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1985-080-Authorizing The Town Manager To Execute A Cooperative Agreement With Members Of The Allied Agencies Narcotics Enforcement Team (AANET) For Assistance In Narcotics Trafficking InvestigationsRESOLUTION NO. 1985 -80 RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH MEMBERS OF THE ALLIED AGENCIES NARCOTICS ENFORCEMENT TEAM (AANET) FOR ASSISTANCE IN NARCOTICS TRAFFICKING INVESTIGATIONS RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement entitled, "COOPERATIVE AGREEMENT WITH MEMBERS OF THE ALLIED AGENCIES NARCOTICS ENFORCEMENT TEAM ". FURTHER RESOLVED, that the Town Manager is authorized and hereby directed to execute said agreement in the name and in behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20th day of May 1985 by the following vote: AYES: COUNCIL MEMBERS Ferrito, Brent N. Vf Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ATTEST: Terrence J. Daily, Thomas J. mtura, and Mayor Joanne None None Eric D. Carlson SIGNED_ YOR OF THE TOWN OS GATOS CLERK OF THE TOWN OF LOS G TOS ALLIED AGENCIES NARCOTIC ENFORCEMENT COUNCIL Inter— agency Agreement For T19E ALLIED AGENCIES NARCOTIC ENFORCEMENT TEAM A A N E T Purpose: The parpose of this document is to update and extend for three years the original AANET Agreement executed on August 15, 1983 by and between the fol;.owfag jurisdictions: City of Campbell City of Gilroy City of Los Gatos City of Milpitas City of Mountain View City of Palo Alto City of Santa Clara County of Santa Clara City of Sunnyvale California Bureau of Narcotic Enforcement This agreemeat is executed and adopted this _ Ist day of July' , 19$7 by and between: City of Campbell City of Gilroy City of Los Gatos City of Milpitas City of Mountain View Pity of Pale, Alto Problem Statemer,': Gity of Santa Clara County of Santa Cara City of Sunnyvale California Bureau of Narcotic Enforcement The above jurisdictions have a major interrelated poly —drug problem affected by the proximity to major distribution points of San Jose and San Francisco /Oakland areas. Santa Clara County, as one of the fastest growing areas in CaJifon. -ain, has expari.enced a corresponding increase in drug trafficking. There are strong indications of clandestine laboratory activity within the county and some cultivation of cannabis. Many of those ahusing and trafficking in drugs are also involved in drug related crimes such as theft, burglary, and robbery. Need Statement The pro'blex necessitates a coordinated and concentrated effort on the part of all agencies to effectively combat drug trafficking in the area. Recommendation That the present drug task force, Allied Agencies Narcotic Enforce- ment Team ( AANET), be continued with involvement from all the above agencies under the supervision of the California Bureau of Narcotic Enforcement. That the Allied Agencies Narcotic Enforcement Team achieve the goals as set forth in this agreement and as established by the AANET Council. Section I The aforementioned agencies enter into this agreement to continue the Allied Agencies Narcotic Enforcement Team ( AANET) under the supervision of the California Bureau of Narcotic Enforcement for the purpose of combining their respective investigative services and /or resources for the enforcement of controlled substances laws in the County of Santa Clara, State of California. This alignment With the bureau of Narcotic Enforcement will give the task force state —wide perspective with linkage to state --wide field offices, task forces, and Bureau of Narcotic Enforcement resources. Section I1 The department head from each participating agency shall serve on a governing board which shall he responsible for the overall policies of the task force. The governing; hoard shall be known as the Allied Agencies Narcotic Eaforc,tment Council and include: 2 Chief of Police, Campbell Chief of Police, Santa Clara Chief of Police, Gilroy Sheriff, County of Santa Clara Chief of Police, Los Gatos Director, Department of Public Safety Chief of Police, Milpitas Sunnyvale Chief of Police, Mt. View Spacial Agent in Charge, California Chief of Police, Palo Alto Bureau of Narcotic Enforcement Section III The Council shall meet on a regular basis for the purpose of reviewing the activities aad establishing policies for the operation of the task force. Monthly meetirns should be !field during the calendar year for this purpose. The Council.wtil evaluate and adjust the goals of the Link force should the drug problems in the area dictate a different response. Section IV Each member of the Council shall have an equal vote in the conduct of its business. Section V One member of the Council will be elected by the members as director of the AANET Council. The director's term will be for a one —year period. Elections will be held in June of each year to select a Director. No Director way hold the position for more than two consecutive terms. Section VI The Special Agent in Charge from the California Bureau of Narcotic Enforcement will be appointed by the Council as Task Force Commander . -id will answer to the Council through the Director. Two special agent supervisors from the California Bureau of Narcotic Enforcement will be assigned as Team Leaders each supervising a team of narcotic officers. One of the agent supervisors will be designated as lead supervisor responsible for the day —to—day operation and overall administration of the task force. Section VII Each p:artic_ipating agency will support the task force with the following resources: Campbell Police Department one officer One vehicle one portable radio and charger Gilroy Police Department One officer Onc vehicle One portable radio and charger Los Gatos Police Department One officer One vehicle One portable radio and charger. Milpitas Police Department Mt. View Police Department One officer One vehicle One portable radio and charger One officer One vehicle One portable radio and charger Palo Alto Police Department One officer One vehicle one portable radio and charger Santa Clara Police Department One officer One vehicle One portable radio and charger Santa Clara County Sheriff's Three officers Office Three vehicles Four portable radios and chargers Office Space Telephones One Law Enforcement Clerk position Sunnyvale. Department of Public Safety Bureau of Narcotic Enforcement 4 One officer one vehicle One portable radio and charger Two special agent superKsors Two vehicles Two portable radios and chargers Section VIII The participating maRicipal law enforcement agencies agree to fun<9 the tusk farce -ia follows: TOTAL $ 28,200.00 $ 26,308.00 The amount of contributions will be evaluated oa a yearly basis and adjusted as necessary to meat the needs of AANET and the participating agencies. Section IX The commitment of funds allocated annually by each jurisdiction, as outlined in SeotLnns VIE and VIII of this agreement, was based on population and will be disbursed as follows: A. $23,200 undercover funds — expenditures for purchase of drug evidence, investigative expenses, and payment to informants. B. $5,000 operational fund — expenditures for the operation of the task force, including such items as stamps, film development, miscellaneous expenses, etc. C. $26,308 Law Enforcement Clerk funds to support second law enforcement clerk at AANET. D. $9,000 supplencuai undercover funds provided by California Bureau of Narcotic Enforcement. Section % The task torce commander shall submit a written monthly report of expenditures to the Council. The task force agent supervisors will have the authority to authorize expenditures up tc $250 from the operational fund. Any expenditures over $25O will require file approval of the director. The task force agent supervisors will have the authority to approve expenditures up to $2,000 from the undercover fund. Expenditures over $2,000 will require the approval of the director. 5 AGENCY UNDERCOVER/ LAW ENFOnCEMENT OPERATION FUND CLERK Campbell Police Department $ 1,500.00 $ 1,680.00 Gilroy Police Department 1,50o.00 1,400.00 Los Gatos Police Department 1,800.00 1,680.00 Milpitas Police Department 2,400.00 2,240.00 Mt. View Police Department 3,900.00 3,636.00 Palo Alto Police Department 3,600.00 3,360.00 Santa Clara Poi -ce Department 6,000.00 5,596.00 Sunnyvale Departmeuc fublio Safety 7,200.00 6,716.00 TOTAL $ 28,200.00 $ 26,308.00 The amount of contributions will be evaluated oa a yearly basis and adjusted as necessary to meat the needs of AANET and the participating agencies. Section IX The commitment of funds allocated annually by each jurisdiction, as outlined in SeotLnns VIE and VIII of this agreement, was based on population and will be disbursed as follows: A. $23,200 undercover funds — expenditures for purchase of drug evidence, investigative expenses, and payment to informants. B. $5,000 operational fund — expenditures for the operation of the task force, including such items as stamps, film development, miscellaneous expenses, etc. C. $26,308 Law Enforcement Clerk funds to support second law enforcement clerk at AANET. D. $9,000 supplencuai undercover funds provided by California Bureau of Narcotic Enforcement. Section % The task torce commander shall submit a written monthly report of expenditures to the Council. The task force agent supervisors will have the authority to authorize expenditures up tc $250 from the operational fund. Any expenditures over $25O will require file approval of the director. The task force agent supervisors will have the authority to approve expenditures up to $2,000 from the undercover fund. Expenditures over $2,000 will require the approval of the director. 5 Section XI Each participating; agency shall he responsible for the full paym It of its personnel assigned to the task force and such salary shall be deemed to be full salary and payable to such assigned personnel on duty with the task force. Overtime compensation will also be the responsibility of each member agency for its partictpati.ng personnel. The agent supervisors will be responsible fnr iath,orizatton and management of overtime. Section XIL The participating agencies will be responsible for providing the enforcement vehicles to he doL lazed by its personnel assigned to the task force. This c2spoasibility includes insurance, gas and oil, maintenance, radio installation, and and other expenses associated with the vehicle. The California Bureau of Narcotic Enforcement will provide office supplies and supplemental funds in the amount of $9,000 for drug purchases and payment of informants. The Santa Clara County Sheri ff.'s office will provide a clerical, office faciitty nd equipment, telephones, investigative equipment, surveillance van, evidence storage, and alarm system. Section Kill For the purpose