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HomeMy WebLinkAboutC-4525 - Memorandum of Agreement - Orange County Auto Theft Task Force (OCATT)03/06/2012 09:31 7145342469 AUTO THEFT TASKFORCE PAGE 02/19 MEMORANDUM OF AGREEMENT ORANGE COUNTY AUTO THEFT TASK FORCE Updated January 2010 This Memorandum of Agreement ("M.O.A.") is made and entered into as of January 1, 2010, which date is stated for purposes of reference only, by and between the following parties: City of Brea, California; City of Buena Park, California; City of Fullerton, California; City of Huntington Beach, California; City of Laguna Beach, California; City of Newport Beach, California; City of Placentia, California; City of Tustin; California; U.C. Irvine; California Highway Patrol; California Department of Insurance; California Department of Motor Vehicles; and the County of Orange, a political subdivision of the State of'California ("County"). The above -listed entities may be referred to individually as "Party" or collectively as "Parties." I. OVERVIEW In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250,14). This bill authorizes the Board of Supervisors to impose a one -dollar fee on all vehicles registered in the County at the titne of registration renewal to enhance the capacity of local law enforcementand prosecutors to deter, investigate, and prosecute vehicle theft crimes. On January 12, 1993, The Orange County District Attorney, in conjunction with the Orange County Chiefs' and Sheriff's Association, requested the Board of Supervisors adopt a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi - jurisdictional vehicle theft task force. Resolution No, 93-54 was adopted unanimously, which results in an additional $1.00 fee to be charged on each Orange County new and renewal vehicle registration. Assembly Bill 286 amended Vehicle Code Section 9250.14 to extend the repeal date to January 1, 2018 and thus extend the $1.00 fee to be charged on vehicle registrations and the continuous appropriation to fund the multi jurisdictional vehicle theft task force. Vehicle theft is the most costly property erime in the United States Auto theft results in monetary losses to victims and affects auto insurance oasts for the driving public. Auto theft in Orange County has decreased 19.7 percent in 2008 as compared to 2007 statistics. There were 7,633 vehicles stolen in Orange County in 2008, which is approximately 4% of the statewide number of stolen vehicles, Combined efforts of California law enforcement agencies, and the hard work of the multi -jurisdictional OCATT - MOA. January 2010 Page 1 of 11 0 6/2012 09:31 7146342469 AUTO THEFT TASKFORCE PAGE 03/19 vehicle theft task forceslike OrangeCounty Ante Theft Task Force (OCATT), coupled with,preVention effhrObl-theistIblic and ;remote inatatfictererai have. matit Der ti substemial derntatilt (hit litinber ofettsitte thativStatOvide for a third eonseeird Ye Vv. th 20.08., there was a more than 17percent dectease:frprnethe previous (2007) year, rn the number of vehicles stolen statewide. Not since 1999 had titre been a double digit decrease in the number of vehicles stolen in California.. Even with the recent decrease, artaterage, a vehicle is stolen every twin MLitt% in Chlifornia. hi2GQE, 199,746 vehicles were stolen in California with:an.estimated Valve cif $1.3'5. billion. Of the vehicles stolen Miley/Me:in 2008, neatly 87 percent were successililly recovered. IL IYI15g1t1N To reduce the incidence of vehicle theft antLinc-rease the apprehension of c professional vehicle thief. A. Objectives 1, Interface with the Regional Narcotics Suppression Program (RNSP), °tune County Gang Task Fete, Orange Criastlitegional Career Criminal Apprehension FeWanl (CCAF), California Ilighway Patrol (CH?) Investigative Services, Department of Motor Vehicles (DMV)JDcpartment of Jittiec (1307), and all agencies within °swage County for the stharingaf intelligence related to vehicle theft 2. Increase the arrests of vehicle theft suspects, particularly the professiOnal thieves panicipatiq inotipphag, renumbering for resale, exParlatiatli 410401tings. 3. Identify legations supporting vehicle theft offenses and take the appropriate enforcement action. These locations may Mande legitimate businesses (repairibody shops and dismantlers) used for illegal actiiities and saes of 'chop Shop" operations. 4. Identify local trends andfor patterns of vehicle theft activities targeted by task force investigators. 