HomeMy WebLinkAboutAgreement A-23-033 with CHP DMV and Clovis Police Department.pdf Agreement No. 23-033
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FRESNO HELP ELIMINATE AUTO THEFT (HEAT)
MEMORANDUM OF UNDERSTANDING
Effective: July 1, 2022
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I. OVERVIEW
A. Vehicle theft continues to be a serious problem facing the residents of
Fresno County. Victims of vehicle theft suffer financial harm and
emotional distress from the loss of what many times is the only means of
transportation for an entire family. The average victim in Fresno County I
can only afford liability only insurance on their older model vehicles. If a
victim is fortunate enough to have his/her vehicle recovered by law
enforcement the resulting tow fees and repair costs can be prohibitive for F
recovering the vehicle.
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Criminals often utilize stolen vehicles to commit secondary crimes such as
residential burglary, agricultural crime,mail theft, identity theft, narcotics
trafficking, and robbery, Other criminals strip stolen vehicles of their
valuable components and sell them on the black market then cut the vehicle
carcass into small pieces and dispose of the materials at local metal
processing facilities. The professional vehicle thief conceals the identity of a
stolen vehicle through VIN swapping,title washing, cloning, or other means,
and then sells the vehicle to an unsuspecting buyer. Once the vehicle is
located and recovered, the innocent purchaser becomes the second victim of
vehicle theft and loses the purchase price of the vehicle.
Vehicle theft is a clandestine and transient crime that knows no
jurisdiction. The vast majority of vehicle theft occurs in densely populated
areas. However, vehicle thieves and chop shops are located countywide.
Chop shops have been located as close as one block from a Fresno Police
Department substation and as isolated as rural Fresno County near Cantua i
Creek. I 1
A multi-agency law enforcement partnership that proactively identifies,
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investigates,and arrests vehicle thieves, wherever they are operating,has been
a proven and effective z eethod for successfully reducing incidents of vehicle
theft. Vehicle theft, like other crimes, will never be completely extinguished.
However, it is law enforcement's responsibility to ensure this illegal and
destructive crime is not allowed to flourish in our community.
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B, This document serves as a Memorandum of Understanding (MOU)and is
entered into by the participating agencies to provide the legal basis for the
continued establishment of Fresno Delp Eliminate Auto Theft, and to serve
as a formal cooperative agreement rather than a separate public entity as
defined in Government Code Sections 6500 through 6565.
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II. MISSION
A. The mission of Fresno HEAT is to reduce the incidents of auto theft within
Fresno County through proactive, sustained,and strategic implementation I
of known and accepted methods of vehicle theft enforcement and
investigation. j
B. Strategic Objectives
1. Proactively identify, investigate, and arrest persons actively
committing vehicle theft related criminal offenses;
2. Locate and recover stolen vehicles and vehicle component parts;
3. Conduct business inspections pursuant to CVC §2805;
4, Conduct parole and probation searches;
5. Disseminate vehicle theft related information to law enforcement;
G. Participate in proactive inter jurisdictional vehicle theft
enforcement operations with vehicle theft task forces in Tulare
County, Kern County,Kings County and Stanislaus County,to
address inter jurisdictional vehicle theft related crime patterns and
trends affecting the Central Valley,
7. Conduct undercover operations when warranted, with the specific
intent of investigating vehicle theft related offenses;
8. Increase public awareness of vehicle theft related efforts through social
media, written news releases, and cooperative efforts with Central
Division's.Public Information Officers.
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M. TASK FORCE ORGANIZATION
A. Fresno HEAT Executive Committee
The Executive Committee shall act as the Board of Directors and govern the
affairs of Fresno HEAT, The Executive Committee shall be comprised of
the Chief Executive Officer,or his/her designee, from each participating
agency. The Executive Committee will meet on an as-needed basis,on a
date agreeable by a quorum of the committee,to review task force operations
and provide oversight. Each committee member has one vote for any
changes to HEAT operations.
B. Fresno HEAT Commander
- - A uniformed employee with the California Highway Patrol,holding the rank
of Lieutenant, will serve as the Fresno HEAT Commander. The Fresno
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HEAT Commander will be responsible for the management of the task force
and will be directly accountable to the Executive Committee for task force
operations. The Fresno HEAT Commander will determine and dedicate the
time necessary to effectively manage task force operations.
The Fresno HEAT Commander will provide the Executive Committee with
operational reports of task force activities. Additionally,the Fresno HEAT
Commander will provide quarterly reports of task force activities to each
participating agency, All personnel assigned to the task force shall work
under the immediate supervision and direction of the Fresno HEAT
Commander and shall adhere to the written policies and procedures of the task
force, along with policies and procedures of their respective agencies.
