MEMORANDUM OF UNDERSTANDING
FOR MERCED COUNTY'S
VIOLENCE INTERRUPTION AND PREVENTION
EMERGENCY RESPONSE (VIPER) TEAM
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), on behalf of its District Attorney's Office, and law enforcement agencies responsible for providing law enforcement support to Merced County.
INTRODUCTION
This Memorandum of Understanding is entered into for the purpose of facilitating the transfer of funds between the Merced County District Attorney's Office and governmental entities participating in the operation of the Merced County Violence Interruption and Prevention Emergency Response Program (VIPER). This Agreement shall be effective Fiscal Year 2024-2025 through Fiscal Year 2026-2027.
PURPOSE
In 2016, looking for outside sources of revenue to combat escalating violence, The District Attorney's Office drafted a proposal for state funding to create an intelligence unit within the District Attorney's Office. Based on previous multi agency gang investigations in Merced County, law enforcement leaders had concluded that an essential part of a successful gang interdiction strategy was state of the art intelligence analysis. Assemblyman Adam Gray agreed to pursue the necessary funds through the state budget process. Assemblyman Gray succeeded in obtaining $4.5 million for a three-year Merced County pilot project nicknamed VIPER (Violence Interruption and Prevention Emergency Response).
In 2017, the VIPER program became operational. VIPER has continued to assist law enforcement with their efforts to reduce violent crime.
The continued purpose of the VIPER program is to assist local law enforcement and the Merced Area Gang and Narcotic Enforcement Team (MAGNET) in their efforts to curtail current criminal activity to reduce violence and increase quality of life in the community.
MISSION OF THE VIPER PROGRAM
The mission of the VIPER program is to produce accurate and timely information regarding criminal activity, prioritizing crimes of violence, to law enforcement agencies throughout the county. VIPER is also committed to providing insight as to where resources can be deployed to curtail at-risk offenders from engaging in criminal activity. •
GOALS
The goal of the VIPER program is to use Criminal Intelligence Analysts to acquire, analyze and disseminate accurate information on criminal activity, especially violent crime, to all law enforcement agencies in Merced County.
PARTICIPATING AGENCIES
The participating agencies are as follows:
AGENCY CONTACT PERSON
Merced County District Attorney Nicole A. Silveira
Merced County Sheriff Vernon H. Warnke
Merced County Probation Department Christopher Henn
Merced Police Department Steven Stanfield
Atwater Police Department Michael Salvador
Livingston Police Department John Ramirez
Los Banos Police Department Ray Reyna
California Department of Justice - Rachel Capello
Bureau of Investigations
MANAGEMENT AND SUPERVISION
The management and supervision of VIPER's operations and resources will be the responsibility of the District Attorney's Office. Criminal Information Analysts assigned to VIPER will be under the supervision of the District Attorney's Chief Investigator and Supervising Investigator.
REIMBURSEMENT OF COSTS
The Fiduciary Facilitator for the funds will be the Merced County District Attorney's Office.
All transfer of funds between the Merced County District Attorney's Office and the participating agencies shall be in furtherance of the objectives of the VIPER program.
Operational Costs:
Personnel will be housed in leased facilities at a confidential location. MAGNET is co- located at this facility. MAGNET is responsible for payment of the lease and maintenance for the facilities. The fiduciary for MAGNET is the Merced County Sheriff's Office. The business and mailing address for VIPER is that of the Merced County District Attorney's Office at 550 W. Main Street, Merced, CA 95340.
The District Attorney's Office is responsible for payment of all other costs associated the 2 operations of VIPER, and may include communications, computer and forensic equipment, network connectivity, office supplies and other investigation costs as necessary.
Investigation costs incurred by participating agencies for VIPER activity may be reimbursed on a pre-approval basis. All requests for reimbursement will be submitted to the Merced County District Attorney's Chief Investigator for initial review and approval. The requests shall include itemized invoices containing details of the expenditure and/or detail of the labor cost (number of hours, cost per hour, cases in which hours are attributable). Once the Chief Investigator has approved the request, the reimbursement request shall be forwarded to the District Attorney and the Merced County District Attorney's Office fiscal administrator for final review and approval.
In addition to the invoices submitted for payment, participating agencies must complete and submit Form W-9, "A Request for Taxpayer Identification Number and Certification" (www.irs.gov/pub/irs-pdf/fw9.pdf).
If the request for reimbursement does not comply with this MOU or there are not sufficient funds to make the reimbursement, the Merced County District Attorney's Office will not approve the reimbursement and the burden of the cost will be at the expense of the participating agency.
Upon approval by the Merced County District Attorney's Office, the requests for reimbursement shall be paid within thirty (30) days following receipt of a proper request.
