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HomeMy WebLinkAboutCM Major Crimes Task Forcecrrr of 5 , a Agenda Item No: n. Meeting Date: October 20, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Police Prepared by: Diana Bishop, Chief of Police�5 City Manager Approval SUBJECT: Recommendation to participate in the Marin County Major Crimes Task Force. (MCMCTF) RECOMMENDATION: Direct the City Manager to execute an agreement with the County of Marin, subject to approval of the City Attorney, and the County Board of Supervisors, to participate financially for a one year trial period in the Marin County Major Crimes Task Force. BACKGROUND: The City of San Rafael has been not been a member of the Marin County Major Crimes Task Force JPA since 2002. Due to fiscal constraints, the decision was made to prioritize public safety funding in other ways. It was felt that the 34 cases investigated in San Rafael in 2001 were not the best value for the money spent. In early 2014, the City and County created an "Ad hoc City/County Liaison Committee", consisting of Mayor Phillips and Councilmember Connolly, and two members of the Board of Supervisors. The City's members of this Committee brought forward a request to the City Manager to consider participation in the Marin County Major Crimes Task Force. ANALYSIS: Participation in the MCMCTF brings the City of San Rafael more in line with our goal of regional cooperation. Participation allows the MCMCTF to officially work cases within the City of San Rafael. A stated goal of the MCMCTF is the "detection, apprehension, and prosecution of major crimes, including highly mobile criminal narcotic trafficking, to reduce major narcotic activity and combat its influence throughout the County." The MCMCTF has merged with the Coordination of Probation Enforcement (COPE) team and the Auto Theft Task Force. All three units would be available to the San Rafael Police Department in the event of a major single event or to assist in on-going significant investigations. For example, in late 2013 and early 2014 we experienced a major uptick in gang shootings. Our investigators and staff were operating at maximum capacity. We had work that could have been done by Task Force personnel but were unable to use them because we are not participants. We FOR CITY CLERK ONLY File No.: 4 -to -iI41 14 y -?I - 10 Council Meeting: (c7bCIAOI 4 Disposition: 4 PPp-du,,j SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 were, however, able to obtain the services of two Marin County Sheriff's Deputies for an extended period of time to assist in our efforts at gang violence suppression. Since San Rafael left the MCMCTF we have been able to operate as a full service police department effectively using our internal resources. Our Street Crimes Unit (SCU) is charged with the enforcement of narcotics related offenses. SCU has, and continues to do, a stellar job in both the number of arrests made for narcotics related offenses, as well as the quality of investigations. Because of our department's size and level of expertise, we are able to investigate complex and large scale incidents internally. Participation in the MCMCTF would add another component to our department's enforcement and investigative strategies. While there are clearly benefits to this participation, there are also significant costs. Therefore, it is prudent to establish a one year trial agreement and at the end of the time frame, evaluate the success of the new agreement against the costs. If there is interest in continuing, an ongoing source of funds will need to be identified. With City Council direction, the City Attorney's Office will draft an agreement and work with County Counsel to bring this to the Board of Supervisors for approval. The commencement date of participation will depend on the timing of these actions, but it is anticipated that it could be within the next 60-90 days. FISCAL IMPACT: The annual cost to participate is estimated to be $125,000 to $140,000. One-time extra revenues are available this current fiscal year which are sufficient to participate for a one year trial. The funds will come from the General Fund. ACTION REQUIRED: Direct the City Manager to execute an agreement, subject to approval of the City Attorney, and the County Board of Supervisors, to participate financially for a one year trial period in the Marin County Major Crimes Task Force. MARIN COUNTY SHERIFF'S OF IC 1600 Los Gamos Drive, Suite 200, San Rafael, CA 94903 ROBERT T. DOYLE Sheriff - Coroner , p p R G M MICHAEL J. RIDGWAy � Ar EA CODE 415 Undersheriff D May 191h, 2015 n MAY 19 2015 24 HOUR NUMBER 479-2311 MARIN COUNTY BOARD OF SUPERVISORS FAX Marin County Board of Supervisors 473-4126 3501 Civic Center Drive, Suite 329 San Rafael, CA 94903 ADMINISTRATION 473-7250 SUBJECT: Resolution to authorize the President of the Board to sign a revised CIVIL Joint Exercise of Powers Agreement (JPA) between the County of Marin and the other member municipalities comprising the Marin 473--72827282 County Major Crimes Task Force (MCTF) COMMUNICATION SERVICES Dear Supervisors, 473-7243 RECOMMENDATION: Authorize the President of the Board to execute the CORONER revised Joint Exercise of Powers Agreement (JPA) between the County of 473-6043 Marin and the other member municipalities comprising the Marin County 473-6655 Major Crimes Task Force (MCTF), attached as Exhibit A. COURTS Agreement authorizing the reinstatement of the City of San Rafael as an 473-7393 SUMMARY/DISCUSSION: In 1977, the County of Marin and all of its EMERGENCY incorporated cities and towns authorized the creation of the MCTF, a SERVICES specialized undercover investigative unit comprised of specially trained 473-6584 detectives whose primary mission was to identify, prevent, and/or prosecute drug-related criminal activity occurring throughout the County of Marin. INVESTIGATIONS 473 7265 In 2002, the City of San Rafael elected to withdraw from participation in the MCTF JPA, but earlier this year signaled their intention to once again become )AIL a member municipality. On February 9', 2015, the MCTF's Oversight 473-6655 Committee unanimously approved an amended Joint Exercise of Powers MAJOR CRIMES Agreement authorizing the reinstatement of the City of San Rafael as an TASK FORCE MCTF member agency. 