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HomeMy WebLinkAbout2020 CON MOU County of San Diego and Various Agencies - MOU East County Regional Gang Task Force - Safe Streets Task Force (ECRGTF-SSTF)MEMORANDUM OF UNDERSTANDING FOR THE EAST COUNTY REGIONAL GANG TASK FORCE 1. PARTIES TO THE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF EL CAJON, the CITY OF LA MESA, the CITY OF NATIONAL CITY ("CITIES"), the U. S. DEPARTMENT OF HOMELAND SECURITY ("DHS"), the U. S. DEPARTMENT OF THE TREASURY ("DT"), the U. S. DEPARTMENT OF JUSTICE ("USDOJ"), and the CALIFORNIA HIGHWAY PATROL ("CHP"), collectively the "PARTIES", for program support of the East County Regional Gang Task Force ("ECRGTF"). 1.1 Party Departments or Agencies Participating in the MOU 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF"), and the District Attorney's Office ("DA"). 1.1.2 For the CITIES, participating agencies are their respective police departments. 1.1.3 For the DHS, participating agency is the Homeland Security Investigations, San Diego ("HSI"). 1.1.4 For the USDOJ, participating agency is the Federal Bureau of Investigation ("FBI") and the U. S. Attorney's Office, Southern District of California ("USAO"). 1.1.5 For the DT, participating agency is the Internal Revenue Service (IRS). 1.1.6 The CHP does not have a subordinate agency, bureau, section, or department participant. The services and obligations of PARTIES and their participating departments or agencies are set forth herein. 2. PURPOSE AND MISSION 2.1 The purpose of this MOU is to formalize the framework of cooperation, coordination, and collaboration between all PARTIES of the ECRGTF. This MOU also addresses the USDOJ designation of Safe Streets Task Force ("SSTF") as applied to the ECRGTF with the 2008 inclusion of the FBI as a PARTY. The requirements of the USDOJIFBI designated SSTF are set forth in the below paragraphs and incorporated herein. 2.2 The mission of the ECRGTF is to identify and target for prosecution organized criminal groups and their members who are responsible for: crimes of violence, 1 including, but not limited to murder, robbery, aggravated assault; drug trafficking, money laundering, alien smuggling, human trafficking; and other criminal activity to benefit the organization or criminal street gang through acquisition of wealth and power. The ECRGTF will utilize criminal intelligence analysts and crime analysis resources of the PARTIES in an effort to identify criminal enterprises and criminal street gangs with an emphasis on identification, arrest, and prosecution of members and associates of violent street gangs and criminal organizations, and the dismantling and disruption of said organizations. 3. PARTICIPANTS ECRGTF will be comprised of SHERIFF deputies, CITIES police officers; CHP officers; DA investigators; FBI, HSI, and IRS agents; and, prosecuting attorneys from the DA and the USAO. 4. EXECUTIVE COMMITTEE ECRGTF shall be headed by an Executive Committee. Members of the committee will include a Chief Executive Officer (CEO) or his or her designee from each of the PARTIES. These members shall meet annually to discuss operations and provide oversight and guidance to the Coordinating Committee. Additional meetings may be convened at the request of any PARTY as necessary. 5. COORDINATING COMMITTEE The Coordinating Committee will consist of representatives from each PARTY as designated by the CEO/executive committee member of that PARTY. The Coordinating Committee will assist the Task Force Coordinator (TFC) in: a) obtaining resources including funds, personnel, equipment, vehicles and other items required to support the overall mission; b) developing administrative procedures and investigative objectives and strategies; and, c) preparing reports for presentation to the Executive Committee. The Coordinating Committee shall meet as necessary. 6. TASK FORCE COORDINATOR The TFC is designated as a SHERIFF'S lieutenant assigned to the Narcotics and Gang Division of the San Diego County Sheriffs Department. The TFC is directly accountable to the Executive Committee. The TFC will interact with TFCs of other Violent Crimes Task Forces. The TFC will prepare a monthly written report of ongoing and completed investigations for dissemination to the Executive and Coordinating Committees. The Special Agent in Charge (SAC) of the FBI San Diego Division shall designate one Supervisory Special Agent (SSTF Supervisor) to supervise the federal investigations and the administrative components of the SSTF. The SSTF Supervisor shall oversee day-to-day operational and investigative matters pertaining to the SSTF. 2 7. ISSUE RESOLUTION Operational issues should be resolved at the lowest level possible beginning with investigators and primary supervisors. If no mutually acceptable resolution is possible, the TFC will present the issue to the Coordinating Committee for resolution. Conduct undertaken outside the scope of an individual's Task Force duties and assignments under this MOU shall not fall within the oversight responsibility of the TFC, Task Force Supervisor, or the SSTF Supervisor. 