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HomeMy WebLinkAbout93-090RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE BUTTE INTERAGENCY NARCOTICS TASK FORCE AGREEMENT, AND AUTHORIZING THE DISTRICT ATTORNEY AND SHERIFF TO SIGN SAME. WHEREAS, for the past seven years local law enforcement agencies have been working with the Bureau of Narcotics of the California Department of Justice as part of a county-wide task force known as the Butte Interagency Narcotics Task Force; and WHEREAS, the Butte County District Attorney, the Butte County Sheriff, the City of Chico, the City of Gridley, the City of Oroville and the Bureau of Narcotics Enforcement of the California Department of Justice wish to supersede and replace that original Agreement dated February 28, 1986 and entitled "Butte Interagency Narcotic Task Force Agreement"; and WHEREAS, the Board has considered the recommendation of the District Attorney and Sheriff that Butte County enter into a new Agreement with said above agencies for a Butte Interagency Narcotics Task Force, and deems it to be in the best interests of the County of Butte to do so; NOW, THEREFORE, BE TT RESOLVED as follows: 1. That the Butte County Board of Supervisors hereby approves the attached Agreement between the Butte County District Attorney, the Butte County Sheriff, the City of Chico, the City of Gridley, the City of Oroville, and the Bureau of Narcotics Enforcement of the California Department of Justice; and 2. That the District Attorney and Sheriff of the County of Butte are hereby authorized and directed to sign said new Agreement on behalf of the County of Butte; and 3. That a true copy of the new Agreement referred to herein is attached hereto and made a part thereof. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 22nd day of June, 1993 by the following vote: AYES: Supervisors Dolan, McLaughlin, Meyer, Thomas and Chair Houx NOES: None NOT VOTING : None ABSENT : None ;~ ~~ . i ~, ~ ,/ f (~ MARY ANTE HOUX, Chair Butte County Board of Supervisors ATTEST; JOHN S. BLACKLOCK Chief Administrative Officer and Clerk of he Board of Supervisors By: `4! I 3 4 5 6 i 9 I (1 lI I `~ 13 1-1 1.~ 15 17 18 19 ~p ~I ~~ 03 n~ 97 ~~ ~? r ~~ti BUTTE INTERAGENCY NARCOTIC TASK FORCE AGREEMENT This Agreement is made and executed by and among the State of California, acting by and through the Bureau of Narcotic Enforcement of the Department of Justice, the Butte County District Attorney, the Butte County Sheriff, the City of Chico, the City of Gridley, and the City of Oroville {hereinafter Jointly referred to as the "Participating Agencies"). W I T N E S S E T H WHEREAS, the Participating Agencies recognize that the illegal production, distribution, and use of narcotics and other controlled substances is a serious law enforcement problem both in the County of Butte and nationwide; and WHEREAS, such illegal activities are a cause of a substantial percentage of the burglaries and thefts by those persons who steal in order to finance their illegal drug use; and WHEREAS, the Participating Agencies also recognize, that because of its rural nature, Butte County has been a prime site for marijuana cultivation, clandestine drug laboratories, and drug smuggling activities; and WHEREAS, the Participating Agencies further acknowledge that the illegal production, distribution, and use of narcotics and other controlled substances in the County of Butte is not 1 4 1 confined to the unincorporated area of the County of Butte and/or 2 any one of its incorporated cities, but is a chain of illegal 3 activities that almost always crosses jurisdictional lines; and ~ WHEREAS, by reason of the foregoing, the Participating ~ Agencies have determined that it is necessary to commit 6 additional law enforcement personnel to the detection, i investigation, and apprehension of those persons engaged in the g illegal production, distribution, and use of narcotics and other g controlled substances; and 1Q WHEREAS, the Participating Agencies have also Il determined that they can maximize the effectiveness and }~ efficiency of the persons engaged in such law enforcement i3 activities by fully coordinating such efforts through the }~ assignment of personnel and material to one countywide task l~ force; and 15 WHEREAS, by this Agreement, the Participating Agencies 1r now desire to establish the Butte Interagency Narcotic Task }g Force, whose purpose will be the enforcement of the narcotic and 19 controlled substance laws of the State of California in the ~8 County of Butte as well as in all of the incorporated cities of ryX the County of Butte joining in this Agreement; and ~ry WHEREAS, the Participating Agencies intend that this ~~; Agreement will supersede and replace that certain Agreement dated ~.