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HomeMy WebLinkAboutMOUAGREEMENT FOR THE SOUTHWEST BORDER ANTI -MONEY LAUNDERING ALLIANCE PARTIES TO THE AGREEMENT This Agreement is between the CITY OF CHULA VISTA, CITY OF NATIONAL CITY, CITY OF SAN DIEGO, (collectively the "CITIES"); the COUNTY OF SAN DIEGO, COUNTY OF IMPERIAL (collectively the "COUNTIES"); the U. S. DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION ("DEA"); the FEDERAL BUREAU OF INVESTIGATION ("11i1"); and, the LAW ENFORCEMENT COORDINATION CENTER ("LECC"); collectively the "PARTIES", for program support of the Southwest Border Anti -Money Laundering Alliance ("SWBAMLA") performing as Team Operation Northern Eagle ("Team ONE"). Party Departments or Agencies Participating in the Agreement For CITY, participating agencies are their respective police departments. For COUNIES, participating agency for Imperial County is their District Attorney's Office; participating agencies for County of San Diego is their District Attorney's Office and their Sheriffs Department. The DEA, FBI, and LECC do not have subordinate agencies or department participants. RECITALS WHEREAS, CITY OF CHULA VISTA through CHULA VISTA POLICE DEPARTMENT (CVPD) received funds from the Arizona Criminal Justice Commission (ACJC), under the SWBAMLA grant program; and WHEREAS, the ACJC is comprised of a governing Executive Board consisting of the Arizona Attorney General, the California Attorney General, the New Mexico Attorney General, the Texas Attorney General, the Director of the Arizona Department of Public Safety, the Superintendent of the Arizona Department of Financial Institutions, and the Chief of the Police Department of Phoenix, Arizona; and WHEREAS, funds shall be used to support the SWBAMLA program comprised of federal, state, and local investigative personnel, whose mission is to be proactive in the investigation, prosecution, and dismantling of Mexican Transnational Criminal Organizations involved in money laundering stemming from weapons trafficking, human trafficking, and drug distribution affecting the Southwest Border Area; and WHEREAS, PARTIES mutually agree that this Agreement is not intended to be a joint powers agreement, nor do PARTIES intend to create a joint powers agency or entity through this Agreement, and as further defined in Government Code §6500 et. seq., Joint Exercise of Powers Act; and 1 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of SWBAMLA collaboration, services rendered, and compensation; and WHEREAS, CITY OF CHULA VISTA, by action of City Council Agenda Item No. 2012-147 dated July 17, 2012, approved and authorized the Chief to execute expenditure contracts for SWBAMLA to reimburse salary, benefits, overtime, training, equipment, and investigative travel costs incurred collectively by CITIES and COUNTIES, not to exceed $2,910,247; and WHEREAS, DEA, FBI, and LECC acknowledge they are a party to this Agreement but will not be compensated; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that CITY OF CHULA VISTA through CVPD will fund, and PARTIES will provide a level of SWBANI,A services, as set forth in this Agreement. AGREEMENT I. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the SWBAMLA proposal submitted to and awarded by ACJC under the 2011 SWBAMLA grant program. II. SCOPE OF SERVICES A. Method of Service Delivery CITY OF CHULA VISTA through CVPD will maintain SWBAMLA Team Operation Northern Eagle (ONE) and will be administratively responsible for coordination of PARTIES' obligations under this Agreement. Team ONE will be staffed as described in section IV. — Standards of Service: Obligations of the Parties. B. Overview of Basic Services PARTIES will provide SWBAMLA activities ("Activities") within San Diego and Imperial Counties, defined as the incorporated areas of the cities, and the unincorporated areas of the Counties. The Activities will consist of personnel from PARTIES performing the following SWBAMLA functions during and after normal business hours: investigate, prosecute, and dismantle Mexican Transnational Criminal Organizations involved in money laundering stemming from weapons trafficking, human trafficking, and drug distribution affecting the Southwest Border Area and, attend meetings with other task forces in the region to network in regards to best practices and case review. PARTIES will work as a unified team and/or be co -located in the same facility. 