884-4878 In addition, the Oversight Committee also addressed several other areas of PATROL the JPA Agreement they believed were in need of revision, which included 473 7233 amending the list of law enforcement agencies authorized to act as the 73 "Designated Police Agency," which now includes the Marin County Sheriff's RECORDS473284 7 Office, the Novato Police Department, the Central Marin Police Authority, and 47284 the San Rafael Police Department. The Oversight Committee also moved to WARRANT; 473-7297 "In Partnership with our Communities" www.rnarinsheriff.org 2_ RESOLUTION NO. 2015-54 RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS AUTHORIZING THE PRESIDENT OF THE BOARD TO SIGN A REVISED JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE OTHER MEMBER MUNICIPALITIES COMPRISING THE MARIN COUNTY MAJOR CRIMES TASK FORCE WHEREAS, a Joint Exercise of Powers Agreement (JPA) entered into in 1977 between the County of Marin and all 11 incorporated cities and towns authorized the creation of the Marin County Major Crimes Task Force (MCTF), a specialized undercover investigative unit comprised of specially trained detectives whose primary mission was to identify, prevent, and/or prosecute drug-related criminal activity occurring throughout the County of Marin; and. WHEREAS, in FY 2002-2003 the City of San Rafael elected to withdraw from participation in the MCTF JPA, but in FY 2014-2015 signaled a desire to rejoin; and WHEREAS, On February 9th, 2015, the MCTF's Oversight Committee unanimously approved an amended Joint Exercise of Powers Agreement authorizing the reinstatement of the City of San Rafael as an MCTF member agency, amended the list of law enforcement agencies authorized to act as the "Designated Police Agency," to now include the Marin County Sheriff's Office, the Novato Police Department, the San Rafael Police Department and the Central Marin Police Authority, authorized, subject to Oversight Committee approval and certain limitations, that a member agency may assign an officer to the MCTF in order to satisfy their annual member contribution, and increased the MCTF's general liability insurance limits to $2,000,000 dollars. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors for the County of Marin hereby authorizes the President of the Board to sign the revised Joint Exercise of Powers Agreement between the County and each participating MCTF JPA member. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 19th day of May, 2015, by the following vote: AYES: SUPERVISORS Judy Arnold, Steve Kinsey, Damon Connolly, Kathrin Sears, Katie Rice NOES: NONE ABSENT: NONE ATTEST: Y&iw E UTY CLLR 4D;�� PRESIDENT, BOARD OF SUPERVISORS Resolution No. 2015-54 Marin County Major Crimes Task Force I TE JO N XERCISE OF POWERS AGREEMENT February 9, 2015 Table of Contents Page 3 Recitals Page 4 Article 1 - General Provisions Section LI -Purpose Section 1.2 - Creation of Task Force Section 1.3 - Terms of Agreement Page 5 Article 2 - Oversight Committee Section 2.1 - Governing Board Section 2.2 -Terms of Board Page 6 Section 2.3 - Members of the Oversight Committee Section 2.4 - Voting Procedures Section 2.5 - Bylaws Section 2.6 - Chairperson and Vice -Chairperson Section 2.7 - Secretary Page 7 Section 2.8 - Powers and Duties of Oversight Committee Page 8 Article 3 - Task Force Section 3.1 - Designation of the Task Force Section 3.2 - Powers of the Task Force Section 3.3 - Organization of Task Force within the Designated Policy Agency Section 3.4 - Assignment of Personnel to the Task Force Page 9 Section 3.5 - Operational Control Section 3.6 - Exercise of Task Force Powers in Nonmember Jurisdiction Page 10 Section 3.7 - Investigation of Specific Local Problems Section 3.8 - Administrative Support for the Task Force Page 11 Article 4 - Fiscal Matters Section 4.1 - Annual Budget Section 4.2 - Controller/Treasurer Section 4.3 - Member Contributions Page 12 Section 4.4 - Contributions In -Kind Section 4.5 - Funds and Accounts Section 4.6 Investments Page 13 Section 4.7 - Procedure for Approval of Demands Section 4.8 - Property Records and Control Section 4.9 - Bonding Page 14 Article 5 - Insurance and Indemnity Section 5.1 - Indemnity Section 5.2 - Liability Insurance Section 5.3 - Uninsured Claims and Losses Page 15 Section 5.4 - Workers' Compensation Insurance Section 5.5 - Apportionment Section 5.6 - Exception Page 16 Section 5.7 - Claims Handling Page 17 Article 6 - Withdrawal Section 6.1 -Notice Section 6.2 - Rights and Obligations Page 18 Article 7 - Termination Section 7.1 - Required Notice Section 7.2 - Distribution of Assets 1 Page 19 Article 8 — Miscellaneous Section 8.1 — Definitions Page 20 Section 8.2 — Legal Counsel Section 8.3 — Dispute Resolution Section 8.4 — Amendment Section 8.5 — Execution in Counterparts Page 20-22 