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HomeMy WebLinkAboutORANGE COUNTY AUTO THEFT TASK FORCE (OCATT)N-2024-121 o eoc MAR 2 8 NZ4 FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ORANGE COUNTY AUTO THEFT TASK FORCE January 2023 WHEREAS, the Task Force Executive Committee has agreed to amend the existing Orange County Auto Theft Task Force's Memorandum of Agreement (MOA). This Amendment is effective on February 29, 2024 and incorporates the following changes: Section III -TASK FORCE ORGANIZATION. I. Santa Ana Police Department The Santa Ana Police Department (CMPD) will assign one full-time detective/investigator to the task force. The Parties to this MOA agree that all salary, benefits, and overtime for this member shall be paid for by the task force fund. Refer to Section IV. D., Overtime, for additional information and requirements. Additionally, the task force will provide the detective/investigator a task force vehicle. In the event the SAPID provides the assigned detective/investigator with a vehicle, the task force shall provide a gasoline credit card. The undersigned state they represent and have the authority to sign and execute the Amendment on behalf of their respective agency and as a Member of the Executive Committee for the Orange County Auto Theft Task Force (OCATT) and concur with the First Amendment to the January 2023 OCATT MOA. Chief, Brea Police Department is Highway Patrol of Motor Vehicles 111 Date Date -4 v Date 3./8.2y Chief, Co esa Police Department Date 3-///-zy Chief, La Habra Police Department Date —< 2A � t, . Llk-7 1 -1 (A --L Chief, Orange County District Attorney's Office Date Sheriff, Orange untyShe ff Dep rtment Date Chief, Seal Beach Police Depart t Date Chief, Los Alamitos Police Department Date 3 /1 q 12-q Chief, Westminster Police Department Date [See attached signature page 31 _ Chief, Santa Ana Police Department Date CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CNNIFER I.. 1-1, LL Cit APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney i By:� l - TAM ARA BOCOSIAN Senior Assistant City Attorney CITY OF SANTA ANA ` I1OIMAS R. II XC-11-- Interim City Manager RECOMMENDED FOR APPROVAL: yljv_�4— ROBERT RODRIGUEZ Acting Chief or Police MEMORANDUM OF AGREEMENT ORANGE COUNTY AUTO THEFT TASK FORCE Updated January 2023 This Memorandum of Agreement ("M.O.A.') is made and entered into as of January 1, 2023, which date is stated for purposes of reference only, by and between the following parties: City of Brea, California; California Highway Patrol; California Department of Motor Vehicles; City of Costa Mesa, California; City of La Habra, California; City of Los Alamitos, California; City of Seal Beach, California; City of Westminster, California; 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." - 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 time of registration renewal to enhance the capacity of local law enforcement and 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 767 amended Vehicle Code Section 9250.14 to eliminate the repeal date 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 indefinitely. Pursuant Assembly Bill 767, the Orange County Board of Supervisors passed a resolution to increase the vehicle registration fee from $1.00 to $2.00 and from $2.00 to $4.00 for commercial vehicle registrations. Page 1 of 12 Vehicle theft is the most costly property crime in the United States. Auto theft results in monetary losses to victims and affects auto insurance costs for the driving public. II. MISSION To reduce the incidence of vehicle theft and increase the apprehension of the professional vehicle thief. A. Objectives 1. Interface with the Regional Narcotics Suppression Program (RNSP), Orange County Gang Task Force, California Highway Patrol (CHP) Investigative Services Unit, Department of Motor Vehicles (DMV), Department of Justice (DOJ), and all agencies within Orange County for the sharing of intelligence related to vehicle theft. 2. Increase the arrests of vehicle theft suspects, particularly the professional thieves participating in stripping, renumbering for resale, exportation, carjacking and fraud. 3. Identify locations supporting vehicle theft offenses and take the appropriate enforcement action. These locations may include legitimate businesses (repair/body shops and dismantlers) used for illegal activities and sites of "chop shop" operations. 4. Identify local trends and/or patterns of vehicle theft activities targeted by task force investigators. 5. Increase the recovery rate of stolen vehicles in Orange County. 6. Provide a fundamental, vehicle theft investigation repository of vehicle theft expertise, support, coordination and functional database. 