of indemr,ifi.cation, each participating agency of the AlLied .Agencies; Narcotic Enforcement Team shall be responsible for the acts of its participating e'fi.cer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating in AANET. Personnel assigned to AANET shall be deemed to be continuing order the employment of their jurisd.ication and shall have the same powers, duties, privileges, responsibilities, and tmmunitites as are conferred upon him as a peace officer in his own jurisdiction. Section XIV Any duly sworn police officer, while assigned to duty with the task force as herein provided and working at the direction of the Council, its task force commander, and the ogent supervisors, shall have the same powers, duties, privileges, and immuatties as are conferred upon him as a police officer to his jurisdiction in any jurisdicLion participating in the Allied Agencies Narcotic Enforcement Team. Section XV The goals of the Allied Agencion Narcotic Enforcement Team within the aforementioned jurisdictions are: A. initiate investigations involving all levels of drug dealers with the overall objective of identifying and apprehending radir traffickers. Drug investigations will include clandestine laboratories and marijuana cultivation. J B Assist requesting agencies on specific drug problems within their respective jurisdictions as needed and authorized by the council. C. Gather and disseminate drug and /or criminal intelligence information to police agencies served by the task force. D. Provide formal and on— the —job training to the participating law enforcement agencies in Lke area of narcotic enforcement. E. Conduct public presentations to service clubs and civic groups at the request of participating agencies and with the approval. of Oe task force lead agent supervisor. F. Provide both a ..;onthly summary report and an annual summary report to a'_1, participating agencies related to the activities of the task fr,rce. G. Conduct criminal investigations as approved by the Council, but not to include internal affairs investigations. B. Conduct an ongoing assessment of task force policies, manage- ment systems, evidence handling, reporting procedures, and methods of operation and make recommendations to the governing board through the task force commander for improvement. T. Demonstrate by concentrated narcotic enforcement a positive impact on the occurrence of drug — related crimes. Section XVI AANET will be governed under the policy and guidelines established in the AANET Policy and Procedures Manual as adopted by the Council in March 1984. Any person assigned to AANET shall work under the immediate supervision and direction of the Task Force Agent Supervisor and shall adhere too all the rules and regulations of the task force. Section XVII A Sacramento headquarter's representative of the California Bureau of Narcotic Enforcement, along with a representative appointed by the Council, shall make an annual inspection of the task force and provide the Council with a copy of the results within thirty days of the inspection. Section XVIII Any other agencies who formally request to participate in the Allied Agencies Narcotic Enforcement Team during the period of this agreement, will require approval of such participation by unanimous vote of the AANET Council. Proposals for other agency participation will be prepared and presented to the Council for their consideration by the AANET task force commander. 7 Acceptance of formal participation by other law enforcement agencies in AANE'T will require written amendment. to this agreement. Agencies choosing to participate formally with AANET will be bound by the terms of this agreement and any provisions as set forth in the amendment approving their participation. Section XIX If local representation of sworn personnel falls below eight assigned officers, it shall be deemed as grounds to constitute withdrawl of one field supervisor by the California Bureau of Narcotic Enforcment. If local representation of sworn personnel fails below four assigned officers, it shall be deemed as grounds to constitute withdrawal by the California Bur.�au of Narcotic Enforcement from task force participation. Section XX Any jurisdiction desiring to terminate its participation in this agreement shall indicate st!cli intent in writing by its chief executive officer to the Council stating its reasons for termination of the agreement. TermLiation of participation in the agreement by a jurisdiction shall he deemed to take effect in thirty days upon receipt of the written communication of intent by the council. I 1, hereby, certify this formal cooperative agreement between the Allied Agencies to extend the foregoing Interagency Agreement for a three year period from July 1, 1985 to June 30, 1988. S' ffnaf tire David R. 'fora - Signature � J) s� x � Si.gna ur� i Signature Los Gatos Town Manaqer Title Title City Man', r Title TOWN MANAGER 6/17/85 Department Date Department Date City of Santa Clara 6/19/85 Department Date Ti e e artment Date Date r- Signature Tit e Derprtment I Date Signature Signature 1U e Signature "1 Title e Title tle J I Signature it .e W Department Department Department O Department Date Date Date Town' ttorpey *-pro�al a Form town of Los Gatos Date 6/ Departure Head Approval as to Contdrtt Town i, �,bf Los Gatos Date ATTEST: Deputy Clerk of the Town, of Los Gatos Date 10