} February 28, 1986, and entitled "Butte Interagency Narcotic Task ~~ Force Agreement." ~?~ NOW, THEREFORE, the Participating Agencies hereby ~~~ establish the Butte Interagency Narcotic Task Force (hereinafter 28 referred to as the "Task Force") which shall carry out the 2 r ~~ I purposes, receive direction from the respective heads of the ~ Participating Agencies collectively as its Board, and otherwise 3 have all of the powers, duties, and responsibilities hereinafter :~ provided for by this Agreement. 5 fi ARTICLE 1 7 PURPOSES 8 g 1.01 PRIMARY PURPOSE. 1(1 The primary purpose of the Task Force shall be the li enforcement of the narcotic and controlled substance laws of the 12 State of California in the County of Butte including all of the I3 incorporated cities of the County of Butte joining in this 14 Agreement. In carrying aut such purposes, the Task Force 15 personnel shall: ~~ a. Identify, investigate and apprehend those persons X; suspected of violating State narcotic and controlled 1S substance laws in the County of Butte, especially ~g those"'persons identified as major drug traffickers; ~p b. AsSiSt Federal, State, and other local law enforcement h~ agencies in the enforcement of Federal and State ~~ narcotic and controlled substance laws within the ?~ County of Butte; ~.~ c. Share information pertaining to the illegal production, ~;, distribution, and use of narcotics and controlled ~?f substances with law enforcement agencies; >~ d. Provide training to personnel employed by local law ~~ enforcement agencies in the County of Butte in the 3 1 area of the investigation and enforcement of State ~ narcotic and controlled substance laws; and 3 e. Conduct public presentations to schools, service ~ 4 clubs, and civic groups in the County of Butte 5 pertaining to the investigation and enforcement of 6 narcotic and controlled substance laws and/or the 7 health risks and other consequences of substance 8 abuse. { 9 j 10 1.02 SECONDARY PURPOSES. ~ lI I Secondary purposes of the Task Farce shall include: 1? a. The conduct of investigations into inter-jurisdictional i3 criminal activity occurring within the County of Butte I~ which arises out of or is otherwise directly connected 15 with violations of the State narcotic and controlled ' IFi substance laws where the Task Force is in the most I1 appropriate position to conduct such investigation and Ig has received consent to conduct such investigations by ~g other affected local Iaw enforcement agencies; and ~0 b. The provision of "mutual aid" to law enforcement °_1 agencies when appropriate. ~o `?3 ARTICLE 2 `?~} ADVISORY BOARD 97 i I ~~ 2.01 I ESTABLISHMENT OF TASK FORCE ADVISORY BOARD. ~; The Task Force shall be directed by an advisory council ' ~~ known as the Butte Interagency Narcotic Task Force Board 4 i 1 {hereinafter referred to the "the Task Force Board") which shall 9 consist of the following public officials from the various 3 Participating Agencies: =1 a. The Special Agent in Charge, Bureau of Narcotic 5 Enforcement of the California Department of Justice; 6 b. The District Attorney of the County of Butte; 7 c. The Sheriff of the County of Butte; 8 d. The Chief of Police of the City of Chico; 9 e. The Chief of Police of the City of Gridley; ID f. The Chief of Police of the City of Oroville. 11 I? 2.02 MEETINGS OF THE TASK FORCE BOARD. I3 The Task Farce Board shall hold regular monthly 14 meetings in the County of Butte at such places and at such times 15 as shall be established by the Task Force Board. In addition, lei the Task Farce Board shall hold such special meetings as it deems 1', necessary. I8 I9 2.03 UORUM AND VOTING OF THE TASK FORCE BOARD. ~0 The presence of a simple majority of the Task Force `~1 Board shall be necessary to constitute a quorum for the ~?`? transaction of business, and the acts of a majority of board ~~ members present at a meeting at which a quorum is present shall ~?~ constitute the acts of the Task Force Board. If, at any meeting ~?;, of the Task Force Board, Less than a quorum is present, then the ~5 majority of those present may adjourn the meeting from time to ~?! time, until a quorum is present. ~~ 5 . i . ., 1 2.04 CHAIRPERSON OF THE TASK FARCE BOARD. 