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MEMORANDUM OF UNDERSTANDING 16 c-6
Between l�
RIVERSIDE COUNTY DISTRICT
ATTORNEY'S OFFICE
And
CATHEDRAL CITY POLICE
DEPARTMENT
This Memorandum of Understanding (MOU) is entered into by the Riverside
County District Attorney's Office (RCDAO) and Cathedral City Police Department.
MISSION STATEMENT
RCDAO has created the Real Estate Fraud (REF) Task Force more effectively
respond to REF throughout the County of Riverside. The Task Force will be
represented in all three major regions of Riverside County, East (Indio), Central
(Riverside) and Southwest (Murrieta). The REF Task Force focuses exclusively
on the detection, investigation, and prosecution of real estate fraud, in whatever
form that fraud may take. The REF Task Force also provides forensic
components of investigation (computer and accounting), training and technical
assistance, victim services, and community education.
The mission of the REF Task Force is to: (1) properly investigate and prosecute
those who commit real estate fraud, in whatever form that fraud may take; (2)
provide training to those involved in investigating and prosecuting real estate
fraud; and (3) educate and update the public, including those in the real estate
industry, on real estate fraud by focusing on current fraud trends, and provide
information on "How to Avoid" these fraud schemes. This public outreach will
include information regarding available services and resources to administer
assistance and counseling to those who have fallen victim to the schemes.
OVERVIEW
Representatives from Cathedral City Police Department will be housed with and
partner with Riverside County District Attorney personnel to include District
Attorney Investigators (DAI), Investigative Technicians (IT) Deputy District
Attorneys (DDA), Fraud Document Examiners (FDE), Forensic Accountants,
Paralegals, and related management staff. Salaries, benefits and overtime for
REF Task Force personnel shall be the responsibility of RCDAO, and will be
paid via the Real Estate Prosecution Trust Fund. RCDAO shall provide REF
Task Force members all office and investigative equipment and supplies
necessary to conduct investigations, prepare investigative reports, testify in court,
or otherwise assist with the prosecution of a case. All other expenses, including
vehicle expenses, shall be the responsibility of the participating agency.
PURPOSE
The purpose of this MOU is to formalize the working relationship between the
RCDAO and Cathedral City Police Department, as well as to delineate the
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responsibilities and expectations of the relevant parties. By signing this
MOU, Cathedral City Police Department agree to join the REF
Task for the primary purpose of vigorously and properly detecting, investigating
and prosecuting real estate fraud. By joining this Task Force, Cathedral City
Police Department will benefit from the Real Estate Prosecution Trust Fund
resources, joint operations, and extensive training opportunities.
OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that RCDAO shall together with
Cathedral City Police Department combines the maximum available resources to
effectively investigate real estate fraud throughout the County. All agencies
believe that implementation of the Real Estate Fraud (REF) Task Force will
further this goal. To this end, each agency agrees to participate, during the
period of July 1, 2015 through June 30, 2016, by coordinating/providing the
services described below.
RCDAO and Cathedral City Police Department commt to the following:
1. Provide representatives to sit on the REF Task Force Executive Board;
2. The REF Task Force Executive Board shall meet bi-monthly to discuss
strategies, timetables, and implementation of mandated services and/or
receive a monthly report;
3. Provide appropriate personnel to the REF Task Force Teams;
4. Participate in joint law enforcement activities to identify, investigate and
apprehend those persons committing real estate fraud;
5. Participate in a joint public education campaign to educate and keep both
the public and real estate community updated on all issues related to real
estate fraud;
6. The REF Task Force shall be funded via the Real Estate Prosecution
Trust Fund by the Riverside County District Attorney's Office pursuant to
Government Code section 27388;
7. Salaries, benefits, and overtime for all personnel assigned to the REF
Task Force by participating agencies shall be the responsibility of the
Riverside County District Attorney's office, and shall be paid via the Real
Estate Prosecution Trust Fund;
8. All office and investigative equipment and supplies required by the REF
Task Force to conduct investigations, prepare investigative reports, testify
in court, or otherwise assist with the prosecution of a case shall be the
responsibility of RCDAO and shall be paid via the Real Estate Prosecution
Trust Fund;
9. The REF Task Force shall make investigators designated as Task Force
members available for applicable specialized training provided via RCDAO,
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the California District Attorneys' Association, or other appropriate training
programs. The REF Task Force Commander will review and approve
training requests and provide funding for training when appropriate and
funds are available. All training must receive approval prior to attending the
class to be considered for reimbursement.
10. All other expenses of personnel from Cathedral City Police Department
assigned to the REF Task Force, including vehicle expenses, shall be the
responsibility of the participating agency.