8. PERSONNEL 8.1 Investigators The components of the ECRGTF will be staffed by personnel recommended for assignment to the task force by each PARTY. If the TFC has cause to replace an individual, the issue will be discussed with the PARTY representative to the Coordinating Committee. If the PARTY in question does not concur with the decision of the TFC, the issue will be forwarded to the Coordinating Committee for a final decision. SSTF funded positions will be awarded to the ECRGTF based upon need and availability, at the discretion of FBI Headquarters and the FBI San Diego Field Office SAC. PARTIES may rotate their assigned investigators as necessary to comply with their agencies' policies and procedures. Each PARTY will supply its own personnel with the equipment necessary to perform ECRGTF operations under this MOU, to include, but not limited to: • A fully maintained undercover vehicle • A radio capable of communicating with the PARTY'S communications system • A cellular phone • All safety equipment including firearms(s) and body armor 8.2 Clerical SHERIFF will provide one Office Assistant and FBI will provide one Operational Support Technician to facilitate normal administrative and clerical duties associated with the ECRGTF. 8.3 Payroll PARTIES will pay the regular and overtime salaries and benefits of its personnel assigned to the ECRGTF. Overtime may be reimbursable to PARTIES through the federal SSTF budgeted assignments and other federal or state grants currently funding 3 special operations. Further, each PARTY's personnel will report to his or her respective agency for personnel and administrative matters. 8.4 Agency Commitment Each PARTY will provide the following staff: • San Diego County Sheriff's Department One full-time lieutenant (Task Force Coordinator) One full-time sergeant (Task Force Supervisor) Six full-time detectives • San Diego County District Attorney One full-time investigator One prosecuting deputy district attorney (DDA) • El Cajon Police Department One full-time detective • La Mesa Police Department One full-time detective • National City Police Department One full-time detective • California Highway Patrol One full-time investigator • U. S. Attorney's Office, Southern District of California One liaison assistant U. S. Attorney (AUSA) • U. S. Department of Homeland Security One full-time HSI special agent • U. S. Department of Justice One full-time FBI supervising special agent (SSTF Supervisor) Seven full-time FBI special agents • U. S. Department of the Treasury One full-time IRS special agent 9. INVESTIGATIVE STRATEGY The routine investigative strategy regarding case development and direction will be the responsibility of the TFC. The DA and USAO should be consulted regularly for legal opinions and guidance. It is intended that full use be made of the "vertical prosecution" 4 process and mandatory sentencing laws. This is interpreted to mean that PARTIES will communicate with the assigned attorney at the earliest logical moment in an investigation to coordinate and build a case from inception through final adjudication. 10. PROSECUTION STRATEGY ECRGTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. Criminal cases which present only violations of California law shall be presented to the DDA assigned to the ECRGTF. Criminal cases which present only violations of federal law shall be presented to the AUSA designated to the ECRGTF. Cases which present violations to both state and federal statutes shall be presented to the DDA and the AUSA to determine the appropriate venue in which to prosecute the case. 11. HOUSING SHERIFF will provide housing for the ECRGTF, to include routine maintenance and repairs, water and power service and, custodial and telephone services. 12. EQUIPMENT The TFC will be responsible for the procurement, allocation, and inventory of equipment. The Coordinating Committee will provide support as required. Equipment loaned to ECRGTF by any PARTY will be inventoried and returned to the loaning PARTY if the ECRGTF disbands or if PARTY ends its participation. 13. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 13.1 For the purposes of this section 13, the term PARTY and PARTIES does not include the DHS, the DT through the IRS, and the USDOJ through the FBI and through the USAO. 13.2 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/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 COUNTY or any contract labor provider retained by the COUNTY, 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 COUNTY or any contract labor provider retained by the COUNTY. 5 13.3 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, 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 that respective agency or any contract labor provider retained by that respective 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 that respective agency or any contract labor provider retained by that respective agency. 13.4 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, 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 that respective agency or any contract labor provider retained by non - County party, 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 that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 14. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 14.1 For the purposes of this section 14, the term PARTY and PARTIES does not include the DHS, the DT through the IRS, and the USDOJ through the FBI and through the USAO. 14.2 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this MOU hereby agrees to defend and indemnify the other PARTIES to this MOU, 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 MOU. 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 MOU. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 6 14.3 Claims Arising From Concurrent Acts or Omissions Each PARTY hereby agrees to defend itself from any claim, action, or proceeding arising out of its own concurrent acts or omissions. In such 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 14.4 below. 14.4 Joint Defense Notwithstanding paragraph 14.2 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 section 14.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 14.5 Reimbursement and/or 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. 