C. Fresno HEAT Supervisor
A uniformed employee with the California Highway Patrol, holding the rank
of Sergeant, will supervise Fresno HEAT. The supervisor will report
directly to the Fresno HEAT Commander and be responsible for the daily
supervision of task force personnel. The supervisor shall collect statistics
and submit a monthly report of task force activities to the Fresno HEAT y
Commander.
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D. Task Force Personnel f
Fresno HEAT shall be staffed by personnel referred by participating agencies,
upon approval and concurrence from the Fresno HEAT Commander. Due to
the critical nature of the operation, agency representatives/personnel interested
in joining Fresno HEAT shall be interviewed by the Fresno HEAT Supervisor,
prior to selection and/or appointment. The Fresno HEAT Commander shall
make the final decision regarding the appointment of any and all personnel
assigned to Fresno HEAT,
Consideration for task force placement shall be based on past superior job
performance, investigative aptitude, officer safety, and the ability to work well
with others in a close,team--oriented environment.
Assignment to Fresno HEAT should normally be for a minimum of two years
and may be extended by mutual agreement to a maximum of five years. Any
extensions will be agreed upon by the HEAT Commander and the employing
agency.
Personnel not meeting an acceptable level of performance or standards, failing
to comply with task force policy, procedure, and/or supervision may be
removed from the task force and returned back to their parent agency by the
Fresno HEAT Commander. 1
If the Fresno HEAT Commander desires to remove a task force member,
helshe may discuss the issue with the employing agency. If the employing
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agency does not concur with the decision of the Fresno HEAT Commander,
the issue may be forwarded to the Executive Committee. In the event of a
disagreement on a decision before the Executive Committee, the California
Highway Patrol Central Division Commander will make the final decision.
Attempting to resolve operational and personnel issues at the lowest possible
level is recommended. However, a single significant act or incident of
insubordination, flagrant violation of the SOP/MOU, or untruthfulness may be
cause for immediate removal by the Fresno HEAT Commander. [
All Fresno HEAT personnel,regardless of rank, shall be familiar with and
adhere to California Highway Patrol General Order 0.8,Professional
Values(Exhibit A).
IV, FISCAL PROCEDURES
Each task force member's salary,benefits, overtime, and travel {
expenscs/reimbursements shall be borne by the task force member's employing
agency. Scheduling of task force members shall be set by the Fresno HEAT i
Supervisor in accordance with the overtime policies of the member's employing [
agency. All terms and conditions of each task force member's labor contract
shall be in full effect,and shall be abided by, even though the employee is
assigned to the task force.
The Fresno County Sheriffs Office shall disperse Vehicle Code Section
9250.14 funds in accordance with "Exhibit B"to offset overtime and training
cost to the employees of the California Highway Patrol that are assigned to
participate in the HEAT Task Force. These funds will be dispersed pursuant to
the terms of the MOU,the program description and budget, as well as
applicable laws, regulations and policies. The dollar amounts listed in "Exhibit
B"can be renegotiated annually during the length of this MOU.
Any such transfer of funds between the Fresno County Sheriffs Office and the
California Highway Patrol shall be in furtherance of the MOU and the HEAT
program. The California Highway Patrol shall submit requests for
reimbursement for training expenditures and overtime of its law enforcement
personnel to the Task Force Commander. If the request for reimbursement does j
not follow rules and regulations or there are not sufficient remaining grant funds !
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to make the reimbursement, the Fresno County Sheriffs Office will not make
reimbursement and the burden of the cost will be at the expense of the
California Highway Patrol.
HEAT will not participate in asset forfeiture procedures. No assets will be seized 1
by any member of HEAT. If HEAT encounters an incident where assets may be
seized,the agency with primary jurisdiction shall be called and the case will be
turned over to the respective agency or countywide task force.
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Proceeds derived from asset forfeiture as a result of HEAT operations,whether
under state or federal law,will be shared among participating member agencies as
,set forth herein. All forfeiture procedures and sharing will comply with the
appropriate provisions of state and federal law,as well as the policies of the
member agencies. Any modification to the asset forfeiture provisions of this MOU
must be set forth in writing and approved by the Executive Committee. The E
Executive Committee will set the criteria for asset forfeiture. The forum in which
the forfeiture will occur will be chosen by the Task Force Commander and
managing agency;with the advice of the seizing member agency.
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V. LIABILITY
Personnel assigned to HEAT shall be deemed to be continuing under the
employment of their respective jurisdictions and shall have the same powers,
duties,privileges,responsibilities and immunities as are conferred upon them as
peace officers in their own jurisdictions.
