No preview available
HomeMy WebLinkAboutR-2010-044 Violent Crimes Task Force Interlocal Agreement for Law Enforcement Mutual Aid - Addendum No. 1RESOLUTION NO. R-2010-44 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal. Agreement and Addendum No. 1 to said Agreement, in order to have an Agreement that conforms with grant funding requirements for this task force and is in accord with the Agreement executed by the Yakima County Sheriff's Office, Yakima County Department of Corrections, Sunnyside Police Department, Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, U.S. Marshalls Service, Yakama Nation Police Department and Washington State Department of Corrections for the formation of a violent crimes task force WHEREAS, on January 6, 2009 the City Council approved Resolution R-2009-02, authorizing the City Manager to execute an Interlocal Agreement for Law Enforcement Mutual Aid, necessary to form a violent crime taskforce among the participating agencies; and WHEREAS, the City Manager did execute said Interlocal Agreement as directed by City Council; and WHEREAS, following execution of the Agreement the City became aware that the Agreement executed by Yakima County and several of the other included agencies had been modified by Yakima County and then executed by those several agencies in its revised form, resulting in the City not sharing the same Agreement as those other agencies; and WHEREAS, in order to be completely in compliance with the terms of the grant providing funding for this multi -jurisdictional task force, the participating parties need to share the same Agreement in all respects; and WHEREAS, the attached "Interlocal Agreement for Law Enforcement Mutual Aid" is the same Interlocal Agreement that the County and several other participating jurisdictions have executed, and which shall be executed by the remaining agencies in the near future; and WHEREAS, the attached "Addendum No. 1 Interlocal Agreement for Law Enforcement Mutual Aid" has also been executed by several of the participating agencies and will be executed by all participating agencies in the near future; and WHEREAS, Addendum No. 1 was prepared by Yakima County to resolve certain omissions in the Agreement that had been amended by Yakima County and that are deemed a necessary part of the Interlocal Agreement in order to be in compliance with the grant funding requirements; and WHEREAS, the basis for the attached Agreement and Addendum is to provide the same protections and to respond to the same concerns as were originally perceived when the City Council approved Resolution R-2009-02, and to put all parties thereto under a common Agreement; and WHEREAS, it is necessary and desirable that a consistent cooperative Agreement be executed for the purpose of forming law enforcement teams to pursue and prosecute fugitive and career criminals county -wide; now, therefore; 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement for Law Enforcement Mutual Aid" that is in common with all of the other participating parties thereto, and to execute the attached and incorporated "Addendum No. 1 Interlocal Agreement for Law Enforcement Mutual Aid", necessary to provide the terms and conditions of the grant requirements being relied upon to fund this cooperative effort for the formation of a violent crimes task force. ADOPTED BY THE CITY COUNCIL this 6th day of April, 2010. ATTEST: City Clerk 2 / YPu:A Cooly Micah Cawley, M 0 R -zoo- 4(4 ADDENDUM NO. 1 INTERLOCAL AGREEMENT, FOR LAW ENFORCEMENT MUTUAL AID BETWEEN THE YAKIMA POLICE DEPARTMENT, THE YAKIMA COUNTY SHERIFF'S OFFICE, THE YAKIMA COUNTY DEPARTMENT OF CORRECTIONS, SUNNYSIDE POLICE DEPARTMENT, FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. MARSHALS SERVICE, YAKAMA NATION POLICE DEPARTMENT, and THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS THIS AMENDED INTERLOCAL AGREEMENT is entered into under the Mutual Aid Peace Officer Powers Act (Chapter 10.93 RCW) and the Interlocal Cooperation Aid (Chapter 39.34. RCW) between the undersigned parties by which the Yakima Police Department ("YPD"), Yakima County Sheriff's Office (``YCSO"), Yakima County Department of Corrections ("YCDOC"), Sunnyside Police Department ("SPD"), Federal Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), Immigration and Customs Enforcement ("ICE"), U.S. Marshalls Service ("USM"), Yakama Nation Police Department ("YNP"), and Washington State Department of Corrections ("WSDOC") agree to authorize and permit their respective agencies to participate in the apprehension and prosecution of violent fugitive and career criminals. RECITALS 1. The participating agencies entered into the Interlocal Law Enforcement Mutual Aid Agreement establishing the Violent Crimes Task Force (VCTF) in order to address county -wide incidences of violent criminal acts; and secondarily, to identify, investigate, apprehend and target for prosecution violent fugitives, inmate escapees, and felons who have committed violent acts or violated community supervision. 2. Concern was expressed by some agencies that the Interlocal Law Enforcement Mutual Aid Agreement as originally drafted did not specifically reference violent criminal acts committed by gangs and gang members as being within the scope of the agreement. 3. The purpose of this Addendum is to make clear that violent criminal acts committed by gangs and gang members are within the scope of the Interlocal Agreement and are specifically an issue to be addressed by the VCTF. The Addendum also clarifies the responsibilities of participating agencies concerning grant applications and grand funding. WHEREFORE, the parties agree to the following amendments to the Interlocal Law Enforcement Mutual Aid Agreement: 1. Paragraph 1 of the Agreement is amended as follows: 1. PURPOSE AND FUNCTIONS The purpose of this agreement is to define the rights and responsibilities of all participating agencies in the creation of an interlocal "violent crimes task force" (VCTF). The primary function of the VCTF is to: 1) address crimes associated with county -wide incidences of violent criminal acts to include, but not limited to murder, attempted murder, drive by shootings, robberies and home invasions, and 2) establish a county -wide task force to arrest and prosecute violent criminals, and 3) to address their criminal patterns. Violent criminal acts committed by gangs and gang members are within the scope of this agreement and are an issue to be addressed by the VCTF. Addendum No. 1, Interlocal Agreement for Law Enforcement Mutual Aid Page 1 of 3 The secondary function of the VCTF is to help identify, investigate, apprehend and target for prosecution violent fugitives, inmate escapees and felons who have committed criminal acts or violated community supervision. 