15. GENERAL PROVISIONS 15.1 Independent Contractor Status 15.1.1 In the performance of services under this MOU, each PARTY acknowledges and agrees that it and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of any other PARTY. All personnel provided by a PARTY under this MOU are under the direct and exclusive supervision, daily direction, and control of that PARTY and that PARTY assumes full responsibility for the actions of such personnel in the performance of services hereunder. 15.1.2 Each PARTY acknowledges and agrees that no other PARTY controls the manner and means of performing the work of their officers, agents or employees who perform ECRGTF program Operations, nor does any other PARTY have the right to hire or fire such officers, agents or employees. 15.1.3 Each PARTY has no authority of any kind to bind any other PARTY, nor shall any PARTY act or attempt to act, or represent itself directly or by implication as an agent of any other PARTY, or in any manner assume or 7 create or attempt to assume or create any obligation on behalf of or in the name of any other PARTY. 15.1.4 Task Force personnel who are deputized under either Title 18 or Title 21 Special Deputation Authority, which may include Task Force Officers, Task Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations Investigative Guidelines (DIOG). Additionally, they must adhere to the FBI's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 16. STANDARD OPERATING PROCEDURE (SOP) All ECRGTF members shall: 16.1 Review and abide by the SOP manual prepared by the Coordinating Committee with oversight from the Executive Committee. 16.1.1 The SOP shall specify policies and procedures for the ECRGTF. 16.2 It is agreed that matters designated to be handled by the ECRGTF will not knowingly be subject to non-ECRGTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the ECRGTF's existence and areas of concern. 16.3 It is agreed there is to be no unilateral action taken on the part of the any participating agency relating to ECRGTF investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing and closing federal SSTF investigations in accordance with existing FBI policy and the applicable U.S. Attorney General Guidelines. 16.4 ECRGTF personnel will have equal responsibility for each case assigned. ECRGTF personnel will be responsible for completing investigations from predication to resolution. 16.5 ECRGTF personnel will be responsible for complying with their respective agency's policies and procedures. All PARTIES shall not: 16.6 Use resources/personnel for any purpose that knowingly violates California Senate Bill 54 (the California Values Act) while engaged in task force related investigations. 8 16.7 Use of Less -Than -Lethal -Devices 16.7.1 The parent agency of each individual assigned to the ECRGTFF will ensure that while the individual is participating in the task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less -lethal devices that the agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 16.8 Deadly Force and Shooting Incident Policies 16.8.1 SSTF personnel will follow their own agencies' policies concerning firearms discharge and the use of deadly force. 16.9 Deputations 16.9.1 Local and state law enforcement personnel designated to the ECRGTF as SSTF officers, subject to a limited background inquiry, shall be sworn as federal task force officers either by acquiring Title 21 or Title 18 authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the ECRGTF or until the termination of the ECRGTF, whichever comes first. 16.9.2 Deputized SSTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. 17. VEHICLES 17.1 In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official SSTF business, however only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to participating agency SSTF personnel will require the execution of a separate Vehicle Use Agreement. 17.2 The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 17.3 The FBI and the United States will not be responsible for any tortious act or omission on the part of each participating agency and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by participating agency SSTF personnel, except where liability may fall under the 9 provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 17.4 The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by participating agency SSTF personnel while engaged in any conduct other than their official duties and assignments under this MOU. 17.5 To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by participating agency SSTF personnel which is outside the scope of their official duties and assignments under this MOU. 18. FUNDING This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. 19. ASSET FORFEITURE The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunction with SSTF investigations. Asset forfeitures will be conducted in accordance with Federal law, and the rules and regulations set forth by the FBI and Department of Justice (DOJ). Forfeitures attributable to SSTF investigations may be distributed among the participating agencies according to prior agreement between all member agencies based on a percentage ratio of member agency staff participating in the investigation versus the total number of staff participating in the investigation. Forfeitures attributable to the Department of the Treasury deemed by the United States Attorney's Office and the Internal Revenue Service to be shared with the local agencies will be distributed among the participating agencies according to prior agreement between all member agencies. Forfeitures attributable to cases managed at the local level will be distributed among the participating agencies according to prior agreement between all member agencies. 