Each participating agency shall be responsible for the acts of its respective
members, as well as for any losses, damages, claims, demands, vehicle accidents '
or other liabilities arising out of that member's services and activities while
participating in the task force. When a member drives a vehicle owned by
another agency,the driver's agency assumes all liability associated with the
operation of such vehicle except for the vehicle's mechanical condition, Each ' r
participating agency shall also be liable for any and all worker's compensation
benefits for their personnel injured in the course and scope of duty while assigned j
to the task force.
Each party shall assume the responsibility and liability of the acts and omissions
of its own elected representatives,officers, agents, volunteers, or employees in
connection with the performance of their official duties under this MOU. For tort
liability purposes, a participating agency shall be liable (if at all)only for the torts
of its own personnel that occur within the scope of their official duties.
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It is the intent of the parties, where negligence is determined to have been
contributory,principles of comparative negligence will be followed and each
party shall bear the proportionate cost of any loss, damage, expense, and liability
attributable to the parry's negligence.
Each participating agency,as it may legally do so, agrees to defend, indemnif
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and hold harmless all other participating agencies, their officers, agents and i
employees from and against any and all claims and demands resulting from their
member's negligence in connection with acts or omissions related to this
assignment.
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VI. FACILITIES AND OPERATIONS
A. Office Space
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The California Highway Patrol,at its own expense,will continue to provide office
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space at its current location. if the space becomes unavailable or the needs of the
task force change, other locations may be considered.
B. Office Equipment j
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The California Highway Patrol will continue to furnish the following necessary j
office equipment;
1. Chairs,tables,and desks
2. One fax machine with a dedicated telephone line
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3. One copier machine
4. One secure safe for weapon storage
5. Lockers for office supply storage
6. Hard-line office telephone system
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C. Computer Terminals f
Departmental computer systems and maintenance of such systems will be provided
for each member of the task force by his/her employing agency.
D. Supplemental Resources
Additional contributions to HEAT from involved agencies will be negotiated as i
necessary and will be based on resources and funding available to the agency. s
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E. Vehicles
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Participating agencies will provide a vehicle to their assigned personnel,preferably ;
an unmarked/undercover vehicle. Vehicles obtained through the National f
Insurance Crime Bureau and maintained by participating agencies qualify as j
unmarked/undercover vehicles. Fuel and maintenance costs for vehicles 4 I
operated by task force members shall be assumed by the agency employing
said member.
F. Public SafetyEquipment
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The employing agency will provide necessary public safety equipment and #
miscellaneous surveillance equipment for their assigned personnel.
G. Aerial Support
The California Highway Patrol will continue to provide primary air support
for task force operations as needed and when available. Allied agency air
support may be utilized if California Highway Patrol airships are unavailable
or if allied airships are already airborne and available to assist.
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VH. STANDARD OPERATING PROCEDURE(SOP)
All Fresno HEAT members shall be provided, and abide by,the Standard
Operating Procedures(SOP) manual. The SOP shall be prepared by the Fresno
HEAT Commander/Supervisor and approved by the Executive Committee. The
SOP shall specify policy, procedures and tactics to be followed by task force
members and shall include, but not be limited to, the following specific items:
A. Conflicting Policy
In any case where the policies or procedures of the task force conflict with
those of a member's employing agency,the member shall abide by the
directives of his or her own agency and give notification to the HEAT
Supervisor.
B. Officer Involved Shootings,Collision Investigations. and Complaints
The investigation of officer-involved shooting incidents and vehicle accidents I
will be conducted by the agency having investigative jurisdiction where the
incident occurred. The employing agency will also have the option to conduct
a parallel investigation if they so choose. Task force member evaluations,
complaints, and internal investigations will be handled by the employing E
agency.
C. Booking Fees Waived
Task force booking shall not incur booking fees from the County of Fresno.
The booking slip shall be marked, "Fresno HEAT" near the upper right corner
in bold letters to notify intake personnel, Additionally,the arresting officer's
name and Fresno HEAT ID number/call sign shall be clearly printed in the same
location. The, "Fee Exempt-YES,"box shall also be checked.
Example: "Fresno HEAT H--ZO"
VLII. SITE SECURITY
The Fresno HEAT office contains firearms,U.S. Currency, computers, case files,
confidential and privileged information,and confidential surveillance equipment.
When no one is occupying the office,the door shall be locked,the alarm shall be
set, all sensitive information shall be secured, and weapons shall be securely
locked in the safe(the safe shall be looked by both key and combination).
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Access to the Fresno HEAT office is restricted to law enforcement personnel
- only. Confidential informants, witnesses,and/or victims shall not be brought to
the Fresno HEAT office, the office parking lot, and/or shown,told, or advised
where the Fresno HEAT office is located.