2. Paragraph 19 of the Agreement is amended as follows: 19. FUNDING This Interlocal Agreement is not a federal task force, nor does it represent an obligation or commitment of funds, or basis of transfer of funds, but rather a basic commitment of the understanding between the parties hereto as to the tasks and methods performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this Interlocal Agreement. Expenditures by each party will be subject to its applicable laws, ordinances, regulations, and policies. The parties agree to cooperate in obtaining grant funds. The agency applying for the funds will be responsible for the preparation, management, and accountability of grant funds. The applying agency shall determine participation of the other parties. 3. Except as hereby amended, the terms and conditions of the Interlocal Agreement for Law Enforcement and Mutual Aid shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this amended Interlocal Agreement. For the Y Office: Signatu ima County Sheriffs Printed Name and Title l - tZ- Date r.'ecuting Attorney For the Yakima Police Department: C274 - Printed Name and Title Signature 7 -15'-off/u Date i \\ , (P\K 4,—; /1 For Yakima County: \\\- • • o, ��OF•ViA�� • f lliott, Chairman lchael D. Leita, Commissioner Ke J. Bo ey, Commissioner Attest: illni 11\\\\\\\ Gt-910°1 Christina S. einer, Clerk of the Board For the State of Washington Department of Corrections: Signature ' N7 361VA1.4) eigNer) 44(444 \ Printed ame and itle si ytio Date Addendum No. 1, Interlocal Agreement for Law Enforcement Mutual Aid Page 2 of 3 For the City of Yakima: Signature tR.A.Za�S T. C Printed Name and Tit e Date For the City of Sunnyside: n.ture Printed Name and Title /e//3/d Date For the Federal Bureau of Alcohol, Tobac o, F. arm Explosives: atrAct(etsgnature cfrni,4L. 44.1. Printed Name and Title 310 cd Date For the.Sunnyside Police Department: Signature Yol,w 1.• dr -Y C441 e F o f- POU•ce. Printed Name and Title Date 17J13)2 -W'? For the Yakima County Dept. of Corrections: Printed Name and Title c=.11 -dc" Date For the U.S. Marshals Service: Signature Printed Name and Title Date For the Immigration and Customs. For the Yakama Nation Police orcement Office of Investigations: Department: SignaturSignature `0zs t\ '45 _?_kc Printed Name and Title 31 ag)io Date For the Yakama Nation: Signature Printed Name and Title Date Printed Name and Title Date Addendum No. 1, Interlocal Agreement for Law Enforcement Mutual Aid Page 3 of 3 For the City of Yakima: signature ZA Printed Name andiTitle Date For he City of Sunnyside: nature Printed Name and Title / .7 /6/i3/v4 Date For the Federal Bureau of Alcohol, Tobacc, Firearms • • Explosives: Signature d • c1,44 v46I4-c Printed Name and Title For the Immigration and Customs forcetnent OMee of Investigations: Sienatu Printed Name and Title 3)99_170 Date For the Yakama Nation: Signature Printed Name and Title Date For the Sun yside Police Department: Signature F61t,ci v) L. 1dev CLike f oi Ft tic, Printed Name and Title ICi 13)? -&0 I Date For the Yakima Cou Signature ept. of Corrections: Printed Nance and "Title Date For the U.S. Marshals Service: Signature 0\► c..st443.- Le. L Printed Name and Title Li Date For the Yakama Nation Police Department: Signature Printed Name and Title Date Addendum No. I. Interlocal Agreement for Law Fn urccment Mutual lid Page 3 of 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of April 6, 2010. ITEM TITLE: Consideration of a Resolution authorizing execution of an Interlocal Agreement and Addendum No. 1 to said Agreement between the Yakima Police Department, Yakima County Sheriffs Office, Yakima County Department of Corrections, Sunnyside Police Department, Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, U.S. Marshalls Service, Yakama Nation Tribal Police, and Washington State Department of Corrections. SUBMITTED BY: Sam Granato, Chief of Police CONTACT PERSON/TELEPHONE: Chief Granato — 575-6211 Deputy Chief Rosenow — 575-6210 SUMMARY EXPLANATION: Attached is a resolution authorizing the execution of an Interlocal Agreement and Addendum No. 1 to said Agreement between the City of Yakima and the above listed agencies. This agreement was originally approved by the Council in January 2009. The executed Agreement was then sent to Yakima County where several changes were made to it prior to the County's execution. The amended version has since been executed by several of the other participating agencies. As a result, the executing parties do not share a common Agreement, as required by law and the terms of the grant funding. To remedy this and to bring the amended Agreement into compliance with the terms of the grant requirements Addendum No. 1 has been executed by Yakima County and several of the participating jurisdictions. In order that all parties are operating cooperatively under the same agreement it is necessary that the City execute the attached Interlocal Agreement and Addendum No. 1 thereto. The proposed agreement will provide the same action by and among the participating agencies as was previously approved by Council action in January, 2009. Funding and resource allocation shall likewise remain as previously approved. The action requested of Council by this resolution is necessary to place all participating parties under one common agreement as required by the terms of the grant and by law. Resolution X Ordinance Other (Specify) Interlocal Agreement and Addendum No. 1 thereto Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: "��. City Manager STAFF RECOMMENDATION: It is recommended. the Council adopt the resolution authorizing the execution of this agreement and addendum. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: