Upon approval by the Project Director, a claim for reimbursement will be forwarded to the Los Angeles County Sheriffs Fiscal Services Office for payment within 30 days. Requisitions for materials and services related to TRAP must have the prior approval of the Project Director. Approved expenses will be forwarded to and paid by the Los Angeles County Sheriffs Fiscal Services Office. 17 THIS AGREEMENT, made and entered into this day of , 2005, by and between the City of Vernon P~~~4~~~~t; hereafter called VPD, and the Taskforce for Regional Autotheft Prevention,. hereinafter called TRAP. TRAP will reimburse the VPD for salary and benefits for one (1) Investigator, on a full time basis, including overtime incurred during participation in the Taskforce. WITNESSETH: By and in consideration of the covenants and conditions herein contained, TRAP and the VPD do hereby agree as follows: 1. VPD agrees to assign one (1) Investigator to TRAP. 2. The VPD Contact Coordinator will be captain Steve Towles 3. .Should the VPD desire to terminate its participation in the Task force, notification in writing to the Project Director is required. The termination shall be deemed to take effect not less than sixty (60) days after the receipt of written notification. 4. This agreement maybe amended by written mutual consent of both parties hereto. 5. The VPD agrees to invoice TRAP on a monthly or quarterly basis. The VPD, Accounting Section, will send all invoices to: TRAP 9040 Telstar, Suite 115 El Monte, CA 91731 6. In the event of unforseen emergency or disaster, this agreement maybe canceled by either party without prior written. notice. CITY OF VERNON COUNTY OF LOS ANGELES i~~~uu~t ~ Sheri-ff s Department (see attached signature page) xxxxxxxxxxxxxxxxxxxxx~#~xxxxxxx~x~xx ate: ~~'~-D,S_ L OY D. BACA ~~i,~E SHERIFF APPROVED AS TO FORM County of Los Angeles Office of the County Counsel Sheriff's Department 4700 Ramona Boulevard ~ Monterey Park, CA 91754 Principal County Counsel 18 CITY OF VERNON E N I S C. MALBUfZ , May ATTEST: ZL-i~. ~ BR V. MALKENHORST, Acting-City Cler APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney 18a