2 The Task Force Board shah choose from among its 3 members, ane member to serve as the Task Force Board ~ chairperson. The Task Force Board chairperson shall be selected 5 by an election conducted at the first meeting of the calendar fi year and thereafter serve for a one-year term or until his or her 7 successor is elected. No person shall hold the position of Task 8 Force Board chairperson for more than two consecutive terms. The 9 Task Force Board chairperson shall conduct Task Force Board 1~ meetings, prepare minutes, and approve expenditure of funds held 11 for Task Force purposes. 1`? I3 ARTICLE 3 I~ PERSONNEL I5 I5 3.01 ASSIGNMENT OF PARTICIPATING AGENCY PERSONNEL TO TASK FORCE. ~! The purposes of the Task Force shall be carried out by Ig personnel who are employed by the Participating Agencies in the Ig following job classifications and who shall be assigned by the ~n participating agencies to serve full-time on the Task Force: of a. California Department of Justice - one special agent ~~ supervisor (5A III) from the Bureau of Narcotic ~~ Enforcement. ~?.} b. District Attorney - one district attorney investigator ~;; - one clerk ~?fi c. Sheriff - one deputy sheriff t?,' d. City of Chico - one police officer from the Chico ~~ Police Department 6 1 e. City of Gridley - one police officer from the Gridley `Z Police Department f. City of Orovilie - one police officer from the Oroville 4 Police Department 5 The Participating Agencies agree, however, that they 6 will continue to be the general employer of any personnel 7 assigned by them to serve on the Task Farce, notwithstanding the S fact that such personnel will be primarily engaged in the 9 performance of Task Force functions during such assignments. As 1(1 the general employer, each Participating Agency shall be and 11 remain solely responsible for the wages or salary paid by the I`? Participating Agency to the employee assigned by it to the Task ~~ Force, and shall also be responsible for any legally mandated 1~ training and employee benefits normally provided by the ~;~ Participating Agency to such personnel including, but not limited 1~, to, social security, retirement benefits, health insurance, life ~~ insurance, and workers' compensation insurance or benefits. As Yg the general employer, each Participating Agency shall also retain ~g sole authority to discipline any personnel assigned by it to the ~?~ Task Force by reason of any act or omission committed by such `?1 personnel while engaged in carrying out the purposes of the Task ~?~ Force. Moreover, each Participating Agency, may, from time to ~?3 time, change the particular persons assigned by it to the Task ~.~ Force; provided, however, that the Participating Agencies shall ~,~ endeavor to avoid making frequent charges which would unduly ~?~ disrupt the Task Force in efficiently carrying out the purposes >~ for which it has been formed. ~~ Any duly sworn peace officer, while assigned to duty 7 1 2 3 5 fi 7 8, 9 In it I`? 13 1~ I:i 15 If 18 I9 ~0 ~I n~ 4~,) `?~I `?:i `?fi `?~ n~ within the Task Force as herein provided and working at the direction of the Task Force Board and the Task Force Commander, shall have the same powers, duties, privileges, and immunities as are conferred upon him/her as a peace officer in his/her jurisdiction in any jurisdiction participating in the Task Force. I 3.02 TASK FORCE COMMANDER. The special agent supervisor (SA III) assigned to the Task Force by the State Department of Justice shall be and is hereby designated the Task Force Commander. As Task Force Commander, the special agent supervisor shall have responsibility for carrying out the purposes of the Task Force in the manner prescribed by the Task Force Board. To fulfill such responsibilities, the special agent supervisor shall have authority to direct and control all personnel assigned to the Task Farce by the Participating Agencies in the performance of their duties while engaged in such assignment. The special agent supervisor shall also be custodian for all Task Force property, and shall be solely responsible for any records utilized by and for the purposes of the Task Force which are not the records of any Participating Agency. 