11. RCDAO shall be responsible for the day-to-day operational supervision,
administrative control, and personal and professional conduct of personnel
assigned to the REF Task Force;
12. All REF investigations will be conducted by sworn law enforcement
investigators assigned to the REF Task Force. Investigations will follow
guidelines established by RCDAO's policy manual or guidelines. All REF
investigations will be a cooperative effort with the on-going input and
guidance of assigned DDAs, and investigative decisions will be a joint
process guided by RCDAO standards;
13. Seized evidence and any other related forfeiture will be handled in a
manner consistent with the RCDAO's policies;
14. The REF Task Force shall submit monthly statistics to the Supervising
DOA of the REF Unit relating to all investigations and prosecutions of real
estate fraud. These statistics shall be submitted in a format developed by
RCDAO by the 10th day of each month, and shall include narratives and
data on all related investigations opened or closed during the month, as
well as forensic examinations, technical/investigative assistance provided
to other agencies, subpoenas and court orders issued, training hours
attended and taught, and community outreach provided.
15. The Supervising DOA of the REF Unit shall compile the submitted
statistics for submission to the Executive Board and to the Board of
Supervisors, in compliance with Government Code section 27388;
16. Administration of the Real Estate Prosecution Trust Fund shall be the
responsibility of RCDAO.
17. In pursuit of this MOU, the parties shall act in an independent capacity and
not as an officer, agent, servant, employee, joint venture, partner or
associate of the other party. Due to this independent capacity,
Cathedral City Police Department, its officers, agents or employees,
shall have absolutely no right to employment or benefits rights that are
available to RCDAO employees. RCDAO, its officers, agents or
employees, shall have absolutely no right to employment or benefits
rights that are available to the <participating agencies> employees.
LIABILITY
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Each of the Parties to this Memorandum of Understanding is a public entity.
RCDAO and Cathedral City Police Department, to the extent that liability may be
imposed on the parties by the provisions of Government Code Section 895.2, shall
be liable for their own acts or omissions, including all claims, liabilities, injuries,
suits, and demands and expenses of all kinds which may result or arise out of
any alleged malfeasance or neglect, caused or alleged to have been caused by
either party, their employees or representatives, performance or omission or any
act or responsibility of either party under this MOU. All immunities available to the
Parties as a government entity under the laws of the State of California shall apply
in performing the services under this MOU.
The REF Task Force is responsible and liable for the acts and omissions of its
own officers, agents or employees in connection with the performance of their
official duties under this MOU. For tort liability purposes, no participating agency
in the REF Task Force shall be considered the agent of other participating
agencies.
NOTICES
Any notice, requests, invoices or reports required or intended to be given to
either party under the terms of this MOU shall be in writing and shall be deemed
to be duly given if delivered personally, transmitted by facsimile followed by
telephone confirmation of receipt, transmitted electronically via internet/email or
sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the
party's address set forth herein or at such other address as the parties may from
time to time designate by written notice. Notices served by United States mail in
the manner above described shall be deemed sufficiently served or given at the
time of the mailing thereof.
Contact information for purposes of notice in compliance with this MOU is as
follows:
Riverside County District Attorney, Michael Hestrin, 3960 Orange Street,
Riverside, CA 92501
Cathedral City Chief of Police, George Crum, 68700 Avenida Lalo Guerrero,
Cathedral City, CA 92234
TERMINATION
Ether party may terminate this MOU with thirty (30) days written notice with or
without cause to the address provided herein.
CONFIDENTIALITY
It is understood that any confidential information pertaining to investigations of
real estate fraud will be held in the strictest confidence, and will only be shared
with participating REF Task Force members or other law enforcement agencies
where necessary or as otherwise permitted by federal and/or state law.
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GENERAL PROVISIONS
Binding. Once this MOU is signed by all parties, it shall be binding upon, and
shall inure to the benefit of, all parties, and each parties' respective heirs,
successors, assigns, transferees, agents, servants, employees and
representatives.
Compliance With Law. Each party shall comply with all applicable provisions of
law and the rules and regulations, if any, of governmental authorities having
jurisdiction over the subject matters herein.
Waiver. The waiver by either party of a breach by the other of any provision of
this MOU shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this MOU. No provisions of
this MOU may be waived unless in writing and signed by all parties to this MOU.
Waiver of any one provision herein shall not be deemed to be a waiver of any
other provision herein.
Headings. The section headings in this MOU are for convenience and reference
only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this MOU.
Severability. The provisions of this MOU are severable. The invalidity or
unenforceability of any one provision in this MOU shall not affect the other
provisions.
Interpretation. The parties acknowledge that this MOU in is final form is the
result of the combined efforts of the parties and that, should any provision of this
MOU be found to be ambiguous in any way, such ambiguity shall not be resolved
by construing this MOU in favor of or against either party, but rather by
construing the terms in accordance with their generally accepted meaning.
Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
Extent of MOU and Certification of Authority. Each party acknowledges that they
have read and fully understand the contents of this MOU and is fully authorized
to execute it. This MOU represents the entire and integrated agreement between
the parties with respect to the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. This MOU
may be modified only by written instrument duly authorized and executed by both
parties.
We.theundersigned . as authorized representatives of
the i n d i c a t e d agencies, do hereby approve this document.
Micha I Hestrin, District Attorney George CruRi, Chief of Police
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