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Att B- MOU

San Pablo City Council
November 4, 2024

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Att B- MOU
Meeting
November 4, 2024
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San Pablo City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.

_________________________________________________________________________________________________________ District Attorney Administration (925) 957-8604
900 Ward Street, Fourth Floor Fax (925) 646-4683
Martinez, California 94553

CONTRA COSTA COUNTY MAJOR CRIMES

INVESTIGATION TASK FORCE

1. PARTIES

This Memorandum of Understanding (MOU) is entered into by the following law enforcement agencies, in connection with the establishment of the Contra Costa County Major Crimes Investigation Task Force (MCTF):

1) Contra Costa County District Attorney’s Office (CCCCDAO) 2) Contra Costa County Office of the Sheriff (CCCSO)
3) Contra Costa County Probation Department (CCCPD)
4) Concord Police Department (CPD)
5) Hercules Police Department (HPD)
6) San Pablo Police Department (SPPD)
7) Walnut Creek Police Department (WCPD)

The agencies listed above collectively agree to abide by the terms and provisions set forth in this MOU for the duration of their participation in the MCTF.

Each of these entities may be referred to individually as a “Party,” and collectively as the “Parties.”

2. PURPOSE

The purpose of this MOU is to formalize the creation of the MCTF and to establish terms and conditions governing the cooperative efforts of the Parties in investigating and prosecuting major crimes within Contra Costa County. These crimes may include, but are not limited to, homicides, violent crimes, narcotics trafficking, organized crime, human trafficking, and other high-priority offenses within the jurisdiction of the Parties.

3. GOALS AND OBJECTIVES

The primary goals of the MCTF are as follows:

• Conduct thorough, unbiased, and timely investigations into major crimes. • Pool resources, expertise, and intelligence to effectively address complex criminal activities that cross jurisdictional boundaries.
2 • Facilitate the successful prosecution of offenders, and ensure justice for victims, while enhancing public safety in Contra Costa County.
• Prevent future criminal activities by working collaboratively with community stakeholders to implement strategies that reduce the likelihood of similar crimes.

4. SCOPE OF ACTIVITIES

The MCTF will undertake the following activities:

• Conduct joint investigations of major crimes, as determined by MCTF leadership. • Share intelligence, information, and resources to support MCTF investigations. • Assist in the apprehension of suspects and the execution of search and arrest warrants. • Prepare and submit completed investigations to the CCCDAO for prosecution. • Coordinate efforts with local, state, and federal law enforcement agencies as necessary.

5. STRUCTURE AND GOVERNANCE

Executive Committee – The MCTF will be overseen by an Executive Committee comprising executives from each participating agency. This committee will provide strategic guidance, leadership, and oversight to the MCTF.

Management – The CCCDAO will assume responsibility for the administrative, investigative, and operational management of the MCTF. A Lieutenant of Inspectors from the CCCDAO will serve as the Task Force Commander and will be responsible for daily management of the MCTF. The Task Force Commander will provide the Executive Committee with quarterly and annual reports of MCTF activities.

Supervision – One of the agencies who are Parties to this MOU will provide a supervisor who shall have responsibility for the day-to-day supervisory, investigative, and operational activities of the MCTF in the field. The supervisor shall report to the Task Force Commander for all MCTF related activities and concerns.

Task Force Investigators – Participating agencies will assign full-time peace officers to the MCTF for a minimum term of three years, although agencies may withdraw their personnel at their discretion. Officers failing to meet performance standards may be removed from the task force at the recommendation of the Task Force Commander, pending approval by the Executive Committee.

MCTF personnel will remain employees of their respective agencies and report to their agency for all personnel and administrative matters, including pay, overtime, leave, and performance evaluations.
3 6. RESOURCES

The Parties agree to contribute resources to the MCTF as follows:

• District Attorney’s Office
o (1) Deputy District Attorney, (1) Lieutenant of Inspectors, (2) Senior Inspectors; o Facility – Payment of rent, computers, office furniture, and office supplies. • Contra Costa County Office of the Sheriff
o (1) Sworn peace officer
• Contra Costa County Probation Department
o (2) Sworn peace officers
• Concord Police Department (CPD)
o (1) Sworn peace officer/supervisor
• Hercules Police Department (HPD)
o (1) Sworn peace officer
• San Pablo Police Department (SPPD)
o (1) Sworn peace officer
• Walnut Creek Police Department (WCPD)
o (1) Sworn peace officer

Each agency will provide assigned personnel with all necessary equipment, including but not limited to firearms, safety equipment, cellular phones, and unmarked vehicles.

7. LEGAL AND LIABILITY

This MOU does not alter or extend the legal liability of any Party beyond existing legal standards. In accordance with California Government Code § 895.4, each Party agrees to indemnify, defend, and hold harmless the other Parties and their officials, officers, employees, agents, and volunteers from any claims arising out of the acts or omissions of the indemnifying Party or its personnel related to this MOU.

Worker’s Compensation – Each agency shall be responsible for Workers' Compensation benefits for its personnel that are injured while performing duties on behalf of the MCTF.

CJIS Compliance – The Parties agree to comply with all applicable requirements of the Federal Bureau of Investigations Criminal Justice Information Services (CJIS) Security Policy, as updated from time to time.

8. DURATION AND TERMINATION

This MOU remains in effect for the duration of the MCTF's operations, subject to ongoing funding approval. Any Party may withdraw from the MCTF by providing 30 days’ written notice 4 to the Task Force Commander and Executive Committee. This MOU may also be terminated by mutual written consent of the Parties.

9. AMENDMENTS

This agreement may be amended at any time, with written consent from all participating Parties. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency.

10. FUTURE PARTICIPATION

Other law enforcement agencies or government entities that are not initial signatories to this MOU may join the Major Crimes Investigation Task Force (MCTF) upon approval by the Executive Committee. The following steps must be followed for new agencies to participate:

1) Request for Admission: The interested agency must submit a formal written request to the MCTF Executive Committee, expressing its desire to join the Task Force, the resources it will contribute, and its commitment to adhere to the terms of this MOU. 2) Approval Process: The Executive Committee will review the request and vote on the agency's admission. A majority vote from the Executive Committee is required for approval.
3) Amendment of the MOU: Upon approval, this MOU will be amended to include the new agency as a Party. The amendment will reflect the agency's commitments, such as the number of personnel it will contribute, any resources provided, and any specific roles the agency will assume in the MCTF.
4) Signatory Requirements: The newly admitted agency must sign the amended MOU before formally participating in the Task Force.
5) Adherence to Terms: Any agency that joins the MCTF is bound by the terms and conditions of this MOU, as amended, and agrees to fully cooperate with existing agencies to accomplish the goals and objectives of the Task Force.

5 SIGNATORIES

_______________________________________ ____________________ Brian J. Bubar, Chief of Police Date
San Pablo Police Department

_______________________________________ ____________________ Diana Becton, District Attorney Date
Contra Costa County

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