3.03 ADDITIONAL PERSONNEL. When additional personnel are required by the Task Force in order to properly carry out Task Force functions, the Task Farce Commander shall secure the services of such additional personnel only in the following manner; a. The services of additional personnel may be secured 8 1 1 through consent of one of the Partica.pating Agencies, ~ in which case the Participating Agency providing the 3 additional personnel shall assign such additional ~ personnel to the Task Force subject to the same terms 5 and conditions as heretofore provided for in Section 6 3.01 of this Agreement, but shall be compensated by T funds designated for the benefit of the Task Force for g such additional personnel in an amount at least equal 9 to the total wages, salary and employee benefits paid 1(I or provided by such Participating Agency to such 11 personnel. 12 b. The services of additional personnel may also be 13 secured from other public agencies and from private ~:} firms or individuals, provided such public agencies, 15 private firms, and individuals can render such services ]fi as independent contractors within the meaning of ~; Section 3353 of the California Labor Code which defines Yg an independent contractor as "any person who renders ~g service for a specified recompense for a specified e~ result, under the control of his principal as to the ~1 result of his work only and not as to the means by ~~ which such result is accomplished." ~;; //// ~?.~ //// h; //// ~~ //I/ ~~! //// ~?~; /t// 9 1 ARTICLE 4 2 EQUIPMENT AND OTHER PROPERTY 3 ~ 4.01 VEHICLES AND E UIPMENT TO BE PROVIDED BY PARTICIPATING 5 AGENCIES OR PEACE OFFICERS ASSIGNED TO TASK FORCE. 6 Each Participating Agency sha11 provide the peace T officer assigned by it to the Task Force with an unmarked ~ automobile and such sidearms, radios, and equipment which would 9 normally be provided to an undercover peace officer for use by 1[1 such peace office in carrying out his or her duties while li assigned to the Task Force. All such equipment shall continue to 12 be the property of the Participating Agency notwithstanding its I3 use in carrying out the purposes of the Task Force. By reason ~.} thereof, the Participating Agency having provided such property I5 shall be and remain responsible for the maintenance and repair of I6 such property all at the sale cost and expense of such ~~ Participating Agency. Moreover, the Participating Agency having 1q provided an automobile for use by the peace officer assigned by ~g it to the Task Force shall be responsible for providing all fuel ~0 necessary for the operation of such vehicle while engaged in Task ~1 Force, as well as any collision or liability insurance covering ~~ such automobile which it deems appropriate. ~g ~?.1 4.02 OTHER~UIPMENT AND PROPERTY. ~~ When other equipment and property is required by the ~~ Task Force in order to properly carry out Task Force ~?~ functions,the personnel of the Task Force shall secure such other ~~ equipment or property only in the following manner: 10 I a. Such other equipment or property may be contributed to 2 the Task Force by a Participating Agency in which case ;i such property will be held and used by the Task Force 4 subject to such terms and conditions as may be agreed 5 upon by and between such contributing agency and the 6 Task Farce; 7 b. Such other equipment or property may be acquired for $ the benefit of the Task Force by the retention of 9 forfeited property in the manner hereinafter provided 1(1 for by this Agreement; or 11 c. Such other equipment or property may be purchased for 1? the benefit of the Task Force on the open market, I3 provided, however, that all. such open market purchases 1.} shall be made in accordance with any requirement of 1a State law applicable thereto; and, provided further, i5 that the personnel of the Task Force shall not engage Ii in the purchase of any real property. is lg ARTICLE 5 ~p FISCAL MATTERS 21 ~~ 5.01 TASK FORCE FUNDS. `?3 All Task Force funds shall be deposited with the Butte n.l County Treasurer in an account or accounts to be designated to ~~ the benefit and purpose of the Task Force. ~~ The Butte County Auditor/Controller shall pay and ~~; disburse from such Task Farce account or accounts all sums due ~?~ upon approval of the Task Force Soard pursuant to the Task Force 11 1 2 3 4 5 6 7 R 9 10 11 12 13 14 15 16 It 18 19~' 20 21 ~2 93 24 25 26 27 28 annual budget. 