Member Signature Pages MARIN COUNTY MAJOR CRIMES TASK FORCE JOINT EXERCISE OF POWERS AGREEMENT RECITALS: The COUNTY OF MARIN (hereinafter "COUNTY") and the CITIES/TOWNS OF BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, SAN ANSELMO, SAN RAFAEL and TIBURON (hereinafter "MEMBER AGENCIES") have authority to perform law enforcement functions for their respective communities and desire to help each other in the detection, investigation and apprehension of major crimes, including highly mobile criminal narcotic trafficking, thus reducing major narcotic activity and combating its influence throughout the County., MEMBER AGENCIES are authorized to contract with each other for the joint exercise of any common power pursuant to California Government Code Sections 6500-6514. MEMBER AGENCIES are authorized to conduct activities in a manner set forth in California Penal Code Section 830.1. 4. MEMBER AGENCIES previously entered into a Joint Exercise of Powers Agreement in 1979 for the purpose of creating a Major Crimes Task Force. That Joint Exercise of Powers Agreement and its subsequent amendments were repealed and replaced through the adoption of an updated Joint Exercise of Powers Agreement on July 1, 1985. That 1985 Joint Exercise of Powers Agreement and its subsequent amendments were repealed and replaced through the adoption of updated Joint Exercise of Powers Agreements in 1995, 2009, and on August 21, 2012. Those Joint Exercise of Powers Agreements are hereby terminated and replaced through the adoption of this Joint Exercise of Powers Agreement. Notwithstanding the foregoing, the July -August, 2009 Addendum to Joint Powers Agreement with the Cl 1P shall remain in full force and effect. MEMBER AGENCIES, THEREFORE, MUTUALLY AGREE AS FOLLOWS: ARTICLE I GENERAL PROVISIONS Section 1.1 Purroose. (a) The purpose of this Agreement is the joint funding and policy direction of a unit of peace officers and support personnel, herein called the Marin County Major Crimes Task Force (hereinafter "Task Force"), for investigation, detection and apprehension in connection with major crimes including highly mobile criminal narcotic traffickers thus reducing major narcotic activity and combating its influence throughout the County. (b) It is understood by the parties to this Agreement that the Task Force will function as an adjunct to the basic police services provided by the individual police agencies and is not intended to supplant existing local police services. It will be funded and staffed only to the extent that the general budgets of the member agencies and supplemental funding sources are able and available. Section 1.2 Creation of Task Force. (a) There is hereby created a public entity to be known as the Marin County Major Crimes Task Force, herein called the "Task Force." The Task Force is a public entity separate and apart from the member cities and county and shall administer this Agreement. (b) Exercise of the common powers of the parties hereto shall be subject to such restrictions as may exist for each of them independently. Section 1.3 Terms of Aereement. This Agreement shall be effective upon the date the Agreement is last executed by the parties as attested by the signatures of the Mayor and Clerk of each city/town and of the President of the County Board of Supervisors and shall continue in effect until terminated as herein provided. ARTICLE 2 OVERSIGHT COMMITTEE Section 2.1 Government Board. (a) The Task Force shall be administered by a Board of Directors consisting of nine members, one to be a City Councilmember appointed by the Marin County Council of Mayors and Councilmembers, one to be a member of the Marin County Board of Supervisors appointed by the President of the Board of Supervisors; two to be City Managers appointed by the Marin Managers Association; one to be the Marin County Administrator; two to be Chief Law Enforcement Officials appointed by the Marin County Police Chiefs Association; and two to be residents of Marin County who are not members of any City Council or the Board of Supervisors, not the County Administrator and not a city manager or chief law enforcement official in Marin County. One resident member shall be appointed by the Marin County Council of Mayors and Councilmembers, and one resident member shall be appointed by the Marin County Board of Supervisors. (b) Each appointing agency may appoint an alternate board member who may act in the absence of a board member appointed by that agency. The Marin County Administrator may designate an alternate who may act in his or her absence. (c) The Board of Directors shall be called the "Oversight Committee." All voting power of the Task Force shall reside with the Oversight Committee. Section 2.2 Terms of Office. (a) The Marin County Administrator shall serve as long as he or she holds the position of County Administrator. All other members of the Oversight Committee shall serve terms of two years. (b) The City Councilmember, one City Manager, one Chief Law Enforcement Official, and the resident appointed by the Board of Supervisors shall serve terms beginning January 1 of even numbered years. (c) The County Supervisor, one City Manager, one Chief Law Enforcement Official, and the resident appointed by the Marin County Council of Mayors and Councilmembers shall serve terns beginning January I of odd numbered years. (d) Members may be reappointed without limitation. (e) All vacancies on the Oversight Committee shall be filled by the appointing entity as soon as possible to complete the unexpired tern of the Committee member being replaced. 