2 PARTIES will commit to the spirit of cooperation to ensure the successful outcome in separate and joint investigations and operations. III. TERM OF AGREEMENT A. Initial Term The term of this agreement shall be retroactive to midnight on July 1, 2012, and shall continue in effect through and terminate at midnight on June 30, 2015; subject to termination provision in section III. B. and III. C. below. B. Option to Extend Renewal or extension of the Agreement beyond June 30, 2015 shall be subject to remaining grant funds and to a time extension approved by SWBAMLA. C. Termination Subject to the applicable provisions of state law, any party may terminate its participation in this Agreement with verbal notice, followed by a 30 day minimum written notice with the effective date of termination, to CVPD. IV. STANDARDS OF SERVICE; OBLIGATIONS OF THE PARTIES A. Anticipated Outcome The anticipated outcome of the Activities to be provided by PARTIES under this Agreement is to establish a multi -agency, multi jurisdictional anti -money laundering effort in San Diego and Imperial Counties to address money laundering stemming from weapons trafficking, human trafficking, and drug distribution affecting the Southwest Border Area. The anticipated outcome will be reached by achieving the goals and accomplishing the objectives as set forth below. 1. Goals and Objectives a. Team ONE will systematically and aggressively investigate and prosecute money laundering associated with Southwest Border Area (SWBA) crimes involving the Mexican Transnational Criminal Organizations (TCOs) - whether involved in narcotics trafficking, arms trafficking, human trafficking, commerce fraud, criminal funds transfers and shipping, or other criminal ventures - through comprehensive, multi -agency, and multi jurisdictional financial investigations and seizures of assets of these TCOs in order to disrupt and eliminate the financial infrastructure that provides the resources needed by these entities to finance their criminal activities. b. Team ONE will encourage and promote full cooperation between local, state, and federal law enforcement and prosecutorial agencies to pursue, disrupt, 3 and dismantle these criminal enterprises primarily by: Targeting TCOs, arresting the individuals involved, and identifying and seizing the assets, monetary or otherwise, relating to the sale, smuggling, and distribution of illicit weapons, narcotics, human trafficking, or any other criminal venture. 2. Coordinating information inquiries and submissions through the Western States Information Network (WSIN) and coordinating all investigative and enforcement activities through the San Diego and Imperial County LECC and WSIN. B. Personnel Qualifications And Assignment PARTY personnel who perform Activities pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification. PARTIES shall provide Team ONE with qualified personnel to meet performance standards and scope of service defined herein and as further specified in Section IV. A. 1. CVPD's Discretion The management, direction, and supervision of CVPD personnel; the standards of performance; the discipline of duties; and, all other matters incident to the performance of such services, shall be performed by and be the responsibility of CITY OF CHULA VISTA through CVPD in CVPD's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. CVPD shall be the appointing authority for all CVPD personnel provided to Team ONE by this Agreement. Non-CVPD PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in CVPD's performance of this Agreement. 2. Other Parties' Discretion The management, direction, and supervision of non-CVPD PARTY personnel, the standards of performance, the discipline of officers and/or non -sworn personnel, and all other matters incident to the performance of such services, shall be performed by and be the individual responsibility of each respective non-CVPD PARTY in each respective non-CVPD PARTY'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each non-CVPD PARTY shall be the appointing authority for its respective personnel provided to Team ONE by this Agreement. CITY OF CHULA VISTA and CVPD shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in PARTY performance of this Agreement. 3. Designated Coordinators 4 CVPD shall select and designate a coordinator who shall manage and direct Team ONE. Each participating PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each party shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 4. Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to Team ONE at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 5. Pre -Authorization of Overtime Designated coordinator of each PARTY shall contact CVPD designated coordinator for authorization to work overtime prior to the scheduled Team ONE Activity detail. CITY OF CHULA VISTA and CVPD shall not reimburse any overtime worked by PARTY personnel that is not approved in advance. 6. Equipment and Supplies CITY OF CHULA VISTA through CVPD will provide CVPD Team ONE personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Team ONE Activities. Other PARTIES will provide their respective Team ONE personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Team ONE Activities. 