7. Provide a forum for public awareness of vehicle theft prevention. This will be accomplished through coordination with local media to expose the vehicle theft program and encourage public participation, while discouraging potential vehicle thieves. Page 2 of 12 Ill. TASK FORCE ORGANIZATION OCATT, having already been formed by participating law enforcement agencies, is organized as follows: A. Executive Committee The Executive Committee shall act as the Board of Directors of the Orange County Auto Theft Task Force and direct the affairs of such. The Executive Committee shall be comprised of members from the participating law enforcement agencies. The composition of the Executive Committee may be adjusted with a majority vote of the existing Committee members. Members of the Executive Committee should meet as needed, to review task force 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 Executive Committee. Quorum voting of the Executive Committee shall be by majority vote and by Committee members only. Board vacancies shall be filled by majority vote of the Executive Committee. B. Task Force Coordinator A California Highway Patrol Lieutenant will staff the Coordinator's position and serve as the task force commander. The coordinator will be responsible 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 to this M.O.A. agree that the coordinator's salary and benefits will not be reimbursed by the task force fund. C. Supervision The task force will be comprised of two investigative teams assigned by the task force coordinator, dictated by vehicle theft trends and demographics. Supervision of the investigative teams will be the responsibility of the sergeant, a working member of the team. Selection of task force supervisors will be based upon level of expertise, previous performance and availability. Selection of the supervisors will be from a qualified pool of candidates provided by participating agencies. The selection shall be the responsibility of the task force coordinator with concurrence of the Executive Committee. The Page 3 of 12 Parties to this M.O.A. agree that salaries and benefits associated with supervisory positions will be reimbursed by the task force fund. D. Prosecution Staff The District Attorney's Office will assign up to two prosecutors and two investigators to work alongside task force members. The prosecutors will provide legal review and file task force cases warranting criminal complaints. All task force cases will be vertically prosecuted. The District Attorney's investigator(s) will act as liaison between task force members and prosecutors and participate in investigations and the filing of criminal cases. The Parties to this M.OA. agree that salaries and benefits for these positions will be reimbursed by the task force fund. E. Investigators The task force shall be staffed by qualified detectives/investigators. Assignment to the task force shall be for a minimum of three years. Due to the sensitive nature of the position, personnel recommended for assignment will be subject to selection interviews by the coordinator and supervisors. Consideration for assignment is based on previous performance, investigative experience and ability to work well with others in a covert and close environment. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force assignment. Should the task force coordinator have cause to remove a member, he/she shall discuss the issue with the participating agency. If the participating agency does not concur with the task force coordinator'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 M.O.A. agree that salaries and benefits associated with these detectives/investigators will be reimbursed from the task force fund. Page 4 of 12 F. Administrative Support Staff The Office of the District Attorney will provide up to two Attorney'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 the District Attorney to handle all aspects of accounting; budgeting; purchasing; financial reporting including receipt, disbursement and reconciliation of task force fund. This position will be responsible for providing a quarterly and/or annual accounting of the fund. The Parties to this M.O.A. agree that the salaries and benefits for these three positions will be reimbursed by the task force fund. G. Department of Motor Vehicles (DMV) Investigator The Department of Motor Vehicles, Investigations Division, will assign one (1) full-time investigator to the task force to assist with, but not limited to, records information including vehicle backgrounds, fraudulent identification (vehicles/persons), identification of suspects, document analysis, etc. The Parties to this M.O.A. agree that the investigator's salaries and benefits will not be reimbursed by the task force fund. Further, the Parties to this M.O.A. agree that overtime expenses for the investigator will be reimbursed by the task force fund. Refer to Section IV.D, Overtime, for further requirements. The task force will supply general support items such as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. H. California Highway Patrol The Department of California Highway Patrol (CHP) will assign two (2) full- time officers to work as investigators to the task force. The Parties to this M.OA. agree that all salaries and benefits accrued by these investigators will be paid by the Department of California Highway Patrol and will not be reimbursed by the task force fund. Further, the parties to this M.O.A. agree that overtime expenses for these investigators will be reimbursed to the Department of California Highway Patrol by the task force fund up to the maximum amount agreed upon in the Standard Agreement (STD 213) between the task force and CHIP. Refer to Section IV.D, Overtime, for further requirements. The task force will supply Page 5 of 12 general support items such as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. IV. FISCAL PROCEDURES A. Salaries and Benefits The task force coordinator, participating investigators from the Department of Motor Vehicles and the California Highway Patrol, will not be reimbursed for salaries and benefits. The salaries, benefits and overtime of all remaining task force participants will be reimbursed to the participating agencies by the task force fund. The personnel assigned to the task force will be paid by their respective agencies. It shall be the responsibility of the coordinator to institute a system of checks and balances, whereby, the hours of each participant will be authorized and audited for accuracy. This information will be reported to the participating agencies' time analyst, with a copy to the task force accounting staff. The task force coordinator will retain a copy of this record. Members assigned to the task force whose salaries and benefits are reimbursed by the task force fund 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 for Reimbursement Participating agencies may request reimbursement for task force members' regular salaries, benefits and overtime. Reimbursement will be based on actual hours of program participation. Overtime expense will be reimbursed using task force member's overtime pay rate at the time the overtime hours worked regardless of these hours being paid in cash or converted 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 OCATT duties, i.e. riot training, bomb squad, scuba Page 6 of 12 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 document to the participating agencies for claim purposes. Payment of submitted claims will be processed within 90 days of receipt of invoice in a format acceptable 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 pro rata, share basis. In no event will general revenues of the County be used to offset any shortage. Claims for reimbursement of travel, per diem, lodging, materials, or services necessary to perform task force activities shall be submitted on an approved claim form specific to task force operations. All claims are subject to approval by the task force coordinator and the County of Orange policies and procedures. Upon approval, the coordinator shall forward the reimbursement claims to the task force accounting staff for payment processing within 90 days of receipt of claims. C. Right to Audit Each party to this agreement shall make available to the county, at all reasonable times, their financial records relating to this agreement. The County or independent auditor may audit such records and, should the County determine ineligible costs have been reimbursed, the agency shall immediately repay that amount deemed ineligible. If not repaid within 30 days, the County may withhold the amount deemed ineligible from future reimbursements. The parties shall maintain the original copies of the required records for a period of three years after the date the expense is reimbursed. D. Overtime The Executive Committee may approve a'hot to exceed" monthly allocation of overtime to be utilized by the task force. Monthly amounts exceeding this allocation will require written justification by the task force coordinator for approval of the Executive Committee. Page 7 of 12 E. Indirect Costs The County of Orange, through the Office of the District Attorney, receives and is the financial administrator for all source funds for the Orange County Auto Theft Task Force. As such, a significant amount of management time will be consumed for the administration of funds and expenditures 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, in order to facilitate task force operations, shall establish a special appropriation fund. These funds shall be used only as necessary, in the performance of duties relating to task force activities. Use 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 through 29407. Authorization to use these funds will be determined by the Executive Committee through its Chairperson. V. LIABILITY Each participating agency involved in the task force shall have full financial responsibility for their respective investigators assigned to the task force, including vehicle accidents and industrial injury claims. Additionally, the agency shall be responsible for any and all workers' compensation claims of their respective detective/investigator, in the event of injury during the course and scope of duties while assigned to the task force. The County, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence of participating agencies, officers or employees, and participating agencies shall hold the County, its officers and employees harmless from claims and damages resulting there from. Participating agencies and the County shall hold each other harmless from the liability for acts or omissions of the other. Each Party to this agreement agrees to defend, indemnify, and hold harmless the other Parties to this agreement, in regard to liability imposed on the agreeing Parties, due to acts or omissions of another Party's assigned employees. Page 8 of 12 VI. OPERATIONAL LOCATION Appropriate space will be leased to house task force participants