5 Section 2.3 Members of the Oversight Committee. The Oversight Committee shall provide for regular quarterly meetings at a fixed date, time, and place. All regular and special meetings shall be called, noticed, and conducted in accordance with the provisions of Section 54950, et seq., of the California Government Code. Section 2.4 Votine Procedures. (a) A quorum shall consist of at least a majority of the voting members of the Oversight Committee and shall be required for all meetings of the Oversight Committee. (b) All decisions and actions shall be by a majority vote of a quorum. (c) Each member of the Oversight Committee shall have one vote. Section 2.5 Bylaws The Oversight Committee may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings and affairs as are necessary for the purposes hereof. Section 2.6 Chairperson and Vice-Chaimerson. (a) The Oversight Committee annually shall elect a Chairperson and Vice - Chairperson from among its members for one year terms beginning January 1. The Chairperson and Vice -Chairperson shall not serve more than two consecutive one-year terms. (b) The Chairperson shall sign all contracts on behalf of the Task Force and shall perform such other duties as may be imposed by the Oversight Committee. (c) The Vice -Chairperson shall perform all of the Chairperson's duties in the temporary absence of the Chairperson. Section 2.7 Secretary. (a) The Chief Law Enforcement Official of the designated policy agency, pursuant to Section 3.1(a), shall serve as Secretary to the Oversight Committee. The Secretary shall cause minutes to be kept of Oversight Committee meetings and shall cause a copy of the minutes to be forwarded to each member of the Oversight Committee and to each member agency as soon as possible after each meeting. (b) The Secretary shall cause a copy of this Agreement to be filed with the Secretary of State and the State of California pursuant to Section 6505.3 of the California Government Code. Section 2.8 Powers and Duties of the Oversiaht Committee. Policy direction of the Task Force shall be vested in the Oversight Committee. The Oversight Committee shall have the duty and power: (a) To review and determine that program priorities, policies, operational scope, size and budget of the Task Force. (b) To monitor and report to member agencies and appointing associations or legislative bodies on operations of the Task Force. (c) To monitor the operations and supervision of the Task Force by the Designated Policy Agency to assure that the Task Force targets major crimes violators and that incursions on -civil rights and injury to innocent persons are avoided. (d) To provide direction to the Designated Police Agency regarding Task Force activity in a non-member municipality and regarding requests from the Chief Law Enforcement Official of a member agency for assignment of all or part of the Task Force to investigate a specific local problem. (e) To designate the Control ler/Treasurer of the Task Force. (f) To designate the policy agency to run the Task Force. (g) To adopt such policies and regulations that in its judgment may be of value in providing adequate direction for financial and administrative matters to carry out the provisions of this Agreement. (h) To enter into contracts for services as authorized in the Task Force's budget. (i) To establish policies and procedure for the allocation and use of asset forfeiture funds consistent with applicable State and Federal law and with the purposes of this Agreement. ARTICLE 3 TASK FORCE Section 3.1 Designation of the Task Force. The Oversight Committee shall designate the police agency of one of the MEMBER AGENCIES as the Designated Police Agency under this Agreement. The Task Force established pursuant to Section 1.1 of this Agreement shall be comprised of personnel from the Designated Police Agency and personnel from police agencies of such other MEMBER AGENCIES as the Oversight Committee may vote to include as Task Force personnel. It is agreed by the parties to this Agreement that the Designated Police Agency shall be one of the following police agencies: Marin County Sheriff's Office, Central Marin Police Authority, Novato Police Department or the San Rafael Police Department, since these four agencies are large enough and best suited to handle the functions of a Major Crimes Task Force. Section 3.2 Powers of the Task Force. In carrying out the purpose of this Agreement as set forth in Section LI herein, a peace officer member of the Task Force shall be and is hereby deemed to have prior consent, within the meaning of Penal Code Section 830. 1, of the Chief Law Enforcement Official of each member agency, or the person authorized by the Chief Law Enforcement Official, to exercise peace officer authority within the boundary of every party hereto, and said peace officer is hereby empowered to act in the same manner and to exercise the same powers as any peace officer of said party; and his or her actions shall be governed by the laws of the State of California and the generally accepted practices and procedures for law enforcement of the designated police agency. Section 3.3 Organization of the Task Force within the Designated Police Ate. (a) The Task Force shall be established as a separate organizational entity within the Designated Police Agency, allowing for multi jurisdictional participation. Separate budget, income and expense records, equipment inventories, and fund accounts for the Task Force shall be maintained by the City or County whose