7. Prosecutor Involvement One Deputy District Attorney (DDA) from San Diego County will be assigned to Team ONE in an unfunded capacity. DDA will be directly supervised by the Chief of the San Diego County District Attorney's Major Narcotics Unit and will provide legal advice, review search and arrest warrants, and coordinate the prosecution of Team ONE cases. DDA will also participate in any regularly scheduled Team ONE meetings where the status of investigations or cases is discussed. DDA will be eligible to participate in any SWBAMLA funded t.iaining or Activities, the expense of which will be shared by Team ONE with the DDA. 8. Annual Report PARTIES agree that an annual report which summarizes the prior year's Activities and includes a section with related statistical data, shall be prepared by Team ONE. Annual Report shall be submitted by Team ONE to ACJC no later than March 15th of each year. 5 9. Administration and Audit PARTIES agree that any indirect administrative or operational cost arising from its participation in Activities shall not be charged to other participating PARTIES. Any and all records pertaining to Team ONE expenditures shall be maintained at a location designated by the Team ONE supervisor, and those records must be readily available and provided without any undue delay for examination or audit by any federal, state, or local governmental agency authorized by law to conduct such an examination or audit. In addition, all records and reports generated by Team ONE shall be maintained until audits and examinations are completed and resolved or for a period of three (3) years following termination of this Agreement, whichever is later. 10. Confined Space Team ONE agents, officers, and employees shall not enter "confined space" (as defined in title 8, Untied States Code, Section 5156, General Industry Safety Orders) unless Team ONE is trained, equipped, and operate pursuant to Title 8, United States Code, Section 5157 et seq. 11. Duration of Personnel Assignments The decision of when to replace assigned Team ONE personnel will be at the discretion of the participating LEA. It is recommended that personnel be assigned to Team ONE for a minimum of two (2) years. The Team ONE supervisor shall have the authority to remove personnel respectively from Team ONE and return them to the participating LEA. If no other personnel are assigned to Team ONE, the participating LEA can choose to assign a different person or withdraw from Team ONE. V. POLICIES AND PROCEDURES A. Citizen Complaints PARTIES shall establish a policy and procedure for accepting and handling complaints. Allegations and/or violations of standards of conduct or the rules and regulations pertaining to the ethical conduct of Team ONE personnel; will be investigated by the internal affairs component of the PARTY in question in conformance with the affected PARTY'S rules and regulations. B. Officer Involved Shootings In the event of a shooting incident, PARTIES agree that CITY or COUNTY in whose jurisdiction the shooting occurred will conduct the investigation. PARTIES also agree that the "Protocol for Investigation of Officer Involved Shootings and Other Uses of Force Resulting in Death," as set forth in a Memorandum of Understanding signed by members of the San Diego Chiefs' and Sheriff's 6 Association, will be followed in all incidents that occur in San Diego County. The affected CITY or COUNTY may conduct internal investigations regarding the shooting incident according to their own policies and guidelines. Information developed during a shooting investigation will be shared with the appropriate component within each CITY or COUNTY. The investigation of officer -involved shooting shall be conducted in accordance with all procedures of the participating PARTY and any other federal, state, or local governmental agency authorized by law to conduct such an investigation. C. Vehicle Operation 1. PARTIES agree that utilization of all vehicles under its jurisdiction shall be in strict compliance with applicable state and federal laws and the rules and regulations of each individual PARTY. Team ONE personnel shall operate his/her assigned vehicle solely for the purpose of conducting his/her official duties or travel to and from said duties. 2. PARTIES shall be responsible for the routine maintenance and repair of the vehicles and radio system operated by their personnel assigned to Team ONE and shall ensure that vehicles and radio system are in proper working conditions at all times. 3. PARTIES agree that the on -scene investigation for accidents that occur in a vehicle while performing Activities, are to be handled by CITY or COUNTY of the jurisdiction in which accident occurs or, the California Highway Patrol if CITY or COUNTY is not available to respond. VI. COST OF SERVICES/CONSIDERATION A. General As full consideration for the satisfactory performance and completion by PARTIES of Team ONE Activities set forth in this Agreement, CITY OF CHULA VISTA through CVPD shall pay to PARTIES, for personnel assigned to perform Team ONE Activities and for equipment purchased for Team ONE as specified in Exhibit A - Budget, on the basis of invoices and submittals as set forth hereunder. Such payments by CITY OF CHULA VISTA through CVPD are dependent on the continued