Personnel Costs:
Analysts will provide participating agencies criminal analytical support for investigations.
The VIPER program will be fully staffed with five (5) analyst positions all housed together at the MAGNET location, funded as follows:
• The Merced County District Attorney will continue to fund one (1) full-time analyst position with the remaining balance of state funding received for the VIPER project. • The Merced County District Attorney agrees to fund one (1) full-time analyst position. • The Probation Department agrees to fund one (1) full-time analyst position. • The Merced Sheriff's Office agrees to fund one (1) full-time analyst position.
The following agencies agree to commit to the following funding to support one (1) full-time analyst position, total estimated annual cost $167,000:
• Atwater Police Department - $34,000.00: The Atwater Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Thirty-Four Thousand Dollars and No Cents ($34,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Atwater Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of commencing 30, 2025.
Los Banos Police Department - $50,000.00: The Los Banos Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Fifty Thousand Dollars and No Cents ($50,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Los Banos Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of _ commencing 30, 2025.
• Merced Police Department - $75,000.00: The Merced Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Seventy-Five Thousand Dollars and No Cents ($75,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Merced Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of commencing _ 30, 2025.
• Livingston Police Department - $8,000.00: The Livingston Police Department shall pay to the Merced County District Attorney's Office, on an annual basis, the sum of Eight Thousand Dollars and No Cents ($8,000.00), which shall represent payment to the Merced County District Attorney's Office in full for the Livingston Police Department's share of the annual support of one full-time analyst position assigned to VIPER. The payment shall be a single lump sum payment made annually on or before the 30th of _ commencing 30, 2025.
CONDITIONS
County and the Participating Agencies shall each indemnify, defend and hold harmless the other parties, their officers, elected officials, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this MOU, including, without limitation, claims or administrative actions arising from claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons, but only to the proportionate extent such claims, damages, costs, expenses, attorney's fees, or liabilities are caused by the indemnifying party's negligence, whether by action or omission, or willful misconduct. 4 REVISIONS
The terms of this MOU may be amended during the term of the agreement by mutual agreement of the parties. The District Attorney's Office will notify in writing all parties to the MOU of any changes thirty (30) days before the change becomes effective. Any party choosing to withdraw from the MOU shall notify the District Attorney in writing.
CONTACTS
The MOU contacts and their respective contact information for this MOU are:
Name and Title Contact Information
Nicole A. Silveira Merced County District Attorney
District Attorney 550W. Main Street
Merced, CA 95340
(209) 385-7381
[email protected]
Vernon H. Warnke Merced County Sheriff's Department
Sheriff-Coroner 700 W. 22nd Street
Merced, CA 95340
(209) 385-7451
[email protected]
Christopher Henn Merced County Probation Department
Chief Probation Officer 1880 Wardrobe Ave
Merced, CA 95341
(209) 385-7569
[email protected]
Steven Stanfield Merced Police Department
Chief of Police 611W. 22^d Street
Merced, CA 95340
(209) 385-8883
[email protected]
Rich McEachin Atwater Police Department
Chief of Police 750 Bellevue Road
Atwater, CA 95301
(209) 357-6388
[email protected]
John Ramirez Livingston Police Department
Interim Chief of Police 1446 "C" Street
Livingston, CA 95334
(209) 394-5577
[email protected]
5 •
Ray Reyna Los Banos Police Department
Chief of Police 945 Fifth Street
Los Banos, CA 93635
(209) 827-7070, Ext. 116
[email protected]
California Department of Justice
Bureau of Investigations
Rachel Capello 1735 "E" Street
Special Agent in Charge Fresno, CA 93706
(559) 457-5003
[email protected]
Signature page to follow
We, the undersigned, as authorized representatives of the participating agencies, do hereby approve this MOU.
By_ Date
Forrest Hansen, Merced County Counsel
By_ Date_
MERCED COUNTY DISTRICT ATTORNEY
By_ Date
MERCED COUNTY SHERIFF
By_ Date
MERCED COUNTY CHIEP PROBATION OFFICER
By. Date 8-1-25
MERCED CHIEF OF POLICE
By_ Date_
ATWATER CHIEF OF POLICE
By_ Date_
LIVINGSTON CHIEF OF POLICE
BY_ Date
LOS BANOS CHIEF OF POLICE
By Date_
SPECIAL AGENT IN CHARGE, BUREAU OF
INVESTIGATIONS, FRESNO OFFICE
7 MOU FOR VIPER ANALYST
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
D. Scott McBride,
City Manager
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
3x: Graig Cornell 7-28-2021
city Attorne
ACCOUNT DATA:
M. VENUS RODRIGUEZ
BY:
Verified by Finance Officer