5.02 FISCAL YEAR. The fiscal year of the Task Force shall commence on July 1st and end on June 30th of the following year. 5.03 ANNUAL BUDGET. On or before April 1st of each year during the term of this Agreement, save and except for the last year of this Agreement, the Task Force Commander shall prepare and submit to the Task Force Board a proposed budget for the ensuing fiscal year. Following receipt of the proposed budget, but no later than May 15th, the Task Force Board shall consider and approve such budget, together with any modifications thereof deemed appropriate by the Task Force Soard, and thereafter promptly file copies of the approved budget with each Participating Agency, who shall act by approving or disapproving such budget no later than June 30. Provided, however, that when preparing and approving an annual budget, the Task Force Commander and the Task Force Board shall ensure that a $300,000 reserve for operations and contingencies is provided for therein. The budget shall be deemed approved and adopted upon the approval of a simple majority of the Participating Agencies. A lack of action by a Participating Agency upon the budget by June 30 shall be deemed an approval of such budget by that Participating Agency. No funds shall be expended beyond the approved budget absent approval by a simple majority of the Participating Agencies. //// lz 1 2 3 4' 5 S 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 25 26 27 28 5.04 CONTRIBUTION BY BUREAU OF NARCOTICS ENFORCEMENT. The Bureau of Narcotics Enforcement, in lieu of the cash contribution in Section 5.03, shall be responsible for providing for sufficient office space for Task Force operations, utilities, telephone service, alarm service, radio base station, computer linkage to the Department of Justice and appropriate funds per annum for the Task Force Drug Expense Fund. 5.05 RECEIPT OF FORFEITED OR ABANDONED PROPERTY. The Task Force as a collection of its Participating Agencies is authorized to receive assets forfeited or abandoned under state or federal statutes. 5.06 DISPOSITION OF FORFEITED OR ABANDONED PROPERTY. The Participating Agencies agree alI forfeited or abandoned money and property collectively received by the efforts of the Task Force during the term of this Agreement shall, upon receipt, be held, used, disbursed, or otherwise disposed of in the following manner: a. Where forfeited or abandoned money is collectively received by the Efforts of the Task Force during the term of this Agreement, such money shall be immediately placed with the Butte County Treasurer as part of the Task Force accounts. Thereafter, on June 30th of each year during the term of this Agreement, all such monies then remaining in such account beyond an amount reserved for operations and contingencies as specified in the annual budget sha11 be disbursed to the Participating 13 1 Agencies in equal shares. In this connection, the 2 Participating Agencies understand that all or a part of 3 the forfeited monies received by the efforts of the Task 4 Force as a result of a forfeiture may be subject to 5 certain 1ega1 restrictions as to their use. In ~ particular, the Participating Agencies understand that '7 under applicable provisions of state and federal laws, g the use of such funds is restricted to the support of g law enforcement and prosecutorial efforts of the 10 Participating Agencies, and may not be used to supplant 1~ Participating Agency funds that would, in the absence of 12 such forfeiture funds, be made available to support the 13 law enforcement and prosecutorial efforts of the I4 Participating Agencies, By reason of the foregoing, ~5 Participating Agencies expressly agree that they will lfi not use any forfeited monies received by there from the 17 efforts of the Task Force in any manner except that Xg permitted by applicable provisions of state or federal lg laws . 2p The Bureau of Narcotics Enforcement further 21 expressly agrees that its disbursed share under this ~2 agreement shall be reserved to the benefit of the Task ~3 Force at the Bureau's direction and, further, that its 24 share of any expansion of Task Force operations or 2~ facilities be derived solely from such disbursed share. ~~ b. Where forfeited or abandoned property is received by the 27 efforts of the Task Force during the term of this 28 Agreement, such property shall be held, used, or 14 1 disposed of as follows: 9 (i} The forfeited or abandoned property may be 3 sold at a public auction and the proceeds 4 thereof deposited with the Butte County 5 Treasurer as part of the Task Force 6 accounts}; or '7 (ii) The forfeited or abandoned property may be $ retained by the personnel of the Task Force 9 for the purpose of rendering the police lp services provided for by this Agreement where 11 the Task Force Board has determined that such 12 property can be used in the manner which 13 significantly contributes to carrying out the 14 purposes of this Agreement. 