5, incrertle the rectiverrrate of stolen vehiclesiit Orange betray, 6. litnvida It fundamental, Vehicle theft investigatiewrepository of vthiI theft expertise,. support, coordination and functional databases- Providettforam fihrpubfic awarehtts ofveitsfathell prevention. This will bp aeermiithalted through eoortlittorioinsitik local Inctlia ta expose the vehicle thett. program and encourage public participation, while discouraging potential vehicle thieves. OCATE -MOAy1010 Page 2-of II 03/06/2012 09:31 7149342469 AUTO THEFT TASKFORCE FAGE 04/19 111. TASX,FORCE ORGA.NIZATJON OCATT, having already beaSmiiedby participating law enforcement agencies, is organized as follows: A. Executive Commis The EXcCiltiVe- Committee shall act a dieBoard of Directors of the. Orange Cdunty Auto Theft Task Force and direct the affairs of such. Tlie Executive Committee shall be ctiinprited orinetubest from laWerilbteeMetitagettlet. 71* tditposition of The ExOcUtive committee may be adjusted With a majority vote, of tht existing Committee Memblif.S. limbers oftbe Executive ComlnittioeSholddirneet as needed, to reviewlask fore operations and provide guidance and input The Chief of the District Attorney's Bureau:of Investigation Unit shall serve as Director and Chairperson of the- Exeeutive Committee_ Quorum voting of the Executive Cbrotrattee shill be by majority vote and by coMmittee members only. Surd vaoandies shall be ThT4 by majority vote of the Executive Committee. B. Task Force Coordinate A Lieutenant orthe California Highway Fatal will staff the Coordinator's position. The coordinator will be respcmsihle for management of the task force and will be accountable to the Executive Committee, The lieutenant will' dedicate that amount of time necessary to efficiently manage the Task Force. The Parties tti this Iii/1.0,A. agree that the coordirratoris salaries and benefits will not be reimbursed by the task force fund, C. Supervision The task force will be comprised -of two investivitiveleamt assigned by the task force coordinator; dittmed by vehicle thetrends andtlemograPhic,s, Sup,eryisrnn of the investigative teams will be eadresponsibility of the sergeant a working,mentberof the team Selectionof task force aPPerviecus will be based level xzt:prtvipps performance and availability, Selectioi . of the supervisors will be liana. qualified:pa& af candidates...provided by parti.,ipittliag agencies. The.seleetion, shill be the ittpOrigibility of-the:task fume *cardinal& Witii,COrieurrenee ortheil3xerilitiVe.,Ccolmittee. ThOtittio To this 18/1,0,A, agree that:salaries and benefits assocladedwith supervisory positions -will beleimbuned bit* task foreerund. DiTrosdOution.Staff The District AttOrney's Office will assign up to twaltroSeeutars 'and one investigator lo wok:slung:side-talk force members. The prosecutors wilt provide legal review and rile teak fbrce cases warranting criminal eomplaints. All task forcer casesWill be vertically prosecuted. OCATI Page 3 of I I 03/06/2012 09: 31 7146342469 AUTO THEFT TASKFORCE PAGE 05/19 The Distrid Attorney's invedigator will act as liaison between :task force mernbers and prosecuters:Andparticipmeittihvestigationsmid:thefilhigaferimintal cruet. Thelardes to SAS Ist0A. agree that salaries MO benefits for these three p�sttkn fl be teinihnitted by tie taslctbrce fund. E. Investigators The tasicfbree shall be Staffed:by qttalified detectiVestinSsitalbra, Asaigralaear to the task force:shall be for minimum two years, Due to the sensitive name of the Paai#Plai personnel recommended for assignment stitteatio selection interviews by -the coordinatoi and supervisors, Considerdiet fotailignalent is based onpreVious perfOrnience,,irtvesdptiVe expetience and ability to wetit Well with beim in a "Cove and date environment. Persormel not.meeting acceptable standards of performanee or refusing to comply with task farce policies and procedures may be removed from the task force assignment Should the task force coordinator have cause to remove a member, he shall discuss the issue with the participating agency, If the participating agency does nctt concur with the task 'Oozecoordinator's decision to remove the member, the issue shall be forwarded to the Executive Committee for resolution. It is agreed, however, the resolving of operational issues •at the lowest level serves the best interest of the task force. The Parties to this 14,0A agree that salaries and benefits associated with these detectives/investigators will be reimbursed from the task force fund. F. Administrative Sumort Staff The OfAce