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HomeMy WebLinkAboutE-07 - Agenda Item - TRAP finalMOU for Taskforce for Regional Auto Theft Prevention July 18, 2016 Page 2 CONSENT CALENDAR E-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER FROM: STEPHAN HUNT, ACTING CHIEF OF POLICE DATE: JULY 18, 2016 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN TASKFORCE FOR REGIONAL AUTO THEFT PREVENTION (TRAP) AND THE CITY OF AZUSA SUMMARY: During fiscal year 2014-2015, the City experienced a 56% increase in Motor Vehicle Theft. Motor Vehicle Theft has increased an additional 8% through June of this year In April 2016, the Police Department began discussions with the Taskforce for Regional Auto Theft Prevention (TRAP), hosted and operated by the Los Angeles County Sheriff’s Department. TRAP has received funding to expand the Taskforce by 20 officers and the Azusa Police Department was invited to participate. To participate in the Taskforce, the City must provide one (1) full time officer and in exchange, TRAP will provide funding to cover all costs associated with participation; including salary, benefits and overtime for the employee and a vehicle and vehicle maintenance. The agreement requires a three (3) year commitment by the City The partnership will assist the Police Department in addressing auto theft in the City, provide training for officers, assist in surveillance and provide for the loaning of specialized equipment to combat auto theft. This action approves a three year Memorandum of Understanding (MOU) agreement between the Taskforce for Regional Auto Theft Prevention (TRAP) and the City, assigning an officer to the Taskforce. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Approve the attached three (3) year Memorandum of Understanding (MOU) agreement between the Taskforce for Regional Auto Theft Prevention (TRAP) and the City, assigning an officer to the Taskforce. 2) Authorize the City Manager to execute, in a form acceptable to the City Attorney, the MOU on behalf of the City. APPROVED COUNCIL MEETING 7/18/2016 MOU for Taskforce for Regional Auto Theft Prevention July 18, 2016 Page 2 DISCUSSION: With the significant increase in vehicle thefts becoming a major concern in the City, the Police Department began looking for innovative ways to address the problem. At the same time, the Department was contacted by Los Angeles County Sheriff’s Department, Lieutenant Jeff Enfield, who is the supervisor for Auto Task Force for Regional Auto Theft Prevention (TRAP). Lt. Enfield extended an invitation to our agency to join the program as part of its expansion to add 20 additional local officers to the task force. The funding for the program is received as part of a California Department of Motor Vehicle Assessment Fee with no sunset clause. The City will be reimbursed for its participation, which covers the assigned officer’s salary, benefits and overtime. The assigned officer will also be provided a take home car by TRAP and all vehicle maintenance costs are covered by TRAP. Participating in TRAP will allow the Department access to a trained and equipped unit with special skills to help reduce the City’s auto theft rate. The City would be able to utilize the services of the unit to target specific areas of concern within the City relating to auto theft at no cost. Over 15 years ago, the Azusa Police Department previously participated in TRAP; however, staffing levels did not allow for the City to continue participating. The current staffing levels in the Police Department allow for participation in the Taskforce. The current program has the following agencies participating at the present time; LAPD, CHP, Department of Motor Vehicles, Department of Insurance, Long Beach PD, El Monte PD and the National Insurance Crime Bureau. FISCAL IMPACT: The General Fund budget will realize a net savings due to payment by TRAP for the assigned officer’s salary, benefits and overtime while assigned to the Taskforce. The cost of the one full time police officer and related vehicle expenses are already included in the Police Department’s FY2016-2017 budget. Once the contract is fully executed, the Police Department staff will request the reimbursement of the salary, benefits, overtime, vehicle, and vehicle maintenance costs from the Los Angeles County Sheriff’s Department (LACSD). The reimbursement funds from the LACSD will be deposit to the Police Department’s revenues to offset the operating costs. Prepared by: Fiscal Impact Reviewed by: Stephan E. Hunt Talika M. Johnson Acting Chief of Police Director of Finance Reviewed by: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) Memorandum of Understanding between TRAP and the City MEMORANDUM OF UNDERSTANDING TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION TRAP M.O.U. Azusa Police Department 2 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 (C.A.O.), in conjunction with the Countywide Criminal Justice Coordination Committee (C.C.J.C.C.) has developed a consolidated vehicle theft curtailment program to integrate resources against vehicle theft. On October 11, 2009, Assembly Bill 286 was passed and signed into law. This bill extends the provisions of Vehicle Code Section 9250.14 until January 1, 2018. 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" (T.R.A.P.). M.O.U. Azusa Police Department 3 ARTICLE 3: MISSION STATEMENT The mission of the "Taskforce for Regional Autotheft Prevention" (T.R.A.P.) 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. 3.1: T.R.A.P. 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: T.R.A.P. 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: T.R.A.P. will provide training and expertise for participating agencies throughout Los Angeles County. 3.4: T.R.A.P. 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, (C.C.J.C.C.), through its Executive Steering Committee, will act as the Board of Advisors for T.R.A.P. and will be responsible for advising the Los Angeles County Sheriff on policy and overall strategy for the Program. M.O.U. Azusa Police Department 4 ARTICLE 5: THE REGIONAL COORDINATOR The Sheriff shall administer the policy, procedures and affairs of T.R.A.P., subject to the recommendations of the C.A.O. and the C.C.J.C.C., 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 T.R.A.P., 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. 