police agency manages and supervises the Task Force. (b) The Task Force shall not be used to supplant any service or service deficiencies of the Designated Police Agency, but shall remain totally focused on its mutually agreed upon countywide purpose. Section 3.4 Assignment of Personnel to the Task Force. (a) The Designated Police Agency shall have sole responsibility for selecting and the right to select which of its own employees will perform Task Force assignments and be members of the Task Force. The Designated Police Agency shall have M sole responsibility for disciplining and removing its own employees in compliance with applicable policies and procedures of the Designated Police Agency. Should the Oversight Committee vote to allow personnel from another MEMBER AGENCY to participate in the Task Force to satisfy their annual member contribution, that MEMBER AGENCY shall select its own employee(s) to be members of the Task Force. The Task Commander or his or her designee may participate in the employee selection process if agreed to by both parties. The MEMBER AGENCY shall have sole responsibility for disciplining and removing its own employee(s) in compliance with applicable policies and procedures of the member agency. The Designated Police Agency shall consent to the selection of employees from another MEMBER AGENCY to work on the Task Force. If consent is denied the Oversight Committee shall vote on the proposed selection at a regularly scheduled meeting. The Oversight Committee decision shall be final. (b) Personnel serving in the Task Force, while governed by the rules and regulations of the designated City or County or MEMBER AGENCY, shall be assigned to the Task Force for reasonable periods of time in order that expertise is developed and applied in accomplishing the purpose of this Agreement. (c) Assignment of personnel to the Task Force shall not be subject to any impacts of the regular operating budget of the designated police agency or member agency, since funding for the Task Force is dedicated by action of all member agencies. Section 3.5 Operational Control. Except as provided in Section 3.7, below, responsibility for the operational control, direction and administration of the Task Force shall be vested in the Chief Law Enforcement Official of the Designated Police Agency who shall be responsible for direct supervision of the Task Force and shall provide coordination with and liaison to the Oversight Committee as necessary to ensure that Task Force priorities and goals are being properly implemented. Section 3.6 Exercise of Task Force Powers in Nonmember Jurisdictions. The Task Force shall not operate in, assist, or serve municipalities in Marin County not signatory to this agreement except pursuant to direction of the Oversight Committee. In providing such direction, the Oversight Committee shall consider situations where an investigation commenced elsewhere cannot otherwise be concluded without crossing the boundaries of a non -participating jurisdiction. Section 3.7 Investigation of Specific Local Problems. In the event that a request for assistance to a MEMBER AGENCY is approved pursuant to direction of the Oversight Committee, the Chief Law Enforcement Official of the requesting City or County may assume overall supervision of Task Force members so assigned solely with respect to Task Force involvement in that specific assignment. Task Force employees so assigned shall remain under the agreed to supervision of the Chief Law Enforcement Official of the requesting City or County for the duration of the specific assignment approved by the Oversight Committee. Section 3.8 Administrative Support for the Task Force. Administrative support for the Oversight Committee shall be provided by the Designated Police Agency which shall include in its annual budget costs associated with administrative support tasks including, but not limited to, meeting notices, preparation of minutes, compliance with the Brown Act, office supplies for Task Force business, insurance, and an annual financial audit. 10 ARTICLE 4 FISCAL MATTERS Section 4.1 Annual Budget. The Designated police agency shall prepare annually and submit to the Oversight Committee by April 1 of each year, a budget for the Task Force setting forth proposed service levels, staffing expenses and anticipated grant funding or other outside funding (including, but not limited to asset forfeiture funds) and the proposed amount of Net Local Costs (total budget less grant funding and other outside funding) to be shared among the parties. After review and any modification deemed necessary by the Oversight Committee, said budget shall be adopted by the Oversight Committee and submitted to the parties hereto not later than May 1 of each year, and shall be deemed approved by the parties pursuant to their individual approval of their respective budget allocations to the Task Force for the ensuing fiscal year Section 4.2 Controller/Treasurer. The Oversight Committee shall designate the Controller/Treasurer of the Task Force who shall serve as depository and custodian of all Task Force funds and who shall perform all authorities, duties, and obligations set forth in Section 6505, 6505.5 and 6505.6 of the California Government Code. The designated Controller/Treasurer shall be responsible for the establishment of procedures for the disbursement of funds in accordance with the approved annual budget of the Task Force and shall maintain and make available to the parties hereto complete records of all income, disbursements and