availability of grant funds from ACOC. B. Personnel Costs/Rate of Compensation During the term of this Agreement, CITY OF CHULA VISTA through CVPD shall compensate PARTIES for: 1. Preauthorized overtime worked by personnel assigned to perform Team ONE Activities; and 7 2. Preauthorized equipment purchases for Team ONE'S use; based upon available funding and the actual costs incurred by PARTIES to provide Activities and equipment under this Agreement. C. Method of Payment 1. PARTIES shall email an itemized invoice, timesheets, and any other related supporting documentation that represents amounts due under this Agreement to CVPD no later than 5:00 p.m. thirty (30) business days following the end of each quarter of the contract year, and no later than 5:00 p.m. thirty (30) business days of each succeeding quarter during the term of this Agreement. a. Invoice, timesheets, and other related supporting documentation must have the signature of each PARTIES' designated coordinator or his or her designee, certifying that the invoice, timesheets, and related documentation are true and correct. 2. PARTIES shall mail original documents in section VI.C.1. no later than 5:00 p.m. of the thirtieth (30th) business day following the end of each quarter of the contract year, and no later than 5:00 p.m. of the thirtieth (30th) business day of each succeeding quarter during the term of this Agreement to: Chula Vista Police Department, Fiscal Management, Ref: Team ONE, 315 Fourth Avenue, Chula Vista, CA 91910. 3. Within thirty (30) business days upon receipt of valid invoice, CVPD will pay PARTIES for the Basic Services agreed to. 4. PARTIES shall maintain payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, and regular and overtime hours worked. PARTIES shall make available to CVPD for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement, VII. FACILITIES, PROPERTY, AND EVIDENCE A. Property 1. Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired with a PARTY's funds, shall be the property of that PARTY and, at the termination of Agreement, if no new agreement is reached, all said property shall be returned to respective PARTY. 8 2. Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired with asset forfeiture funds generated from Team ONE joint operations, shall be the property of purchasing PARTY and, at the termination of this Agreement, if no new agreement is reached, all said property and/or its value, shall be distributed to the PARTIES according to the respective and applicable asset forfeiture sharing distribution formula. B. Maintenance of Asset Forfeiture Accounts Team ONE shall establish asset forfeiture accounts for receipt and disbursement of funds generated by asset forfeiture. Monies deposited into such accounts shall be in accordance with applicable federal and state laws. Any interest earned on all funds shall be deposited back into Team ONE Asset Forfeiture Account. Proceeds derived from state asset forfeiture proceedings will be deposited into Team ONE Forfeited Asset Proceeds Account. Approved expenditures of asset forfeiture funds shall specify the account from which the funds are to be taken. Team ONE shall make disbursements to the PARTIES in accordance with Section VI. C. of the Agreement and provide monthly accounting thereof to the Alliance. Limitation on Asset Forfeiture Account Balances The limit on the aggregate funds to be maintained in Team ONE Forfeited Asset Proceeds Accounts, prior to making distributions to PARTIES, shall be set by the Team ONE administrator. PARTIES Right to Equitable Share Upon Participation Withdrawal from Team ONE 1. Withdrawing PARTY, if eligible, shall be entitled to a share of the funds in the asset forfeiture accounts which have not been obligated to ongoing Team ONE operations at the time of its withdrawal, and a share of all future asset forfeiture funds for the cases originated during PARTY participation in Team ONE. The asset forfeiture account balances used to establish the amount of the equitable share shall be determined by Team ONE supervisor as of the date of PARTY'S withdrawal from Team ONE. 2. Team ONE administrator shall have one (1) calendar year following the effective withdrawal date of PARTY in which to approve and disburse payment to PARTY of its equitable share of funds in the asset forfeiture accounts. C. Asset Seizure Formula Proceeds derived from asset forfeiture as a result of Team ONE operations, whether under state or federal law, will be shared among PARTIES as set forth herein. All forfeiture procedures and sharing will comply with the appropriate provisions of state and federal law, as well as PARTIES internal policies and procedures. Any modification to the asset forfeiture provisions herein must be set forth in writing and be 9 approved by CVPD. The transfer of federally forfeited property to Team ONE, and the subsequent use and disposition of such property by Team ONE shall comply with applicable federal laws and U. S. Department of Justice policy, notwithstanding any other provision or policy and procedure manual incorporated by reference in this Agreement. For investigations and operations by Team ONE, the seizure agreement shall be: State seizures will follow the Equitable Sharing Formula set forth below, and will include a 5% administrative cost for the agency acting as the task force asset fiduciary. For federal seizures per U. S. Department of Justice Guidelines, 20% of the seizure is deducted for administrative costs to process the seizure. The remaining 80% available for sharing will be disbursed based on the Equitable Sharing Formula below. 