cif die District Attorney will provide up TO Iwo Attorrusy's Clerk to the task force, These positions will support office/administrative operations and task force personnel and provide clerical liaison between participating agencies, An Accounting staff will be prOVided by the Office of theDistrict Attorney to handle all aspects ofitetoUntingt budgeting; purchasing; financial, repotting including receipt, disbursement and reconciliation of mask force fund, This position will be responsible for providing a Valet' and/Or Ealrillal accounting df the fund, The Parties to thisM.0 agree that the. salaries and benefits for these three positions will beseitribursed by the -task foscettriad, 0, Calif a fel Thenepartnrent of Insurance wittessi,gn one full,tirnelnvestigator-te: the. task force. The Paitiestothith4.0.A. wet that at salary and beilet.OViettagrcitythitintiliberWall be paid by 1101inna will not be leimbursed.by the task fame flat Flutter, the Paitiemtbis M.O.& agree-that„oyettime expeaso for this member will be tairiburse,d to DOI'by the task force fund. Referte Section iy.p, Overtime, for fOrfher remdrements. DOI will.proVide this stitot!svthicIe, oczkrr itiety provide a Vehicle if Micas available.. OCATT fantary2610 PageAa &U 93/06/2012 09:31 7146342469 AUTO THEFT TASKFORCE PAGE 06/19 H. Department (AM etor Vehicles EDMV) Special Investigator The teparttnent°ofMotdr Vthiales, hYvestigarionsDivision; will' assign an rnvestrgatorto the task farce on apart tithe basis to assist with records information includingvehicle backgrounds; fraudnlenkidentificati'on (vehicles/persons), identification of suspects, document analysis, etc. Ekpenses for this investigator position Will dot be reimbursed by the. task ford fUrtd. Should the:need.For a full -tint investigator develop; the 'Department of Motor Vehicles has offered:te provide one full-time investigator, The Pa[tiea to this M.O:A, agree that the investigator's saittiies etrd'benefits vial net be to titbiirsed: byy'the task'Force fund. Further, the Parties to this.M:0.A. agree that overtime expenses far the investigator will he -reimbursed by The task force Hand: Refer to SetettonTV,IJ, overtime; for further requirements. The investigatorwill provide his/her vehicle, safety equipment and radio, etc. when reporting to the task' force. OCATTmay-prbvidea vehicleiif one is available. I. California Highway Patrol The Department of Califomia;:Nghway'Patrol (CHP) will assign two (2) frill -time officers to work as ittvestiga(drs to the "Ink farce. The Parties to this M,O.A, agree that all salaries and benefits accrued bythese investigators' will be paid by the Department of California. Highway Patrol and will not be reimbursed by the task time fund: Further, the Parties to this M.O:A, agree that ovettime.expenses for these investigators will be reimbursed to Um Department of California Highway Patrol by the task force fund up to the maximum amount agreed upon In the Letter of Agreemef t tereorandutn of Understanding between the task farteaitd CHP. Refer to Section IV.D, 0vertime., for furtherrequuements, `he•,task'force: will supply general support items .such aswork space, offioe furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. IV, T TSCL PROCEDURES A, Ssissies and..Bjnt!fats Tiietisk force coordinator, psrMicipaagxepresentati"ves flora the -Department .of Insurance, theDepartment of Motor Vehiclest Orange County Probation, California State Parole; and levesttgators atm the CeNtbwia fli ghway Patrol, will not be xeitnbursed fbr Salaries and. benefits. The salaries, benefits and overtime of all remelting task forte participanis:wilt be reinibarsed to the participating agencies by the tusk fete fiifttl. The personeel assigned to the task farce will be paid by their 'tespeetIve,dgeiteie$. 0CATr-:Mt3A. 7atterStttto Page Sof11 03/t6/2012 09:31 7146342469 AUTO THEFT TAEFFORCE PAGE 07/19 all be the responsib1Jity of the coordinator to institute a system of checks and by, the houts,of each participant will be authof reed and audited; for u fbrrdafien.wr'll. be t+ept i'tc to the partidlpating agencies' time analysc, o the task .force, acoounthig'.staff. The; task force coordinator will retain a opy ofthis record, Members assigned to the task force whose saihtis and benefits are reimbursed by the task force fluid shall be assigned as a full time position, The administrative processing to determine payroll by the participating agencies will not be reimbursed, B, Participant Claims fbr Rejmbttrsement