20. MEDIA All press releases pertaining to the ECRGTF will be mutually agreed upon and jointly handled according to participating agency guidelines. 10 21. TERM OF AGREEMENT The original MOU was effective January 9, 2006 and subsequently updated and replaced by the MOU effective January 4, 2013. This MOU, upon approval by the Executive Committee, shall be the governing document under the following provisions: 21.1 Initial Term The term of this MOU shall be retroactive to midnight on January 1, 2020, and shall continue until terminated pursuant to section 21.2 below. 21.2 Option to Extend Upon the mutual agreement of COUNTY and any PARTY, this Agreement may be renewed for successive one (1) year periods. Renewal or extension of the Agreement beyond December 31, 2022 shall be subject to a time extension approved by PARTIES. Any PARTY that does not agree to renew shall terminate its participation at the end of the term of this Agreement. 21.3 Termination Subject to the applicable provisions of state law, any PARTY may terminate its participation in this MOU upon ninety (90) days' minimum written notice to the other PARTIES. 22. ANNUAL REPORT One year from the commencement date of the original MOU, and annually thereafter, the TFC will present a report to the Executive Committee detailing the efforts of the ECRGTF in meeting its purpose and mission. 23. ADDING AGENCIES Additional agencies requesting inclusion to the ECRGTF will be recognized by signing this agreement as an addendum to the MOU. 24. OBLIGATION This MOU shall be binding upon the successors of the PARTIES. 25. COUNTERPARTS This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. 11 26. CALIFORNIA LAW This MOU 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 approve and agree to the terms of this MOU, such MOU being effective January 1, 2020 and executed on this day of , 2019. COUNTY OF SAN DIEGO CALIFORNIA HIGHWAY PATROL SHERIFF'S DEPARTMENT BORDER DIVISION William D. Gore Omar Watson Sheriff Division Chief CITY OF EL CAJON Graham Mitchell City Manager INTERNAL REVENUE SERVICE Ryan L. Korner Special Agent in Charge Los Angeles Field Office NATIONAL CITY POLICE U. S. ATTORNEY'S OFFICE Robert S. Brewer, Jr. U. S. Attorney Southern District of California 12 FEDERAL BUREAU OF INVESTIGATION Scott Brunner Special Agent in Charge San Diego Field Office LA MESA POLICE DEPARTMENT Walt Vasquez Chief SAN DIEGO COUNTY DISTRICT ATTORNEY Summer Stephan District Attorney U. S. HOMELAND SECURITY INVESTIGATIONS Timothy J. Tubbs Special Agent in Charge 26. CALIFORNIA LAW This MOU 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, an,d governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this MOU, such MOU being effective January 1, 2020 and executed on this a( day r97acb.,D7- COUNTY OF SAN DIEGO CALIFORNIA HIGHWAY PATROL SHERIFF'S DEPARTMENT BORDER DIVISION of Apas. William D. Gore Omar Watson Sheriff Division Chief CITY OF EL CAJON Graham Mitchell City Manager INTERNAL REVENUE SERVICE Ryan L. Korner Special Agent in Charge Los Angeles Field Office NATIONAL CITY POLICE U. S. ATTORNEY'S OFFICE Robert S. Brewer, Jr. U. S. Attorney Southern District of California 12 FEDERAL BUREAU OF INVESTIGATION Scott Brunner Special Agent in Charge San Diego Field Office LA MESA POLICE DEPARTMENT Walt Vasquez Chief SAN DIEGO COUNTY DISTRICT ATTORNEY Summer Stephan District Attorney U. S. HOMELAND SECURITY INVESTIGATIONS Timothy J. Tubbs Special Agent in Charge Approved as to form and legality: THOMAS E. MONTGOMERY COUNTY COUNSEL COUNTY OF SAN DIEGO Mark Day Senior Deputy 13 RESOLUTION NO. 2020 — 58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO SIGN A RENEWAL OF THE MEMORANDUM OF UNDERSTANDING WITH THE VARIOUS LOCAL AND FEDERAL LAW ENFORCEMENT AGENCIES TO PARTICIPATE IN THE EAST COUNTY REGIONAL GANG TASK FORCE (ECRGTF) — SAFE STREETS TASK FORCE (SSTF) WHEREAS, a Memorandum of Understanding ("MOU") with the San Diego County Sheriff's Department is required for the National City Police Department to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF); and WHEREAS, the FBI and the County of San Diego County Sheriff's Department oversee the task force and both require separate MOUs; and WHEREAS, the ECRGTF-SSTF identifies and targets criminal enterprise groups responsible for crimes of violence for prosecution and the apprehension of dangerous fugitives where there may be a federal interest; and WHEREAS, the ECRGTF-SSTF will enhance the effectiveness of the federal, state, local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime; and WHEREAS, the National City Police Department will continue to dedicate one Police Investigator to the task force who will be provided the use of a FBI -owned vehicle during the time that the police investigator is assigned to the ECRGTF-SSTF; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a renewal of the Memorandum of Understanding with the San Diego County Sheriff's Department to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). PASSED and ADOPTED this 7th day of April, 2020. ATTEST: Alejnohs, Mayor Michael Dalla, City Clerk APP'OVED AS Tt FORM: orris-Jone , City Attor Passed and adopted by the Council of the City of National City, California, on April 7, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-58 of the City of National City, California, passed and adopted by the Council of said City on April 7, 2020. /1 1 tion of City Clerk of the City al City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT '"FETING DATE: April 7, 2020 AGENDA ITEM NO. 3 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to sign an updated Memorandum of Understanding with the various local and federal law enforcement agencies