1. Equitable Sharing Formula PARTIES with full time sworn personnel assigned to Team ONE shall be entitled to a full share for each sworn officer or agent. In order to ensure equitable sharing of forfeited assets seized and adjudicated to the benefit of Team ONE resulting from operations funded in whole or in proportional part by the SWBAMLA and Team ONE, PARTIES agree that any distribution of program income will be made in accordance with these asset forfeiture provisions and the provisions of Chapter 6 of the SWBAMLA Grant Management Resource Manual ("Manual") provided in Exhibit B. PARTIES agree that program income, as defined in the Manual, received by Team ONE will be distributed between the PARTIES by shares of the participating team members. PARTIES allocation of shares are as follows: Chula Vista Police Department Imperial County District Attorney's Office (Investigator) Imperial County District Attorney's Office (Deputy District Atty.) National City Police Department San Diego County Sheriffs Department San Diego District Attorney's Office (investigator) San Diego District Attorney's Office (Deputy District Atty.) San Diego Police Department 2 Shares 1 Share 0 Shares 1 Share 1 Share 1 Share 0 Shares 1 Share DEA and FBI shall be entitled to participate in the sharing of asset forfeiture funds or the use of seized assets as provided in the internal policies and procedures of DEA and FBI and to the extent authorized by federal law. VIII. INDEMNIFICATION RELATED TO WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES A. Workers Compensation and Employment 10 1. CITY OF CHULA VISTA shall fully indemnify and hold harmless PARTIES, and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of CITY OF CHULA VISTA or any contract labor provider retained by CITY OF CHULA VISTA, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of CITY OF CHULA VISTA or any contract labor provider retained by CITY OF CHULA VISTA. 2. PARTIES shall fully indemnify and hold harmless CITY OF CHULA VISTA, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the law enforcement agency or any contract labor provider retained by the law enforcement agency. S. Indemnification Related To Acts Or Omissions; Negligence 1. Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 2. Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such 11 cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4 below. 3. Joint Defense Notwithstanding paragraph 2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 4. Reimbursement andior Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 5. Nondiscrimination clause PARTIES shall comply with Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by, or pursuant to, the regulations of the U. S. Department of Justice implementing those laws, 28 CFR part 42, Subparts C, F, G,Hand I. IX. GENERAL PROVISIONS A. Independent Contractor Status In the performance of services under this Agreement, CITY OF CHULA VISTA and all other PARTIES acknowledge and agree that CITY OF CHULA VISTA and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of the other participating PARTIES; the participating PARTIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of CITY OF CHULA VISTA. All such personnel provided by CITY OF CHULA VISTA under this Agreement are under the direct and exclusive supervision, daily direction, and control of CITY OF CHULA VISTA and CITY OF CHULA VISTA assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by all other PARTIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their 12 respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. CITY OF CHULA VISTA and all other PARTIES acknowledge and agree that CITY OF CHULA VISTA does not control the manner and means of performing the work of all other participating PARTIES' officers, agents or employees who perform Team ONE Activities, nor does CITY OF CHULA VISTA have the right to hire or fire such officers, agents or employees. All other participating PARTIES do not control the manner and means of performing the work of CITY OF CHULA VISTA officers,. agents or employees who perform Team ONE Activities, nor do participating PARTIES have the right to hire or fire such officers, agents or employees. CITY OF CHULA VISTA has no authority of any kind to bind the participating PARTIES, and the participating PARTIES have no authority to bind CITY OF CHULA VISTA and/or CVPD in any respect whatsoever, nor shall CITY OF CHULA VISTA or CVPD act or attempt to act, or represent itself directly or by implication as an agent of participating PARTIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of participating PARTIES. The participating PARTIES shall not act or attempt to act, or represent themselves directly or by implication as an agent of CITY OF CHULA VISTA or CVPD, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITY OF CHULA VISTA. B. Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To CITY OF CHULA VISTA through CVPD: Chief of Police Chula Vista Police Dept. 315 Fourth Avenue Chula Vista, CA 91910 To all other participating PARTIES: Chief of Police National City Police Dept. 1200 National City Blvd. National City, CA 91950 Chief of Police San Diego Police Dept. 1401 Broadway San Diego, CA 92101 13 Sheriff San Diego County Sheriffs Dept. P. O. Box 939062 San Diego, CA 92193-9062 District Attorney Imperial County District Attorney's Office 940 W Main St., Suite 102 El Centro, CA 92243-2880 Captain San Diego Law Enforcement Coordination Center 4181 Ruffin Road San Diego, CA 92123 District Attorney San Diego County District Attorney's Office Hall of Justice 330 W. Broadway San Diego, CA 92101 Special Agent in Charge Federal Bureau of Investigation 9797 Aero Drive San Diego, CA 92123 Assistant Special Agent in Charge Drug Enforcement Administration 4560 Viewridge Avenue San Diego, CA 92123-1637 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. C. Amendment; Assignment This Agreement may be modified or amended only by a written document signed by all parties, and no oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties. D. Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the CITY OF CHULA VISTA and all other participating PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. E. Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, 14 expand, or limit the terms of the Agreement and shall not be construed against any one Pam'. F. Waiver A waiver by CITY OF CHULA VISTA or other participating PARTIES of a breach of any of the covenants to be performed by CITY OF CHULA VISTA or participating PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by CITY OF CHULA VISTA or participating PARTIES of either performance or payment shall not be considered a waiver of any other party's preceding breach of this Agreement. G. Authority to Enter Agreement CITY OF CHULA VISTA and participating PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. H. Cooperation CITY OF CHULA VISTA through CVPD and PARTIES will cooperate in good faith to implement this Agreement. Whenever possible, PARTIES will work closely and collaborate with any and all LEA or agencies involved in financial investigations. PARTIES' supervisors will convene and hold, at a minimum, monthly meetings, to discuss ongoing cases, targets, and other task force -related business that could affect the other PARTY or other agencies not a party to this agreement. Frequency of meetings will be based on PARTIES workload and staff availability due to ongoing investigations. The assigned Deputy District Attorney from San Diego and Imperial Counties will be included in these meetings as members of Team ONE. All other non - sworn personnel will meet on a weekly basis with other LEA counterparts to discuss investigative techniques and resources available to them for investigations. Whenever there is an investigation or pending operation, the PARTIES will utilize meetings and de -confliction agencies to coordinate operations and investigations in order to prevent duplication of effort, Blue on Blue scenarios, and ensure that resources from all parties are utilized for maximum efficiency. When a potential conflict in a pending or on -going investigation is identified, PARTIES agree to meet and confer to address the apparent conflict and determine if the case will be better worked together, with limited involvement from the other agencies or task forces, or otherwise work towards fair resolution of the conflict. If there still remains a disagreement concerning operational considerations affecting an ongoing 15 investigation, then PARTIES superiors will meet and confer in order to address the matter. In the event a mutually satisfactory resolution is not reached, PARTIES representatives will confer with a representative from the ACJC Auditor's Office in an attempt to resolve the issue. Training shall be made available to all PARTIES including Team ONE assigned Deputy District Attorney from San Diego and Imperial Counties. When specialized equipment is needed by any PARTY for a particular investigation, the equipment, if available, and regardless if purchased by SWBMLA funds or not, shall be made available for use by requesting PARTY in accordance with lending PARTY'S policy and procedures.. I. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. J. Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the parties, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any party is lost, then the Agreement may be terminated at the option of the affected party, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. K. Legislative Changes If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the ACJC imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the parties and this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the parties will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of CITY OF CHULA VISTA and CVPD, and participating PARTIES, under this Agreement unless the parties mutually agree to subject themselves to such changes(s). 16 L. Representation The participating PARTIES' Director or Chief of Police, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. CVPD Chief, or his or her designee, shall represent CVPD in all discussions pertaining to this Agreement. M. Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the CVPD Chief, or his or her designee, and participating PARTIES' Director or Chief of Police, or their respective designees, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. N. Termination of Funding In the event that funding for reimbursement of costs related to Team ONE Activities is terminated by ACCC, this Agreement in its entirety shall be considered null and void and CITY OF CHULA VISTA through CVPD and participating PARTIES shall no longer be required to provide Team ONE Activities as described herein. In such event, the parties shall meet immediately, and if agreed upon by the parties, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Team ONE Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement is executed and delivered within the State of California and the rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2012. CHULA VISTA POLICE DEPT. DRUG ENFORCEMENT ADMIN. SAN DIEGO DIVISION David Bejarano Chief of Police William R. Sherman Special Agent in Charge (Acting) 17 FEDERAL BUREAU OF INVESTIGATION IMPERIAL COUNTY DISTRICT SAN DIEGO DIVISION ATTORNEY'S OFFICE Daphne Hearn Special Agent in Charge NATIONAL CITY POLICE DEPT. Adolfo Gonzales Chief of Police COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT William D. Gore Sheriff SAN DIEGO POLICE DEPT. William Lansdowne Chief of Police Approved as to form and legality: CITY OF SAN DIEGO JAN GOLDSMITH, CITY ATTORNEY Linda L. Peter Deputy City Attorney SAN DIEGO COUNTY COUNSEL William L. Pettingill Senior Deputy Gilbert G. Otero District Attorney SAN DIEGO COUNTY DISTRICT ATTORNEY'S OFFICE Bonnie Dumanis District Attorney SAN DIEGO LAW ENFORCEMENT COORDLNATION CENTER Lee Yoder Captain CITY OF SAN DIEGO PURCHASING & CONTRACTING Ed Plank Director (Acting) CITY OF CHULA VISTA CITY ATTORNEY Chance Hawkins Deputy City Attorney 18 Exhibit A SOUTHWEST BORDER ANTI -MONEY LAUNDERING ALLIANCE OPERATION NORTHERN EAGLE (ONE) TASK FORCE CATEGORY YEAR 1 YEAR 2 YEAR 3 TOTAL PERSONNEL CVPD Sergeant Salaries $103,031 $103,546 $103,546 $310,123 CVPD Sergeant Benefits $57,723 $61,452 $64,855 $184,030 CVPD Sergeant Overtime $11,776 $1 1,832 $11,832 $35,440 CVPD Agent Salaries $89,569 $90,017 $90,017 $269,603 CVPD Agent Benefits $53,410 $56,896 $60,079 $170,385 CVPD Agent Overtime $10,297 $10,347 $10,347 $30,992 PERSONNEL TOTAL $325,806 $334,091 $340,677 $1,000,573 CONTRACTUAL COSTS SDPD Detective Salaries $79,747 $79,747 $79,747 $239,241 SDPD Detective Benefits $69,533 $70,547 $71,663 $211,743 SDPD Detective Overtime $8,924 $8,924 $8,924 $26,772 SDPD Equipment $2,055 $2,055 SDPD In -State Travel $2,222 $2,222 $2,222 $6,666 SDPD Out -of -State Travel $4,167 $4,167 $4,167 $12,501 NCPD Detective Salaries $80,227 $80,227 $80,227 $240,681 NCPD Detective Benefits $57,579 $59,298 $61,188 $178,065 NCPD Detective Overtime $10,131 $10,131 $10,131 $30,394 NCPD Equipment $2,055 $2,055 NCPD In -State Travel $2,222 $2,222 $2,222 $6,666 NCPD Out -of -State Travel $4,167 $4,167 $4,167 $12,501 SDDA Investigator Salaries $94,765 $94,765 $94,765 $284,295 SDDA Investigator Benefits $65,249 $68,944 $73,746 $207,939 SDDA Investigator Overtime $10,533 $10,533 $10,533 $31,599 SDDA Equipment $2,055 $2,055 SDDA In -State Travel $2,222 $2,222 $2,222 $6,666 SDDA Out -of -State Travel $4,167 $4,167 $4,167 $12,501 ICDA Investigator Salaries $64,868 $64,868 $64,868 $194,604 ICDA Investigator Benefits $36,787 $38,145 $39,638 $114,570 ICDA Investigator Overtime $7,481 $7,481 $7,481 $22,442 ICDA Equipment $2,055 $2,055 ICDA In -State Travel $2,222 $2,222 $2,222 $6,666 ICDA Out -of -State Travel $4,167 $4,167 $4,167 $12,501 CONTRACTUAL TOTAL $619,600 $619,166 $628,467 $1,867,233 EQUIPMENT CVPD Equipment $4,108 $4,108 Page 1 of 2 SOUTHWEST BORDER ANTI -MONEY LAUNDERING ALLIANCE OPERATION NORTHERN EAGLE (ONE) TASK FORCE CATEGORY YEAR 1 YEAR 2 YEAR 3 TOTAL EQUIPMENT TOTAL $4,108 $0 $0 $4,108 TRAVEL $4,445 $8,332 $4,445 $8,332 $4,446 $8,332 $13,336 $24,996 CVPD In -State Travel CVPD Out -of -State Travel TRAVEL TOTAL $12,777 $12,777 $12,? 78 $38,332 PROJECT TOTAL $962,291 $966,034 $981,922 $2,910,247 Page 2 of 2