Participating agencies may request -reimbursement for taskfo. salaries, benefitsand overtime. Reimbursement will be based on actual hours -of pt participation. Overtime expense will be reimbursed using task force member's eve pay rate' at the time the overtime hours worked regardless of these hours being paid in cash or convened to compensation. time off by participating agencies. Hence, to' avoid duplicate billing, the compensation time off taken by task force members will not be reimbursed from the task force fund. When OCATT investigators attend training not related to OCAfl duties, i.e. riot training, bomb squad, scuba diving, those hours will not be paid by OCATT. All claims: are subject to approval by'the Task Force Coordinator. It is the responsibility of the task force accounting staff to develop a format for claiming expenses, with appropriate substantiating data, and to provide a sample of the documem to the partieipsting agencies for claim ptnposes.. Payment.of submitted claims will be processed within 543 days Ofreeeipt.of invoice in.a,format .atceptable to the task force. In the unlikely event that revenues fall short .of what is required for full recompense•, reimbursement shall be made on a pre rata, share basis, Iit ne event will general revenues of the County be used to offset any shortage. Claims fbr reirnbzusernent of travel, per diem, lodging, materials,..or services necessary to perfonn task tome activities shall be submitted an an, approved. claim farm speeifte ttt task.force operetians. All oiaims eat ptJSVty apprevaltrait trek:force cootdln*tor and the C:ot aty of Orange polities and prottedures, Upon approval, fhe:,aoordinator'•shall fortvaxd thexeirrt'butsertitznt claim, to tdtetaskfbroe aocounting staff for"payntent processing within 5d days of :receipt ofelaims, C. Rtttht(a Avdit Each party tofais•agrtertieitt:shalllnakwavailahle(o the conaty,;aitallreasgnabletines, their financial records relattttg to this agreement;, Pie,County or independent auditor my audit such records and,shouldthe County detenraineAneligiblecostshave been reimbursed, the agency§tahslliatmediatCjirepay'titer,.arttutirnt'deetnediYte9igible lfnot repaid within 3p itsys, the Cmwty.znay withhold The amount ineligible from oily Page 6Tof11 6/2012 09:31 7146342469 AUTO THEFT TASKFORCE PACE 00/19 faturcreimbursernents. The parties shall maintain the otlginalt©,piest+fthe required iewrds:tbr a period of dine years .after the date the dirqatrise;is reins ed. D. SJ.reztime The Executive Committeemay a to be utilized by the task force. Monthly amounts exceeding this ailocatiop wiil require form coordinator for approval of the.Executive Comnn a "not to exceed" rnontltlyallocation of Overtime ftj toatbon by tine task E. Indirect Corr The County of Orange, through the Office of the District Attorney, receives and is the financial administrator for all source funds'.far the Craw County Auto Theft Task Force. As such, a significant amount of management tithe will be co :armed for the tidttinistration offiinds and expendittres associated with these funds, to be reimbursed to the Office of the District Attorney by the task force fund. F. Special Fund The Office of the District Attorney, inorder to facilitate task farce operations, shall establish a special appropriation fond. These funds sha11be used only as necessary, in the performance of duties relating to task force activities, Usc of special fund will be limited to special and extraordinary expenses incurred during the investigation of vehicle thefts in accordance with Government Code Sections 29400 thrbUgh.29407. Authorization to use these funds will be determined by the Executive Cornmittec through its Chaizperaon. Each partloipatin responsibility:for vehicle accidents an responsible fiat any an detectivelinvestigator, i assigned to the task fore g ty, its ofEieer r f¢r the fleet participating sgetunts.: claims and damages:rest hold each Other harmless V.. LIABILITY y involved in the task force:shall laave fuA•financial °five investigatorstssigtaed to:tkia-hsk force, including tdilititry ¢hums, Aridkionaity,.the agenoysshall be oxkerY :edtnpensatipn: ela9ms of,iheir respective ntof injury during the course and scope of dudes while chi the Iitibility' for acts or OCATT-MOA.Jam t 2,00 have assumed any yeas, and harmless from County shall Other, Page 7 of. t I 03/06/2012 09:31 7146342469 AUTO THEFT TASKFORCE PAGE 09/19 Each:Party to this agreement agreeoto defend., indemnify, tradhold hemiless the other Parries:10 this