15 (iii} The forfeited or abandoned property may be 16 pressed into service by any one of the 17 Participating Agencies for the purpose of 18 rendering police services provided for by this 19 Agreement where the Task Force Board has 20 determined that such property can be used in 21 the manner which significantly contributes to 22 carrying out the purposes of this Agreement, 23 subject to approval by a simple majority of 24 the Participating Agencies. 25 //// 26 //// 27 //// 28 ///1 15 1 2 3 4 5 5 7 8 9 1(l I1 12 13 14 15 16 17 18 19 24 21 22 23 24 25 2~i 27 281 5.07 QUARTERLY FINANCIAL REPORT. On or about July 1st, October 1st, January 1st, and April 1st of each year during the term of this Agreement, the Task Force Board shall cause to be prepared and submitted to each Participating Agency a written report which sets forth the following information pertaining to the financial activity of the Task Force personnel during the prior quarter: a. The amount of money held by the Butte County Treasurer for the Task Force at the beginning of the prior quarter; b. The amount of money received by the Butte County Treasurer on behalf of the Task Force during the prior quarter; c. The amount of money paid out by the Butte County Treasurer on behalf of the Task Force during the prior quarter; and d. The amount of money the Butte County Treasurer held for the Task Force at the end of the prior quarter. 5.0$ ANNUAL INVENTORY. On or about July 1st of each year during the term of this Agreement, the Task Force Commander shall prepare and submit to the Task Force Board and each Participating Agency a written inventory which sets forth the following information pertaining to all property which is in the possession of the personnel of the Task Force or which the Task Force is entitled to possess at the end of the prior fiscal year: 16 11 2 3 4 5 6 8 9 10 11 12 13 14 15 lfi 17 18 19 ~p 21 22 23 24 25 26 27 28 a. The description of the property; b. The year in which the property was acquired by activity of the Task Force; and c. The cost of the property at the time of acquisition, or the estimated value of the property at the tame of acquisition where such property was forfeited to the benefit of the Task Force in accordance with the provisions of state and federal law as a result of or in connection with a violation of the narcotic and controlled substance laws of the state and federal government. 5.09 ANNUAL AUDIT. At the end of each fiscal year during the term of this Agreement, the Task Farce Board shall cause an independent audit to be made of the Task Force accounts by a certified public accountant selected by the Task Force Board for such purpose. The minimum requirements for such audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards. Within i2 months of the end of the fiscal year under examination, copies of a report in such audit shall be filed with the Task Force Board and each Participating Agency. Any cost of the audit including, but not limited to, the compensation to be paid to the certified public accountant selected to make the audit shall be borne by the budget of the Task Force and shall be charged against any unencumbered funds of the Task Force budget available for that purpose. 17 1 9 3 4 5 6 7 8 9 lf1 11 1 `-' 13 14 15 lfi 17 18 19 20 21 22 `?3 24 ry5 9~j 27 28 ARTICLE 6 MISCELLANEOUS 6.01 POLICY AND PROCEDURE GUIDELINES. A11 of the Task Force law enforcement powers provided for by this Agreement shall be carried out in accordance with the provisions of this Agreement and in accordance with a Policy and Procedure Guidelines approved by the Task Force Board. Such Policy and Procedure Guidelines shall be initially adopted by the Task Force Board as soon as possible following the execution of this Agreement and thereafter shall be revised and updated from time to time by the Task Force Board whenever necessary to insure that the Task Force is carrying out its duties in the manner provided for by this Agreement and in accordance with modern law enforcement practices. 