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A. News Releases and Medialnterviews
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The release of media information regarding HEAT operations will be !
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coordinated through the Fresno HEAT Commander or his/her designee. All
agencies significantly participating in it newsworthy event shall be notified
prior to the release of information to the media. News releases shall comply j
with State Law. The media is not permitted access to the Fresno HEAT office
due to the presence of privileged and confidential information and equipment.
To prevent the location of the Fresno HEAT office from being made public,
media interviews shall not be conducted inside, in front of, or near the office. j
It is encouraged that media interviews be conducted at a crime scene or in
front of a public law enforcement office building,
IX. VEHICLE PURSUITS
Vehicle pursuits involving unmarked vehicles are discouraged. Members who
become involved in a pursuit shall abide by the pursuit policy established by their
respective agency.
X. REPORTING �
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The Fresno HEAT Commander will be responsible for implementing a reporting
system for tracking task force activity and resource utilization. This reporting
system will serve as the basis for quarterly reports to the Executive Committee as
well as to ensure an accountability of personnel and resources.
The Fresno HEAT Commander will submit an operational report to the Executive
Committee on a quarterly basis.
XI. AMENDMENTE 10 THE MOU
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The parties to this MOU may negotiate and amend, in writing, any portion of this
MOU.
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XII. TERM AND TERMINATION OF MOU
This MOU shall become effective on July 1,2022 and shall terminate on
June 30, 2025. The term of this MOU will automatically be extended upon the E
same terms and conditions herein set forth for two additional one-year terms,
unless any party provides written notice of non-renewal. Written notice of non- {
renewal will only be effective if given as follows: for the renewal term j
July 1, 2025,to June 30, 2026, written notice of non-renewal must be given to the
other parties no later than April 30, 2025; and for the renewal term July 1, 2026,to
June 30, 2027,written notice of non-renewal must be given to the other parties no
later than April 30, 2026. Participating agencies may elect to terminate the MOU
at any time. Any agency wishing to do so 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 notice or upon a date established by
mutual agreement.
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X111. AUDITS AND INSPECTIONS
The City of Clovis,City of Fresno, California Department of Motor Vehicles,and
California Highway Patrol(CONTRACTORS)shall at any time during business
hours,and as often as the County of Fresno(COUNTY)may deem necessary,make
available to the COUNTY for examination all of its records and data with respect to
the matters covered by this MOU. The CONTRACTORS shall, upon request by the
COUNTY,permit the COUNTY to audit and inspect all of such records and data
necessary to ensure CONTRACTORS compliance with the terms of this MOU. If this
MOU exceeds ten thousand dollars($10,000.00),CONTRACTORS shall be subject to
the examination and audit of the State Auditor General for a period of three(3)years
after final payment under contract(Government Code Section 8546.7),
XIV. PERMIT-REQUIRED CONFINED SPACES
A permit-required confined space or permit space means a confined space that has one
or more of the following characteristics capable of causing death or serious physical
harm,
(a)Contains or has the potential to contain a hazardous atmosphere-,
(b)Contains a material that has the potential for engulfing someone who enters;
(c)Has an internal configuration that could allow someone entering to be trapped or
asphyxiated by inwardly converging walls or by a floor,which slopes downward and
topers to a smaller cross-section;or
(d)Contains any physical hazard,This includes any other recognized serious health or
safety hazard including engulfment in a solid or liquid material, electrical shock, or
moving parts.
(e)Contains any other recognized serious safety or health hazard that could either:
(i)Impair the ability to self-rescue;or
(1i)Result in a situation that presents an immediate danger to life or health.
In the event any HEAT member encounters the definition of a confined space,
including those involving a clandestine laboratory entry shall not be made unless a
Task Force supervisor trains,equips,and operates the Task Force pursuant to Section
5157(Permit Required Confined Spaces),et seq.of Title 8(Industrial Relations) of
the California Code of Regulations.
XV. SIGNATURES
The undersigned represent authority to execute this MOU on behalf of their
respective agencies; and in signing this formal MOU, represent concurrence with
and support of HEAT as set forth in this MOU and for the period and purposes
stated herein.
ANICETO ORTIZ, Chief MAR A MIMS, Sheriff-Coroner
Cal' ;nia Highway Patrol Fresno Coun y Sheriff's Office
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CURT FLEMING, Chief cftRrgTINA MICHEL, Chief
Clovis Police Department California Department of Motor Vehicles
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first hereinabove written:
COUNTY OF FRESNO
Sal u' tProhairman of the
Boar ofvisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:
Deputy
FOR ACCOUNTING USE ONLY:
Fund 0001
Subclass 10000
ORG 3111
Account 7295