5.5: The Project Director shall prepare and submit to the Sheriff and the C.C.J.C.C. Executive Steering Committee in time for revision and adoption by it, prior to July 1st of each fiscal year, the annual budget of T.R.A.P. 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 C.C.J.C.C. Executive Steering Committee, and shall be of senior law enforcement management rank that will provide a wide range of operational authority to T.R.A.P. 6.1: The Project Director is responsible for planning, staffing, directing, organizing, coordinating, budgeting, auditing, and reporting all tasks, functions, and resources of T.R.A.P. M.O.U. Azusa Police Department 5 ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING The M.O.U. may only be amended upon recommendation by the Sheriff, following consultation with, and agreement by, the C.C.J.C.C. Executive Steering Committee and the C.A.O. All participants will be notified immediately of any proposed changes to this M.O.U. ARTICLE 8: PARTICIPANTS T.R.A.P. will be comprised of law enforcement personnel from Los Angeles County including Police Officers, Sheriff’s Deputies, C.H.P. Investigators, and Prosecutors and may include, in a non-reimbursed capacity, agents from the F.B.I., 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 T.R.A.P. 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. ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED T.R.A.P., 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 T.R.A.P. It is agreed that the assets seized by T.R.A.P. will be used to enhance future T.R.A.P. operations. Individual seizures in excess of $1,000,000 shall be reviewed by the C.C.J.C.C. 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. M.O.U. Azusa Police Department 6 10.1a The formula for distribution will be 33% for L.A.S.D., 33% for L.A.P.D., 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 T.R.A.P. Program Operating Fund upon approval by the C.C.J.C.C. 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, 2018, 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 the dissolvement of T.R.A.P., any assets acquired by T.R.A.P. 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 Sheriff's Department, 33%. 12.2: Los Angeles Police Department, 33%. 12.3: Other Participating Agencies, 33%. 12.4: Operation and maintenance of the Auto Theft Information Network (A.T.I.N.), shall remain with the Los Angeles County Sheriff's Department. M.O.U. Azusa Police Department 7 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 T.R.A.P. 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 T.R.A.P. program including the Auto Theft Information Network (A.T.I.N.). 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 two investigative teams as follows: 2.2a South Team 2.2b West 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 two investigative teams as follows: M.O.U. Azusa Police Department 8 2.3a North Team 2.3b San Gabriel Valley 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 L.A.S.D. and one L.A.P.D., 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 T.R.A.P. 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. M.O.U. Azusa Police Department 9 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. ARTICLE 4: PERSONNEL SELECTION Participating agencies shall nominate experienced investigators and qualified investigative trainees for assignment to T.R.A.P. 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 T.R.A.P. 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. M.O.U. Azusa Police Department 10 ARTICLE 5: PROSECUTORIAL SUPPORT At the inception of T.R.A.P., a Deputy District Attorney will be assigned to advise, assist, and coordinate prosecutorial activity. These positions will be fully reimbursed by the Program. T.R.A.P. 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. 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 T.R.A.P. If T.R.A.P. assistance is provided and T.R.A.P. becomes extensively involved in an ongoing investigation, T.R.A.P. may elect, by mutual agreement, to become the primary investigative unit on the case. 6.2: Proactive enforcement will be the primary activity of T.R.A.P. 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 (A.T.I.N.) T.R.A.P. 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. M.O.U. Azusa Police Department 11 ARTICLE 8: CRIME PREVENTION T.R.A.P. 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. M.O.U. Azusa Police Department 12 PART III ADMINISTRATIVE GUIDELINES ARTICLE 1: POLICY All members of T.R.A.P. 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 T.R.A.P. 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 T.R.A.P., 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.T.I.N. system. 2.1: Report forms used to document case activities will be those employed by the Los Angeles County Sheriff’s Department. 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: T.R.A.P. 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 T.R.A.P. investigation, or because it is legally privileged. M.O.U. Azusa Police Department 13 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. 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 C.C.J.C.C. 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 T.R.A.P. 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 T.R.A.P. 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 T.R.A.P. materials are prepared specifically for the members of the C.C.J.C.C. 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 T.R.A.P. will be directed to the appropriate Area Lieutenant for immediate assignment and preliminary fact finding. M.O.U. Azusa Police Department 14 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 taskforce assignments. The parent agency evaluation form will be used. 6.3: On-Duty Traffic Collisions 6.3a Non-Injury If a T.R.A.P. 