other financial information regarding the Task Force. These responsibilities shall include maintenance of financial records, cooperation in the preparation of an annual independent audit and preparation of reports pursuant to any and all applicable regulations for any and all funds including asset forfeiture and grant funds received by or on behalf of the Task Force. Section 4.3 Member Contributions. The contributions to be made by each party to this Agreement to fund the Net Local Costs of the Task Force shall be based on the approved budget and shall be pro- rated in accord with the following formula: a) A minimum of fifty percent (50%) of the cost of the first six (6) Task Force employees plus attendant expenses, shall be borne by Marin County; and the balance shall be borne by the participating cities prorated on a formula giving equal weight to population, using the most current annual State Department of Finance census data, and the most current total assessed valuation, as determined by the March V valuations established each year by the Marin County Assessor's Office. No change in proration of contributions specific to 4.2(a), above, shall be effected except by the written amendment to the Agreement and signed by all parties hereto. Nothing in this agreement mandates that Marin County must have a specific number of Task Force employees. Section 4.4 Contributions In -Kind. Subject to the approval of the Oversight Committee, a member agency may seek to satisfy their annual member contribution by assigning an officer to the Task Force unit and applying their fully salaried/benefitted Full Time Employee (FTE) cost as an offset to their member contribution per Section 4.3. In the event the value of the full cost FTE cost is less than the required member contribution, the member agency shall offset that difference by making a cash contribution equal to the balance owed. In the event the value of the full cost FTE is more than the member agency's required contribution, no credit shall accrue to the agency. Any request to provide in-kind contributions of staff in -lieu of a member contribution per Section 4.3 shall be for no less than one full fiscal year and shall be renewed each fiscal year thereafter, subject to the approval of the Oversight Committee. Should an agency move to terminate its in-kind contribution agreement prior to the end of a fiscal year, a prorated credit equal to I/l2`h of the member agency's total annual cash contribution shall accrue to the agency for each full month the member agency's officer was assigned to the Task Force during that particular fiscal year. The balance of any required payment necessary to meet the agency's annual member contribution per Section 4.3 shall then become immediately due to ensure solvency of the program. Section 4.5 Funds and Accounts. At a minimum, the Controller/Treasurer shall establish and maintain separate funds and/or accounts for income and disbursements from the following sources: Department of Treasury Asset forfeiture account; Department of Justice Asset forfeiture account; member contributions (Task Force operating account). Section 4.6 Investment. The Controller/Treasurer is herby authorized to invest any and all funds received by the Task Force in any investment medium authorized for local government pursuant to State law and in such investment media and in such limited amounts as may be established in the written investment policy of his or her agency. Interest earnings shall be credited to the appropriate Task Force account pursuant to Section 4.3, above, and may be used for any purpose consistent with authorized uses for which the principle amount may be used. Section 4.7 Procedure for ADDroval of Demands. The Controller/Treasurer shall implement procedures as adopted by the Oversight Committee, for the approval of all demands against the Task Force. Section 4.8 Property Records and Control. (a) The Controller/Treasurer shall maintain an inventory of all capital equipment and other property contributed for Task Force use by any party hereto or by any other person or organization and of all capital equipment purchased with Task Force funds, including, but not limited to, funds contributed by parties to this Agreement, grant funds, and asset forfeiture funds. (b) The Secretary shall have charge of, handle and have access to all records of the Task Force, other than those financial records under the control of the Controller/Treasurer, and of all physical properties of the Task Force. Section 4.9 Bonding. The Oversight Committee shall designate the respective amounts of the official bonds of the Secretary and Controller/Treasurer and of such other persons who may from time to time be designated by the Oversight Committee as having charge of, handling or having access to any funds and/or property of the Task Force. L3 ARTICLE 5 INSURANCE AND INDEMNITY Section 5.1 Indemnitv. The Task Force shall defend, indemnify, and hold harmless MEMBER AGENCIES and their employees, agents and elected officials, in connection with any and all claims, lawsuits, liability, or damages arising out of Task Force activities. Section 5.2 Liabilitv Insurance. (a) A General Liability insurance policy with a minimum combined single limit of at least two million dollars ($2,000,000) and an aggregate of at least two million dollars ($2,000,000) will be maintained in force at all times, covering, at a minimum, the Marin County Major Crimes Task Force, all personnel assigned to the Task Force or engaging in Task Force activities, all MEMBER