and equipment. The lease will be paid from the task force fund. The task force office will be centrally located within Orange County. Location will be selected by the task force coordinator in conjunction with County of Orange County Executive Office, and approved by the Executive Committee. VII. EQUIPMENT The task force coordinator will be responsible for coordinating the use of and tracking the equipment assigned to the task force 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, participating agencies agree to provide this equipment. In the event the task force purchases, rents, or leases vehicles for use by task force members; those vehicles will be placed under the County of Orange's self -insured liability policy. However, any losses, including traffic collisions, thefts, etc., that occur while the vehicle is under the control of a task force member, shall fall under the liability of the member's home agency, and that home agency shall defend, indemnify and hold harmless the other members, including the County, as detailed in section V of this Memorandum of Agreement. Maintenance of vehicles provided by the task force will be paid for by the task force fund. Each member of the task force will be issued a gasoline card, which shall be used to purchase gasoline and two car washes per month for their assigned OCATT vehicle. Members shall submit the receipts monthly to the coordinator who will review, approve and forward them to the District Attorney Fiscal Services for payment processing. B. Communications Equipment Hand held mini -radios and cellular telephones will be acquired in cooperation with the County of Orange County Executive Office and paid for by the task force fund. The coordinator, each supervisor, and each detective/investigator Page 9 of 12 will be provided this equipment. Procedures are in place to ensure proper use and accountability of this equipment. C.Additional Equipment Additional equipment including surveillance equipment, office equipment, computers, hand tools, binoculars, video cameras, etc. will be purchased by the task force fund and provided to members from task force inventory. Situations requiring air support, unique vehicles, or covert assets, will require cooperative scheduling and assistance from participating agencies. VIII. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential. This may require detectives/investigators to possess undercover driver's licenses, and/or other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agencies. Detectives/investigators will be expected to bring covert documents with them at the time of assignment. IX. ASSET SHARING Task force operations, which result in the potential for either State or Federal asset seizures, shall be brought to the attention of the Executive Committee. The Committee will assess whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Any forfeited funds paid to the task force shall be retained by the task force to pay for operational expenses. /:1 A. The task force coordinator will be responsible for implementing a reporting system, which tracks team activities, statistics, and accomplishments of task force operations. This reporting system will serve as the basis for quarterly reports to the Executive Committee and ensure accountability of resources, personnel and equipment. B. The coordinator will submit an operational report to the Executive Page 10 of 12 Committee on an annual basis. C. The annual report will be provided to the County Board of Supervisors, with copies to each participating City Council. X. PERMIT -REQUIRED CONFINED SPACES Pursuant to California Code of regulations, Title 8 (industrial Relations), Section 5157. The local agency having investigative authority will be used for all incidents involving Permit -Required Confined Spaces (i.e. clandestine labs). XI. AMENDMENTS TO THE M.O.A. The Parties may amend any portion of this M.O.A., as long as such amendments are done in writing and do not materially alter the obligations of the Parties hereunder. XII. TERM OF AGREEMENT This agreement shall commence on January 1, 2023, and remain in effect until the close of business, January 1, 2028, as set forth in Vehicle Code Section 9250.14 amended by Assembly Bill 767. Participating agencies may elect to terminate the agreement prior to its designated termination date. Any Agency desiring to terminate its participation in this agreement shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. XIII. SIGNATURES The undersigned state they represent and have the authority to execute this agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the Orange County Auto Theft Task Force, as set forth in this agreement and for the period and purposes as stated herein. Chair, Board of Supervisors — County of Orange Date Page 11 of 12 Chief, Brea Police Department Chief, California Highway Patrol Date Date Chief, California Department of Motor Vehicles Date Chief, Costa Mesa Police Department Chief, La Habra Police Department Chief, Los Alamitos Police Department Date Date Date Chief, Orange County District Attorney's Office Date Sheriff, Orange County Sheriff's Department Date Chief, Seal Beach Police Department Chief, Westminster Police Department Date Date Page 12 of 12