to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide. This MOU is required to participate in the ECRGTF. PREPARED BY: Graham Young, Captain PHONE: Ext. 4514 EXPLANATION: If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Memorandum of Understanding with various law enforcement agencies to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF). The FBI and the County of San Diego oversee the task force and both require separate MOUs. This resolution is to sign the MOU with the participating agencies. The ECRGTF-SSTF will identify and target for prosecution criminal enterprise groups responsible for crimes of violence and the apprehension of dangerous fugitives where there may be a federal interest. In addition, the ECRGTF-SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The National City Police Department will continue to dedicate one Police Investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with "alaries, benefits and overtime. On qualifying cases, the FBI reimburses for overtime under a separate MOU approved by :ity Council on June 19, 2019 and approved under Resolution No. 2018-88. The duration of the MOU is ongoing, contingent Lo funding for the program. Per the City Attorney's Office, the MOU must be approved by City Council due to Indemnification clauses in the agreement. DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED. ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: MOU ,4 »'ldrsr 710. 6A9 -51e MEMORANDUM OF UNDERSTANDING FOR THE EAST COUNTY REGIONAL GANG TASK FORCE 1. PARTIES TO THE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF EL CAJON, the CITY OF LA MESA, the CITY OF NATIONAL CITY ("CITIES"), the U. S. DEPARTMENT OF HOMELAND SECURITY ("DHS"), the U. S. DEPARTMENT OF THE TREASURY ("DT"), the U. S. DEPARTMENT OF JUSTICE ("USDOJ"), and the CALIFORNIA HIGHWAY PATROL ("CHP"), collectively the "PARTIES", for program support of the East County Regional Gang Task Force ("ECRGTF"). 1.1 Party Departments or Agencies Participating in the MOU 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF"), and the District Attorney's Office ("DA"). 1.1.2 For the CITIES, participating agencies are their respective police departments. 1.1.3 For the DHS, participating agency is the Homeland Security Investigations, San Diego ("HSI"). 1.1.4 For the USDOJ, participating agency is the Federal Bureau of Investigation ("FBI") and the U. S. Attorney's Office, Southern District of California ("USAO"). 1.1.5 For the DT, participating agency is the Internal Revenue Service (IRS). 1.1.6 The CHP does not have a subordinate agency, bureau, section, or department participant. The services and obligations of PARTIES and their participating departments or agencies are set forth herein. 2. PURPOSE AND MISSION 2.1 The purpose of this MOU is to formalize the framework of cooperation, coordination, and collaboration between all PARTIES of the ECRGTF. This MOU also addresses the USDOJ designation of Safe Streets Task Force ("SSTF") as applied to the ECRGTF with the 2008 inclusion of the FBI as a PARTY. The requirements of the USDOJ/FBI designated SSTF are set forth in the below paragraphs and incorporated herein. 2.2 The mission of the ECRGTF is to identify and target for prosecution organized criminal groups and their members who are responsible for: crimes of violence, including, but not limited to murder, robbery, aggravated assault; drug trafficking, money laundering, alien smuggling, human trafficking; and other criminal activity to benefit the organization or criminal street gang through acquisition of wealth and power. The ECRGTF will utilize criminal intelligence analysts and crime analysis resources of the PARTIES in an effort to identify criminal enterprises and criminal street gangs with an emphasis on identification, arrest, and prosecution of members and associates of violent street gangs and criminal organizations, and the dismantling and disruption of said organizations. 3. PARTICIPANTS ECRGTF will be comprised of SHERIFF deputies, CITIES police officers; CHP officers; DA investigators; FBI, HSI, and IRS agents; and, prosecuting attorneys from the DA and the USAO. 4. EXECUTIVE COMMITTEE ECRGTF shall be headed by an Executive Committee. Members of the committee will include a Chief Executive Officer (CEO) or his or her designee from each of the PARTIES. These members shall meet annually to discuss operations and provide oversight and guidance to the Coordinating Committee. Additional meetings may be convened at the request of any PARTY as necessary. 5. COORDINATING COMMITTEE The Coordinating Committee will consist of representatives from each PARTY as designated by the CEO/executive committee member of that PARTY. The Coordinating Committee will assist the Task Force Coordinator (TFC) in: a) obtaining resources including funds, personnel, equipment, vehicles and other items required to support the overall mission; b) developing administrative procedures and investigative objectives and strategies; and, c) preparing reports for presentation to the Executive Committee. The Coordinating Committee shall meet as necessary. 6. TASK FORCE COORDINATOR The TFC is designated as a SHERIFF'S lieutenant assigned to the Narcotics and Gang Division of the San Diego County Sheriffs Department. The TFC is directly accountable to the Executive Committee. The TFC will interact with TFCs of other Violent Crimes Task Forces. The TFC will prepare a monthly written report of ongoing and completed investigations for dissemination to the Executive and Coordinating Committees. The Special Agent in Charge (SAC) of the FBI San Diego Division shall designate one Supervisory Special Agent (SSTF Supervisor) to supervise the federal investigations and the administrative components of the SSTF. The SSTF Supervisor shall oversee day-to-day operational and investigative matters pertaining to the SSTF. 2 7. ISSUE RESOLUTION Operational issues should be resolved at the lowest level possible beginning with investigators and primary supervisors. If no mutually acceptable resolution is possible, the TFC will present the issue to the Coordinating Committee for resolution. Conduct undertaken outside the scope of an individual's Task Force duties and assignments under this MOU shall not fall within the oversight responsibility of the TFC, Task Force Supervisor, or the SSTF Supervisor. 