AGENCIES, and the members and alternate members of the Oversight Committee, for any liability arising out of Task Force activities. The policy shall include costs of investigation and defense as covered items. The annual premium for said insurance will be made a part of and paid from the annual budget of the Task Force. (b) A public officials liability insurance policy with a minimum combined single limit of at least one million dollars ($1,000,000) and an aggregate of at least one million dollars ($1,000,000) will be maintained in force at all times, covering, at a minimum, the members and alternate members of the Oversight Committee. The policy shall include costs of investigation and defense as covered items. The premium for said insurance will be made a part of and paid from the annual budget of the Task Force. (c) Any deductibles included in the General Liability Insurance policy shall be paid first from asset forfeiture funds, to the maximum extent allowed by applicable State or Federal law. If use of asset forfeiture funds to pay the deductible amount is prohibited by applicable law for the particular claim and/or if available asset forfeiture fiinds are insufficient to pay the deductible amount then the deductible amount shall be paid from the Task Force annual budget and/or from Task Force reserve funds as may be authorized for this purpose by the Oversight Committee. Section 5.3 Uninsured Claims and Losses. Should the Task Force's General Liability insurance policy fail to cover any claims, losses or expenses arising from any and all activities undertaken pursuant to this Agreement, or if such policy is not available for a premium deemed appropriate by the Oversight Committee in relation to the budge of the Task Force, then the Oversight Committee shall immediately notify in writing each of the parties to this Agreement of the status of the insurance policy or lack of coverage and the cost of claims, loss or 1.4 expenses shall be apportioned among the parties to this Agreement as provided in Section 5.5 herein. Section 5.4 Workers' Compensation Insurance. Unless otherwise provided in the service agreement between the Designated Police Agency and the Task Force, the Designated Police Agency is solely responsible for payment of any and all workers' compensation benefits for an employee of the Designated Police Agency assigned to the Task Force. Each MEMBER AGENCY is solely responsible for payment of any and all workers' compensation benefits for an employee of the MEMBER AGENCY assigned to the Task Force. Section 5.5 Apportionment. To the extent that any claim, action, liability, damage settlement, or award is not covered for any reason by insurance policies, the parties to this Agreement agree to pay these costs as follows: (a) Any deductibles included in the General Liability Insurance policy shall be paid first from budgeted, but as of yet, unexpended funds from the Task Force annual budget. (b) Second, if the available Task Force annual budget funds are not enough to cover the claim, assets belonging to and owned by the Task Force may be sold as authorized for this purpose by the Oversight Committee to meet any financial obligations. (c) Finally, if the Task Force and its members are unable to satisfy any and all claims and judgments through the above listed means, the Task Force, as an entity has no choice but to disband and sell off any and all assets. The funds generated from the sale of the assets shall then be used to satisfy any outstanding claims or judgments. Any monies left over shall be distributed to the membership agencies using the same formula as contributions are calculated. Section 5.6 Exception. The provisions of Sections 5 2, 53 and 5.5 of this Agreement, wherein the Task Force and its members agree to accept responsibility for claims not covered by insurance, shall not apply when liability is caused by a negligent or wrongful act or omission of an employee or agent of the Designated Police Agency or the employee or agent of another MEMBER AGENCY while such employee or agent is not involved in carrying out the provisions of this Agreement. Section 5.7 Claims Handling. In the event of a dispute regarding whether or not an exception as contemplated in Section 5.6 herein applies, the dispute resolution procedure set forth in Section 8.3 of this Agreement shall be used. Task Force Commander shall, upon receipt of a "notice of claim" naming the Major Crimes Task Force, initiate the claims handling process. The notice document will be forwarded to representatives of the Task Force's General Liability Insurance Company designated by that insurance company (as of the date of this agreement, claims shall be scanned and sent via email to: Jeff.Mann@ioausa.com) with copy to County Counsel. In the event a claim may be reported to the County through either Risk Management, the Clerk of the Board of Supervisors or County Counsel, such claims shall be directed to the specific designated County of Marin counsel for the Major Crimes Task Force who shall proceed to notify parties and commence evaluation of claim. Designated County Counsel shall review information provided in the notice of claim against the County of Marin and determine if the claim involves alleged actions of the Major Crimes Task Force, in which case designated County Counsel shall issue the standard County rejection letter, including a statement advising claimant that in taking the actions alleged in the claim, the officers were acting on behalf of the Marin County Major Crimes Task Force, not