6.02 INSPECTION PROCESS. It is the policy of Department of Justice/Bureau of Narcotics Enforcement (BNE) to maintain a formal administrative inspection program. This program requires inspections of each BNE-supervised regional task force once every eighteen (18) months or as necessary, with follow-up inspections within six (6) months. Copies of the inspection report will be delivered to the regional office and the Task Force Commander. At change of command, an audit of the controlled substance evidence, undercover funds, weapons and specialized equipment shall be performed. //~/ //// 18 1 9 ;~ 4 5 6 7 8 9 10 11 I2 13 1~ 15 I6 17 I$ 19 20 21 22 23 ', ~~ 25 2~j 9~ 28 6.03 ANNUAL PERFORMANCE REPORT. On or about March 15th of each year during the term of this Agreement, the Task Force commander shall prepare and submit to the Task Force Board and each Participating Agency a written report which describes the performance of the Task Force during the preceding calendar year. Such performance report shall include, among other things, the kind and number of cases investigated by the Task Force personnel, the number of arrests made, the kind and quantity of narcotic drugs and other controlled substances confiscated by Task Force personnel, and the kind and value of any property forfeited in accordance with the provisions of the narcotic and controlled substance laws of the state and federal government as a direct result of Task Force activities. In such report the Task Farce Commander shall also endeavor to describe the scope of the illegal production, distribution, and use of narcotic drugs and other controlled substances within the County of Butte and each of the cities located within the County of Butte and also identify matters pertaining to the illegal production, distribution, or use of narcotic drugs and other controlled substances which are of particular concern. 6.04 NONDISCRIMINATION CLAUSE. All Participating Agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D} issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. 19 1 2 3 4 5 6 7 8 9 10 it 12 13 14 1~ 16 1~ 18 19 2[~ 21 22 23 2q 25 9~j 27 28 6.05 INDEMNIFICATION. For the purpose of indemnification, each Participating Agency shall be responsible for the acts of its participating officer{s) and shall incur any liabilities arising out of services and activities of those officers, while participating in the Task Force in the line of duty. Should a Participating Agency or Agencies or any employee or agent of a Participating Agency or Agencies be named in any suit, or should any claim or demand be made against it or them by suit or otherwise, whether the same be groundless or not, arising out of or relating to the Participating Agency's duties and obligations under this agreement, the State of California, through its legal counsel, the Attorney General, to the extent allowed by law, shall take the lead role in defending the Participating Agencies and their employees or agents. 6.06 NOT A JOINT POWERS AGREEMENT. This agreement is between law enforcement agencies and is not intended to be a joint powers agreement under Section 6500 of the California Government Code. ~ 6.07 TERM. The initial term of this Agreement shall be for the one-year period commencing on July 1, 1993 and ending on June 30, 1994 thereof. Thereafter the term of this Agreement shall be automatically extended for successive one-year periods until terminated by the occurrence of any one of the following events: a. The withdrawal of the Bureau of Narcotic 20 I 9 3 4 5 6 7 9 10 Ii 1 `~ 13 14 X5 lF 1t 18 19I 20 2i n~ h3 ~q ~~ ~8 ~~ n4 "! Enforcement, Department of 3ustice, in the manner hereinafter provided by this Agreement; b. The withdrawal of two Participating Agencies from the Task Farce in the manner hereinafter provided by this Agreement; or c. The mutual written agreement of all of the Partici- pating Agencies to terminate this Agreement and the Task Force in the manner hereinafter provided by this Agreement. 