8. PERSONNEL 8.1 Investigators The components of the ECRGTF will be staffed by personnel recommended for assignment to the task force by each PARTY. If the TFC has cause to replace an individual, the issue will be discussed with the PARTY representative to the Coordinating Committee. If the PARTY in question does not concur with the decision of the TFC, the issue will be forwarded to the Coordinating Committee for a final decision. SSTF funded positions will be awarded to the ECRGTF based upon need and availability, at the discretion of FBI Headquarters and the FBI San Diego Field Office SAC. PARTIES may rotate their assigned investigators as necessary to comply with their agencies' policies and procedures. Each PARTY will supply its own personnel with the equipment necessary to perform ECRGTF operations under this MOU, to include, but not limited to: • A fully maintained undercover vehicle • A radio capable of communicating with the PARTY'S communications system • A cellular phone • All safety equipment including firearms(s) and body armor 8.2 Clerical SHERIFF will provide one Office Assistant and FBI will provide one Operational Support Technician to facilitate normal administrative and clerical duties associated with the ECRGTF. 8.3 Payroll PARTIES will pay the regular and overtime salaries and benefits of its personnel assigned to the ECRGTF. Overtime may be reimbursable to PARTIES through the federal SSTF budgeted assignments and other federal or state grants currently funding 3 special operations. Further, each PARTY's personnel will report to his or her respective agency for personnel and administrative matters. 8.4 Agency Commitment Each PARTY will provide the following staff: • San Diego County Sheriffs Department One full-time lieutenant (Task Force Coordinator) One full-time sergeant (Task Force Supervisor) Six full-time detectives • San Diego County District Attorney One full-time investigator One prosecuting deputy district attorney (DDA) • El Cajon Police Department One full-time detective • La Mesa Police Department One full-time detective • National City Police Department One full-time detective • California Highway Patrol One full-time investigator • U. S. Attorney's Office, Southern District of California One liaison assistant U. S. Attorney (AUSA) • U. S. Department of Homeland Security One full-time HSI special agent • U. S. Department of Justice One full-time FBI supervising special agent (SSTF Supervisor) Seven full-time FBI special agents • U. S. Department of the Treasury One full-time IRS special agent 9. INVESTIGATIVE STRATEGY The routine investigative strategy regarding case development and direction will be the responsibility of the TFC. The DA and USA() should be consulted regularly for legal opinions and guidance. It is intended that full use be made of the "vertical prosecution" 4 process and mandatory sentencing laws. This is interpreted to mean that PARTIES will communicate with the assigned attorney at the earliest logical moment in an investigation to coordinate and build a case from inception through final adjudication. 10. PROSECUTION STRATEGY ECRGTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. Criminal cases which present only violations of California law shall be presented to the DDA assigned to the ECRGTF. Criminal cases which present only violations of federal law shall be presented to the AUSA designated to the ECRGTF. Cases which present violations to both state and federal statutes shall be presented to the DDA and the AUSA to determine the appropriate venue in which to prosecute the case. 11. HOUSING SHERIFF will provide housing for the ECRGTF, to include routine maintenance and repairs, water and power service and, custodial and telephone services. 12. EQUIPMENT The TFC will be responsible for the procurement, allocation, and inventory of equipment. The Coordinating Committee will provide support as required. Equipment loaned to ECRGTF by any PARTY will be inventoried and returned to the loaning PARTY if the ECRGTF disbands or if PARTY ends its participation. 13. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 13.1 For the purposes of this section 13, the term PARTY and PARTIES does not include the DHS, the DT through the IRS, and the USDOJ through the FBI and through the USAO. 13.2 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/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 COUNTY or any contract labor provider retained by the COUNTY, 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 COUNTY or any contract labor provider retained by the COUNTY. 5 13.3 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, 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 that respective agency or any contract labor provider retained by that respective 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 that respective agency or any contract labor provider retained by that respective agency. 13.4 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, 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 that respective agency or any contract labor provider retained by non - County party, 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 that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 14. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 14.1 For the purposes of this section 14, the term PARTY and PARTIES does not include the DHS, the DT through the IRS, and the USDOJ through the FBI and through the USAO. 14.2 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this MOU hereby agrees to defend and indemnify the other PARTIES to this MOU, 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 MOU. 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 MOU. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 6 14.3 Claims Arising From Concurrent Acts or Omissions Each PARTY hereby agrees to defend itself from any claim, action, or proceeding arising out of its own concurrent acts or omissions. In such 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 14.4 below. 14.4 Joint Defense Notwithstanding paragraph 14.2 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 section 14.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 14.5 Reimbursement and/or 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. 15. GENERAL PROVISIONS 15.1 Independent Contractor Status 15.1.1 In the performance of services under this MOU, each PARTY acknowledges and agrees that it and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of any other PARTY. All personnel provided by a PARTY under this MOU are under the direct and exclusive supervision, daily direction, and control of that PARTY and that PARTY assumes full responsibility for the actions of such personnel in the performance of services hereunder. 15.1.2 Each PARTY acknowledges and agrees that no other PARTY controls the manner and means of performing the work of their officers, agents or employees who perform ECRGTF program Operations, nor does any other PARTY have the right to hire or fire such officers, agents or employees. 15.1.3 Each PARTY has no authority of any kind to bind any other PARTY, nor shall any PARTY act or attempt to act, or represent itself directly or by implication as an agent of any other PARTY, or in any manner assume or 7 create or attempt to assume or create any obligation on behalf of or in the name of any other PARTY. 15.1.4 Task Force personnel who are deputized under either Title 18 or Title 21 Special Deputation Authority, which may include Task Force Officers, Task Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations Investigative Guidelines (DIOG). Additionally, they must adhere to the FBI's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 16. STANDARD OPERATING PROCEDURE (SOP) All ECRGTF members shall: 16.1 Review and abide by the SOP manual prepared by the Coordinating Committee with oversight from the Executive Committee. 16.1.1 The SOP shall specify policies and procedures for the ECRGTF. 16.2 It is agreed that matters designated to be handled by the ECRGTF will not knowingly be subject to non-ECRGTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the ECRGTF's existence and areas of concern. 16.3 It is agreed there is to be no unilateral action taken on the part of the any participating agency relating to ECRGTF investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing and closing federal SSTF investigations in accordance with existing FBI policy and the applicable U.S. Attorney General Guidelines. 16.4 ECRGTF personnel will have equal responsibility for each case assigned. ECRGTF personnel will be responsible for completing investigations from predication to resolution. 16.5 ECRGTF personnel will be responsible for complying with their respective agency's policies and procedures. All PARTIES shall not: 16.6 Use resources/personnel for any purpose that knowingly violates California Senate Bill 54 (the California Values Act) while engaged in task force related investigations. 8 16.7 Use of Less -Than -Lethal -Devices 16.7.1 The parent agency of each individual assigned to the ECRGTFF will ensure that while the individual is participating in the task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less -lethal devices that the agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 16.8 Deadly Force and Shooting Incident Policies 16.8.1 SSTF personnel will follow their own agencies' policies concerning firearms discharge and the use of deadly force. 16.9 Deputations 16.9.1 Local and state law enforcement personnel designated to the ECRGTF as SSTF officers, subject to a limited background inquiry, shall be sworn as federal task force officers either by acquiring Title 21 or Title 18 authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the ECRGTF or until the termination of the ECRGTF, whichever comes first. 16.9.2 Deputized SSTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. 17. VEHICLES 17.1 In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official SSTF business, however only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to participating agency SSTF personnel will require the execution of a separate Vehicle Use Agreement. 17.2 The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 17.3 The FBI and the United States will not be responsible for any tortious act or omission on the part of each participating agency and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by participating agency SSTF personnel, except where liability may fall under the 9 provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 17.4 The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by participating agency SSTF personnel while engaged in any conduct other than their official duties and assignments under this MOU. 17.5 To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by participating agency SSTF personnel which is outside the scope of their official duties and assignments under this MOU. 18. FUNDING This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. 