the County of Marin, providing direction to claimant to present the claim to the Task Force for further consideration. Upon notice of a claim by either of the above means, Task Force Commander shall conduct his standard investigation and forward his report with attachments to Designated County Counsel. This report may be sent on to representatives designated by the Task Force's General Liability Insurance Company (as of the date of this agreement, Carl Warren) based on the criteria for claim reporting. If it is not forwarded, it will be retained. ON ARTICLE 6 WITHDRAWAL Section 6.1 Notice. Any party may withdraw from this Agreement by filing written notice of intention to do so with the Oversight Committee. The rights and obligations of such party hereunder shall terminate six months after the date of filing such notice. The Committee, within fifteen (15) days of the filing of a withdrawal notice, shall mail a notice thereof to all parties to this Agreement. Removal of any party from this Agreement shall in no manner affect the rights and obligations hereunder of the remaining parties. Section 6.2 Rights and Obligations. In the event of a withdrawal from this Agreement by any party, such party shall not be entitled to the return of any funds contributed to the Task Force, nor to any share of asset forfeiture funds nor to the return in cash or in kind of any materials or supplies until termination of this Agreement as herein specified. A party withdrawing from the Agreement shall continue to be liable for its proportionate share of any liability incurred during the period of this party's participation in the Agreement as set forth in Section 5.5 herein. t-7 ARTICLE 7 TERMINATION Section 7.1 Required Notice. This Agreement shall be deemed terminated when the agencies representing Fifty Percent (50%) or more of the population of Marin County file a notice of intent to withdraw. Section 7.2 Distribution of Assets. Upon termination, all non -monetary assets held by the Task Force shall be liquidated and the proceeds, combined with all monetary assets (including asset forfeiture funds and any moneys received through State or Federal grants), shall be distributed to the parties hereto in proportion to the contribution of the parties. to ARTICLE 8 MISCELLANEOUS Section 8.1 Definitions. Unless the context otherwise requires, the words and terns defined in this Article shall, for the purpose hereof, have the following meaning herein specified: (a) Agreement. "Agreement" means this joint exercise of powers agreement. (b) Chief Law Enforcement Official. "Chief law enforcement official" means the highest ranking police manager of a member agency. This is usually the Police Chief of a city or town or the County Sheriff. (c) Designated Police Agencv. "Designated Police Agency" means the Marin County Sheriffs Office, Central Marin Police Authority, Novato Police Department or the San Rafael Police Department, whichever is selected by the Oversight Committee to organize and operate the Task Force. (d) Maior Crimes. "Major Crimes" means illegal activities, primarily felonies such as, but not limited to, narcotic trafficking, whose characteristics include such features as high mobility, complex organization and widespread incidence throughout the County and for which effective detection, investigation and apprehension are demonstrably enhanced by the removal of artificial jurisdictional, organizational and geographic limitations that are likely to inhibit efficient utilization of police resources and application of up-to-date police methods that can be directed at such activities. (e) Member Agency. "Member Agency" means Marin County or one of the cities or towns which has signed this joint exercise of powers agreement. (f) Net Local Cost. "Net local cost" means the amount of the annual budget of the Task Force which is funded by contributions of the Member Agencies after the amount of funding for the annual budget from any grants, use of asset forfeiture funds, use of investment earnings and use of any other direct income generated by the operation of the Task Force have been deducted. (g) Oversight Committee. "Oversight Committee" means the governing board of the Task Force established by this joint exercise of powers agreement. (h) Task Force. "Task Force" means the unit of peace officers and support personnel which is created by this Agreement to accomplish the purpose of the Agreement. 1-9 Section 8.2 Leaal Counsel. Unless the Oversight Committee determines otherwise, the Marin County Counsel shall serve as legal counsel to the Task Force and provide all routine legal advice and service including attendance at Oversight Committee meetings if necessary. Section 8.3 Dispute Resolution. Any dispute among the parties to this Agreement shall be decided by neutral binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. In the event of such dispute, the parties shall attempt, by unanimous agreement, to select a neutral arbitrator. In the event of their inability to reach unanimous agreement on an arbitrator such dispute shall be submitted to an arbitrator selected by the presiding judge of the Marin County Superior Court. Section 8.4 Amendment. This Agreement may be amended from time to time upon recommendation by the Oversight Committee. Any amendment shall require a written amendment to the Agreement approved and executed by the MEMBER AGENCIES. Section 8.5 Execution in Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year below written. 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