6.08 WITHDRAWAL FROM NARCOTIC TASK FORCE. Any Participating Agency may withdraw from this Agreement and the Task Force at the end of the initial or any extended term of this Agreement by serving the Chairperson of the Task Force Board and each remaining Participating Agency with a written notice of such withdrawal at least six months prior to the end of the initial term, in which case such withdrawal shall be effective as of the last day of the initial term; or at least six months prior to the end of an extended term, in which case such withdrawal shall be effective as of the last day of such extended term. In the event a Participating Agency withdraws from the Task Force, either voluntarily or upon termination of this Agreement, each such Participating Agency shall remain jointly and severally liable for any expenses of the Task Force which were incurred prior to the date such withdrawal became effective. A Participating Agency may also be deemed by the Task Force Board to have withdrawn from the Task Force if the personnel 21. 1 2 3 4 5 6 7 8 9 10 ll' 12' 13 1~ 15 lfi ll 18 19 20 21 22 23 assigned by it to the Task Force by this Agreement is absent from Task Force duties sixty {60) days longer than normal vacation and sick time in any fiscal year. 6.09 DISPOSITION OF TASK FORCE ASSETS UPON THE TERMINATION OF THE TASK FORCE OR WITHDRAWAL OF A PARTICIPATING AGENCY. Upon termination of this Agreement, all of the money or other property in the control of the Task Force personnel, save and except for the vehicles, equipment, or non-monetary assets contributed by a Participating Agency to the Task Force shall, be distributed between and among all the Participating Agencies in equal shares. Any vehicle, equipment, or other non-monetary asset contributed by a Participating Agency shall be returned to the agency which made the contribution. Upon withdrawal of a Participating Agency from this Agreement and the Task Force at the end of the initial or any extended term of this Agreement, the same being coextensive with the end of the Task Force fiscal year, such withdrawing agency shall not be entitled to any proportional share of any funds then an deposit in the Task Force account{s) maintained by the Butte County Treasurer. A11 of the vehicles, equipment, and other non-monetary assets which were contributed to the Task Force by the withdrawing Participating Agency shall be returned to such 24 agency - 25 ~~ `?7 28 6.10 COMMUNICATIONS AND NOTICES Communications or notices sent or given pursuant to this Agreement by one party to this Agreement to the other parties 22 l 1 hereto shall be deemed to have been sent or given when made in ~ writing and deposited in the United States mail, first class and 3 postage prepaid, addressed as follows: 4 To: Department of Justice: Department of Justice Bureau of Narcotic Enforcement 5 P. O. Box 1610$9 Sacramento, CA 95816- 1089 6 To: Butte County District Attorney: District Attorney 7 County of Butte 25 County Center Dr. 8 Oroville, CA 95965 9 To: Butte County Sheriff Sheriff County of Butte 10 33 County Center Dr. Oroville, CA 95965 11 To; City of Chico: City Manager 12 City of Chico P. 0. Box 3420 13 Chico, CA 95927-3420 14 To: City of Gridley: City Administrator 685 Kentucky Street 15 Gridley, CA 95948 lfi To: City of Oroviile: City Clerk 1735 Montgomery Street 17 Oroville, CA 95965 18 19 The address at or to which a communication or notice may 20 be made or given by one party to thi s Agreement to the other 21 parties hereto as above provided may be changed by written notice `?2 also given as above provided. 23 94 6.11 ENTIRE AGREEMENT/MODIFICATION. 25 This Agreement constitutes the entire understanding 26 between the Participating Agencies a s to the matters set forth `?7 herein and the Participating Agencie s shall not be bound by any 28 terms, conditions, statements, or re presentations, oral or 23 1 2 3 4 5 6 7 8 9 i0 it 12 13 1 ~} 15 Ifi 17 18 19 2[1 21 22 9~ 24 25 26 27 28 written, not contained herein. No modification or amendments to this Agreement shall be valid or binding unless such modification or amendment is made by a further written agreement which is duly executed by each of the Participating Agencies. DEPARTMENT OF JUSTICE/ BUREAU OF NARCOTIC ENFORCEMENT ti Dated :lj ~ ~ 7 ~ ~~ MYRON GILBERT, Special Agent in Charge BUTTE COUNTY SHERIFF Dated: / Q 3 MICK GREY, Sheriff BUTTE COUNTY DISTRICT AT Dated: Dated: Dated: /4 !Z ,3 Dated : ~ ZO ~,3 ~V •~S TO FORM ~' . ~/~:~. ~;ity Attorney~Ch'co B r MIC CITY OF CI' ter. roc ~~orney I to rde -93, ~pted 9-7-93 By / t~ CITY OF GRT LEY City Man r Authorized - Resolution 26A, adopted 5/x.7/93 FRANK COOK, Mayor CITY OF OROVILLE Auth - esolut' adopted 7/15/93 DENNIS DIVER, [~ayor ~~ ~ ~c•~ r AGRMTBNTF 04/26/93 --~-- ~:p~reved as Eo i=isc~i and $adgeEarq Con.:.-.` AvdiEor's Depa:frr._~ 2 4 gy ~ z~t~i3 .