Report Prepared by: Joey Perez, Police Captain
Title
SUBJECT: Approval of New Terms and Replacement of the Previously Approved 3-Year MOU with the Merced County District Attorney’s Office to Share the Cost of One (1) Crime Analyst for the Merced County Violence Interruption and Prevention (VIPER) Program
REPORT IN BRIEF
Considers approving new terms and replacing the previously approved 3-year MOU with the Merced County District Attorney’s Office to share the cost of One (1) Crime Analyst for the Merced County Violence Interruption and Prevention (VIPER) program.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving new terms and replacing the previously approved Memorandum of Understanding (MOU) with Merced County District Attorney’s Office to share the cost of one (1) VIPER Crime Analyst; and,
B. Authorizing the City Manager to execute the necessary documents.
Body
ALTERNATIVES
1. Approve, as recommend by Staff; or,
2. Approve, subject to other than recommended by Staff; or,
3. Deny; or,
4. Refer to Staff for reconsideration of specific items; or,
5. Continue to a future meeting.
AUTHORITY
Merced City Charter, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2024/2025 and 2025/2026 adopted budgets.
DISCUSSION
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. Former Assemblyman Adam Gray agreed to pursue the necessary funds through the state budget process. The past Assembly Member 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 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.
The Merced Police Department agrees to pay $75,000 per year during the term of the MOU to share the annual support of one (1) full time analyst position assigned to VIPER. The MOU was approved by council on 10/21/24.
Since the Council’s approval of the original MOU in 2024, the participating agencies proposed to include an Indemnification clause. This clause requires the County and participating agencies to assume responsibility for their share of any claims, damages, or costs incurred under the MOU, but only to the extent those claims, damages, or costs are caused by their own negligence or misconduct. The MOU also includes a revised commencement date for the first lump sum payment to the year 2025 since the original MOU was written and approved in 2024, but the first payment will commence in 2025.
The payment schedule for an approved agreement is as follows:
24/25FY (Year One) $75,000 is encumbered for this expense.
25/26FY (Year Two) $75,000 is included in the approved Police Budget.
26/27FY (Year Three) $75,000 will be added to the Police Budget through the City’s normal budgeting process.
IMPACT ON CITY RESOURCES
No budget appropriation is need. Funding is included in FY24/25 adopted budget and FY25/26 will be included in the budget process.
ATTACHMENTS
1. Original MOU between City of Merced and Merced County District Attorney’s Office
2. Revised MOU between City of Merced and Merced County District Attorney’s Office