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 policing agency where the incident occurred. Appropriate reports will be completed in compliance with legal requirements and parent agency policy. 6.3b Injury or Death If a T.R.A.P. 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 C.C.J.C.C. Executive Steering Committee 2. A supervisor from the involved officer’s parent agency. M.O.U. Azusa Police Department 15 3. A supervisor from the policing agency where 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 T.R.A.P. 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 T.R.A.P. will supply a supervisor with medical emergency notification information that will be maintained at the respective team office and T.R.A.P. Headquarters office. 6.5: Use of Force incidents will be reported as required by parent agency guidelines. 6.5a Officer involved shooting incidents 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 C.C.J.C.C. 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 L.A.S.D. Homicide Bureau. 5. The L.A.P.D. Robbery Homicide Officer Involved Shooting Team for L.A.P.D. involved cases. 6.5b I 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. M.O.U. Azusa Police Department 16 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 T.R.A.P. 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 T.R.A.P. officers must be approved by the concerned parent agency. T.R.A.P. 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 T.R.A.P., 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. 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. T.R.A.P. will schedule additional training consistent with T.R.A.P.'s stated mission and goals. M.O.U. Azusa Police Department 17 PART IV FISCAL GUIDELINES ARTICLE 1: SOURCE OF FUNDING Revenue for T.R.A.P. as outlined in the following sections from Vehicle Code Section 9250.14, (AB 286): 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller. (2) In addition to the one dollar ($1) service fee, and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2). (b) Notwithstanding Section 13340 of the Government Code, the money paid to the Controller is continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county. (c) Except as otherwise provided in this subdivision, money allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the money shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes. 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. M.O.U. Azusa Police Department 18 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 C.H.P. salary, benefits and equipment (one per team) 3.1c Support staff equipment procurement 3.1d The creation of an Auto Theft Information Network (A.T.I.N. ), centralized computerized system. 3.2: Participating agencies agree to assign personnel to T.R.A.P. All personnel assigned to T.R.A.P. 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 will be reimbursed to participating agencies at the following funding/staffing levels: 3.2a Los Angeles County Sheriff's 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. M.O.U. Azusa Police Department 19 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: T.R.A.P. 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 of the Project Director. 3.6: The administrative and support funding levels may be adjusted by the Sheriff, upon recommendation of the Project Director, the C.C.J.C.C. Executive Steering Committee, and the C.A.O. 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 T.R.A.P. may charge expenditures as necessary in the performance of the duties of the Program. Special funds expenditures are those authorized expenditures by T.R.A.P. personnel incurred while working undercover or on 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. 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. M.O.U. Azusa Police Department 20 ARTICLE 6: CREDIT CARDS The Project Director may apply for, receive, and authorize the use of credit cards for the sole purpose of conducting T.R.A.P. business. ARTICLE 7: FUND ADMINISTRATION The fund will be administered by the Los Angeles County Sheriff's Fiscal Services Office. 7.1: Day to day fiscal management, accounting, and record keeping will be done by the Sheriff's 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 T.R.A.P. 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 T.R.A.P. 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 T.R.A.P. must have the prior approval of the Project Director. Approved expenses will be forwarded to and paid by the Los Angeles County Sheriff's Fiscal Services Office. M.O.U. Azusa Police Department 21 THIS AGREEMENT, made and entered into this __________ day of__________, 2016, by and between the City of Azusa Police Department, hereafter called Azusa P.D. and the Taskforce for Regional Autotheft Prevention, hereinafter called T.R.A.P. T.R.A.P. will reimburse the Azusa P.D. 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, T.R.A.P. and the Azusa P.D. do hereby agree as follows: 1. Azusa P.D. agrees to assign one (1) Investigator to T.R.A.P. 1. The Azusa P.D. Contact Coordinator will be __________________. 2. Should the Azusa P.D. 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. 3. This agreement may be amended by written mutual consent of both parties hereto. 4. The Azusa P.D. agrees to invoice T.R.A.P. on a monthly or quarterly basis. The Azusa P.D., Accounting Section, will send all invoices to: T.R.A.P. 9040 Telstar, Suite 115 El Monte, CA 91731 5. In the event of unforeseen circumstances or disaster, this agreement may be cancelled by either party without notice. M.O.U. Azusa Police Department 22 CITY OF AZUSA COUNTY OF LOS ANGELES Police Department Sheriff’s Department ___________________________ ___________________________ STEPHAN E. HUNT JIM MCDONNELL ACTING CHIEF OF POLICE SHERIFF Date:_______________________ Date:______________________ APPROVED AS TO FORM County of Los Angeles Office of the County Counsel Sheriff’s Department 211 West Temple Street Los Angeles, CA 90012 ____________ Principal County Counsel