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Home My WebLink About09 P.D. M.O.U. 11-06-00AGENDA REP'"RT NO. 09 11-06-00 .. MEETING DATE: NOVEMBER 6, 2000 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT MEMORANDUM OF AGREEMENT (MOA) SUMMARY The Police Department is desirous of entering into an inter-organizational agreement to expedite the apprehension and prosecution of gang members. This agreement must be authorized by the City Council. RECOMMENDATION That City Council authorizes the Chief of Police to enter into a multi-agency agreement targeting gangs and gang suspects. FISCAL IMPACT None BACKGROUND The Orange County District Attorney's office, the Orange County Probation Department, and the Police Department wish to establish a multi-agency task force to "target" gangs and gang members. This task force or "target team" brings three agencies together and better focuses their efforts through enhanced communications and mutual decision making. Target Teams have been used in the past by various criminal justice components to attack specific types of crimes and violators. The Auto Theft Task Force of Orange County (OCATS) has been very successful at reducing the number of professional car thefts operating in the county. Criminals, once identified, are vigorously prosecuted because the combined efforts of three agencies build the strongest cases possible. Gangs, with their propensity for violence, their unique misguided sense of brotherhood, and their common ethnic backgrounds provide a difficult challenge for the law enforcement community. Our response has been to establish these multi-agency task forces dealing with specific gangs and specific gang leaders. Mr. William A. Huston, City Manager Memorandum of Agreement (MOA) November 6, 2000 Page 2 It is commonly accepted that 6 to 8 percent of the crooks commit about 60 percent of the crime. Targeting, arresting, and successfully prosecuting these criminals lead to longer prison sentences and a safer community. We strongly support this proven approach to take repeat offenders off the street and put them in prison. We have one of the premier gang units in Orange County. This will make it even better. The parameters of the agreement are outlined in the attached document, which has been reviewed and approved by the City Attorney's office. STEVE FOSTER Chief of Police SF:FS:et Attachment F' ec e.l. vecl: 10/23/00 15:29; 0CT-2t-2000(MON) 15:Iff -> TUSTIN POLICE DEPT; Page 7 P, 007/009 MEMORANDUbiOF AGREEM le. NT PERTAINING TO __ TUSTIN TARGET TEAM This Memorandum of Agreement (MOA.), entered into on thc date In-st written below, which date is stated for purposes of reference only, is between the County of Orange, hereinafter called "COUNTY", and the City of Tustin, hereinafter called "CITY", and pertains to thc Tustin TARGET Team, which previously was established jointly by the Tustin Police Department, thc Orange County District Attorney and the Orange County Probation Department. WITNESSETH: WHEREAS, the Tusfin Police Dcpamnent, the Orange County District Attorney and thc Orange County Probation Department have established the Tustin TARGET Team, a cooperative effort, involving personnel from all three agencies, to combat gang violence in Tustin, WHE~AS, the Tustin TARGET Team operates from thc offices of the Tustin Police Depamnent and utilizes vehicles owned or leased by the CITY; and WHEREAS, it is necessary and appropriate COUNTY and CITY agree upon matters pertaining to property utilized by the TARGET team and liabilities that may bc incurred as a result of activities of thc TARGET Team or its members, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. LICENSE TO USE CITY REAL AND PERSONAL PROPERTY. In consideration of the promises contained herein, CITY hereby grants to COUNTY rent- free use of office space, office furniture and office equipment located in the offices of the Tustin Police Department. Said office space, furniture and equipment shall be used solely by personnel o£ the Orange County District Attorney and the Orange Couhty Probation Department while performing their assigned duties related to thc Tustin TARGET Team, and shall be adequate far pmrforrnanc¢ of said duties. The precise location, size and type of said office space, office furniture and office equipment will be determined by thc Tustin Police Chief, CITY shall supply all repair, maintenance and janitorial supplies and services to said premises and shall bc responsible for all charges for utilities supplied to said premises. · 2. PERMISSION TO USE CITY VEHICLES. In consideration of the promises contained herein, CITY hereby grants [o COUNTY permission for personnel of the Orange County District Attorney and Orange County Probation Dcpaxtmcnt to operate and to ride as passengers in vehicles owned or leased by CITY, while performing their duties related to the Tustin TARGET Team. CITY shall supply all repair and malntcnancc services for said vehicles, and sh~ll pay all fuel costs for said vehicles. Page 1 o1'3 Rece .~vecl: 10/23/00 15:29; 0CT-23-2000( ION) 15'17 -> TUSTIN mqLICE DEPT; Page 8 MUTUAL INDEMNIFICATION. COUNTY shall indemnify, hold harmless and defend CITY, its officers, agents and employees from any and all cia/ms, demands, loss or liability for injury, death or damage arising out of the acts or omission to act by COUNTY officers, agents o.r employees in connection with the Tustin TARGET Team or the condition of real or personal property of COUNTY utilized in eormection with the Tusfin TARGET Team. This indemnification shall commence on the effective date of this agreement and shall continue thereafter for any and all causes of action accruing during the term of this agreement. CITY shall indemnify, hold harmless and defend COUNTY, its ofticcrs, agents and employees, from any and all claims, demands, loss or liability for injury, death or damages arising out of the acts or omissions to act by CITY officers, agents or ~nployees in connection with the Tustin TARGET Team or the condition of real or personal property of CITY utilized in connection with the Tustin TARGET Team. This indemnification shall commence on thc effective date of this agreement and shall continue thereafter for any and all causes of action accruing during the term of this agreement. 4. TERM/TERMINATION. The term or this MOA shall commence on October 24, 2000 and shall extend until terminated by either party. Either party may terminate this MOA, with or without cause, upon thirty days written notice to the other party. Obligations pertaining to indemnification for and defense of causes of action accruing during the term of this MOA shall extend beyond the termination o£this MOA until fully performed. IN WITNESS WHEREOF, the parties have executed this MEMORANDUM OF AGREEMENT in the County of Orange, State of California COUNTY OF OR.M~GE BY: DATED: Charles V. Smith Chairman of the Board of Supervisom SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUME~ HAS BEEN DELIVEPd~D TO THE CHAIR.MAN OF THE BOARD BY: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California Page 2 of 3 R, ece'ived: 10/23/00 15:20; 0CT-23-2000( I0 ) 15'17 -> TUSTIN POLICE DEPT; Page 9 P,009/009 APPROVED: ORANGE COUNTY DISTRICT ATTORNEY BY: DATED: Tony Rackauckas District Attorney APPROVED: ORANGE COUNTY PROBATION DF_2~TMENT BY: DATED: John B. Robin¢on Acting Chief Probation Officer APPROVED AS TO FORM: Laurence M. Watson, Omuge County Counsel BY: Barbara L. Stocker, Deputy DATED: CITY OF TUSTIN BY: Steve Foster Chief of Police DATED: ATTEST: BY: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E Jef£~.'=~.~ J// City Attorney DATED: Page 3 of 3