agSisiitia regard to liabilityligAted.ori the agreeing PorticO, threw lets or othisSities ofehcither Patty' eitsignecterftployees. VX. OPERATIONAL LOCATIPS Appropriate space will be leased to house task force parficietalfs arid eqUipment. The Icetie will be paid hem the.,tasitte lkmj The task foreenfliee-will beeutraflylocated within Orange County. Location will be selected by the task force coordinator hi cenjunetion elith County of Orange County Executive Office, and approved by the Executive Committee. VII. EMIPMENT The talk force coordinator will be responsible for eoordinating the nse of and tracking the equipment assigned to the task forte and will utilize approved county procedures for the accounting of, and.safeguarding capital assets and controlled equipment. A. Vehicles If the task force is unable to provide a vehicle to the member through task force resources, partierpating encies agree to provide this eqUipment. the event thetask force purehasesor leases vethieles forme by tash three members; those vehicles will be placed under thc County of Orange's self -insured liability policy, However, any losses, including traffic collisions, thefto,,ete.,,drat occur while the vehicle is under the control of a task force meniber,„ shall fall wider the liability ofthe niernber's home ogene)', and thathorne geny shall defend, inderfutitit and hold:harmless the other members, including the County, as detailed in section V of this Memorandum of Agreement Mitinterranceof vehicles previded by the tasklbree will bepa dfor by the task Three fund. Each meniber of the.task farve"Will be issued.tx gesplitie eat& Atoll s'hallheused to pinerose gasoline and two tar washes per mogul fOrt/edis wiped: peATT vehicle, /4emhem. shall submit the receipts monthly to thoceordinator Who will.review, approve and forward them to the District Attorney Fiscal Services fer.payment-pioceasing, B. tOtinimileationikerlipmenl $and held nthri-eadosand cell:War wlephones wiflbeaqufted ineooperatlonwiTh the County oiCrangeCenmty Exeettive Office and paid for by them.* ford, fund. The eisordifiatht, SupetiPisor§rand tech dateetivetthVettiaater tilebprovictd this equipment, 'Procedures at in glace fp: mute proper use and acrreauntabilfty ef this OCATT It4nirary10. Pa 03'06/2012 09731 7146342469 AUTO THEFT TASKED PAGE 10/19 C. Additional.£etnipment Ad ,itional eg14ffAertt inchtdinj had tools, binot ilarx, video Osmeeas, etc, provided tomembers from task force iaven vehicles, or covert -assets, will require cooperat participating ageutieS. ofifae etltzfpmat, camptitets; d by ttie task force fund arid requiting air support, unique and assistance -from tatyaLt ty i€ iiOccIvra ers The use of covert 'identittea'to support or enhance undercover operations is tee 'al, This may require rlenctive1Atvesrigators'to possess undercover driver's Beensee, anc other sources of identification. The procurement, utilization, and control of these documents will rest with the participating lgt rstcies. beteotiveslusvestigatots will be expected to bring covert documents wdthtlyditr at the:rime of assignment, IX. A,SSIJT';SHABiNG Tusk force operations, Which result in the potential for either State or Fedetal.stsatrt seizures, shall be brought to the.attention.of the Executive Committee, The Committee will assess wbetber or not an application for asset forfe;tureshartng will he made pursuant to appropria$e tate ort.ederal law..Any-fortbited funds paid re the tusk -force shall be retained by thetask force to pay for -operational expenses, X. REPORTXNS A. The ttfisk Se coordinatorwill be responsible for' implementing a rePotOng systettr, Witicksmds teatrt aetivitss, statistics, and acgon1p1ia11znents utrask force operations, Thieireporting syster[t'will seine as the basis for quarterly reports to the Executive Committee and ensure acdbtintAbility ofmadras, 'personnel.and. equipt ant... OCA The coeirdtnaior semi-annual oz:-snftuaT Theanriuil tgeor3will he provided to the Cotm y.'Boaaa of Supervisors copies to each participng' Cots Council. A. January 201 D 3e an 03/06/2012 09:31 7146342469 AUTO THEFT TASKFORCE PAGE 11/19 California Department of Tvlotor Vehicles Date Date City of Fuflerton Date City of Huntington Beach Date. City of Laguna Beach Date y of Newport Beach Date Placentia Police Department Date Tustin Police Department. U. C.Irvine OVEP AS T.gPOFJk 0: Pc OF 1HtoutTV GOUNS6L 7HOU BAt iPO OCs.TT - MOA. January 2010 Date Date APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH Pagdli of 11 Via