19. ASSET FORFEITURE The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunction with SSTF investigations. Asset forfeitures will be conducted in accordance with Federal law, and the rules and regulations set forth by the FBI and Department of Justice (DOJ). Forfeitures attributable to SSTF investigations may be distributed among the participating agencies according to prior agreement between all member agencies based on a percentage ratio of member agency staff participating in the investigation versus the total number of staff participating in the investigation. Forfeitures attributable to the Department of the Treasury deemed by the United States Attorney's Office and the Internal Revenue Service to be shared with the local agencies will be distributed among the participating agencies according to prior agreement between all member agencies. Forfeitures attributable to cases managed at the local level will be distributed among the participating agencies according to prior agreement between all member agencies. 20. MEDIA All press releases pertaining to the ECRGTF will be mutually agreed upon and jointly handled according to participating agency guidelines. 10 21. TERM OF AGREEMENT The original MOU was effective January 9, 2006 and subsequently updated and replaced by the MOU effective January 4, 2013. This MOU, upon approval by the Executive Committee, shall be the governing document under the following provisions: 21.1 Initial Term The term of this MOU shall be retroactive to midnight on January 1, 2020, and shall continue until terminated pursuant to section 21.2 below. 21.2 Option to Extend Upon the mutual agreement of COUNTY and any PARTY, this Agreement may be renewed for successive one (1) year periods. Renewal or extension of the Agreement beyond December 31, 2022 shall be subject to a time extension approved by PARTIES. Any PARTY that does not agree to renew shall terminate its participation at the end of the term of this Agreement. 21.3 Termination Subject to the applicable provisions of state law, any PARTY may terminate its participation in this MOU upon ninety (90) days' minimum written notice to the other PARTIES. 22. ANNUAL REPORT One year from the commencement date of the original MOU, and annually thereafter, the TFC will present a report to the Executive Committee detailing the efforts of the ECRGTF in meeting its purpose and mission. 23. ADDING AGENCIES Additional agencies requesting inclusion to the ECRGTF will be recognized by signing this agreement as an addendum to the MOU. 24. OBLIGATION This MOU shall be binding upon the successors of the PARTIES. 25. COUNTERPARTS This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. 11 26. CALIFORNIA LAW This MOU 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 approve and agree to the terms of this MOU, such MOU being effective January 1, 2020 and executed on this day of , 2019. COUNTY OF SAN DIEGO CALIFORNIA HIGHWAY PATROL SHERIFF'S DEPARTMENT BORDER DIVISION William D. Gore Omar Watson Sheriff Division Chief CITY OF EL CAJON FEDERAL BUREAU OF INVESTIGATION Graham Mitchell City Manager Scott Brunner Special Agent in Charge San Diego Field Office INTERNAL REVENUE SERVICE LA MESA POLICE DEPARTMENT Ryan L. Korner Walt Vasquez Special Agent in Charge Chief Los Angeles Field Office NATIONAL CITY POLICE SAN DIEGO COUNTY DISTRICT DEPARTMENT ATTORNEY Jose Tellez Summer Stephan Chief District Attorney U. S. ATTORNEY'S OFFICE U. S. HOMELAND SECURITY INVESTIGATIONS Robert S. Brewer, Jr. U. S. Attorney Southern District of California 12 Timothy J. Tubbs Special Agent in Charge Approved as to form and legality: THOMAS E. MONTGOMERY COUNTY COUNSEL COUNTY OF SAN DIEGO Mark Day Senior Deputy 13 RESOLUTION 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO SIGN A RENEWAL OF THE MEMORANDUM OF UNDERSTANDING WITH THE VARIOUS LOCAL AND FEDERAL LAW ENFORCEMENT AGENCIES TO PARTICIPATE IN THE EAST COUNTY REGIONAL GANG TASK FORCE (ECRGTF) — SAFE STREETS TASK FORCE (SSTF) WHEREAS, a Memorandum of Understanding ("MOU") with the San Diego County Sheriff's Department is required for the National City Police Department to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF); and WHEREAS, the FBI and the County of San Diego County Sheriff's Department oversee the task force and both require separate MOUs; and WHEREAS, the ECRGTF-SSTF identifies and targets criminal enterprise groups responsible for crimes of violence for prosecution and the apprehension of dangerous fugitives where there may be a federal interest; and WHEREAS, the ECRGTF-SSTF will enhance the effectiveness of the federal, state, local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime; and WHEREAS, the National City Police Department will continue to dedicate one Police Investigator to the task force who will be provided the use of a FBI -owned vehicle during the time that the police investigator is assigned to the ECRGTF-SSTF; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a renewal of the Memorandum of Understanding with the San Diego County Sheriffs Department to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). PASSED and ADOPTED this 7th day of April, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney o rn• • ► ryH I �O`0• CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk VARIOUS DEPARTMENTS AND AGENCIES East County Regional Gang Task Force MOU Rosie Machado (Police) forwarded the MOU for processing; the original partially executed Agreement signed by Chief Tellez is retained in the City Clerk's Office.