HomeMy WebLinkAbout01/06/2009 11 Violent Crimes Task Force; Intergovernmental Agreement BUSINESS OF THE CITY COUNCIL
® - YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1/
For Meeting Of January 6, 2009
ITEM TITLE: Consideration of a Resolution in executing an Interlocal Agreement
between the Yakima Police Department, 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 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 between the City of Yakima and the above listed agencies.
The proposed agreement will establish task force allowing the listed agencies to work
cooperatively to address the issues of violent crime in Yakima County. Each agency will
0 assign at least one employee to the task force. The focus of the task force will be to pursue
and prosecute career criminals county -wide.
Each agency is responsible for the salary, compensation and benefits of their own employees.
Equitable asset sharing will be determined by percentage of assigned members of each
agency to the task force.
Resolution X Ordinance Other (Specify) Interlocal Agreement
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.
BOARD /COMMISSION RECOMMENDATION:
•
COUNCIL ACTION:
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RESOLUTION NO. R-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal
Agreement with the 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 Police Department
and Washington State Department of Corrections for the formation of a
violent crimes task force.
WHEREAS, the law enforcement agencies have the responsibility of protecting lives and
property and keeping the peace; and
WHEREAS, and career criminals pose a threat to the safety of life and property in
Yakima County; and
WHEREAS, it is necessary and desirable that a cooperative agreement be executed for
the purpose of forming law enforcement teams to pursue and prosecute fugitive and career
criminals county -wide; now, therefore;
40 , - 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" for the
formation of a violent crimes task force.
ADOPTED BY THE CITY COUNCIL this 6th day of January, 2009.
ATTEST: David Edler, Mayor
City Clerk
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(1k)res -police vehicle surplus 00-pm
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 ENFORCMENT,
U.S. MARSHALLS DERVICE,
YAKAMA NATION POLICE DEPARTMENT, and
THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS
THIS INTERLOCAL AGREEMENT is entered into under the Mutual Aid Peace
Officer Powers Act (Chapter 10.93 RCW) and the Interlocal Cooperation Act
(Chapter 39.34 RCW) between the undersigned parties by which the Yakima
Police Department ( "YPD "), Yakima County Sherriffs Office ( "YCSO "), Yakima
County Department of Corrections (" YCDOC ") Sunnyside Police Department
C'SPD'), Federal Bureau of Alcohol, Tobacco, Firearms and Explosives CATF "),
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 fugitive and career
criminals.
WHEREAS, law enforcement agencies have the responsibility of protecting lives
and property and keeping the peace; and,
WHEREAS, fugitive and career criminals pose a threat to the safety of life and
property in Yakima County; and,
WHEREAS, it is necessary and desirable that a cooperative agreement be
executed for the purpose of forming law enforcement teams to pursue and
prosecute fugitive and career criminals on outstanding arrest warrants on a
county wide basis;
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DOC Contract No. K7586
NOW, THEREFORE, the parties agree as follows:
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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 "GANG
ENFORCEMENT TEAM" ( "GET ")
The primary, function of the GET is to: 1) address crimes associated with
county wide incidences of violent gangs and gang members engaged in
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 those violent gang
members of criminal street gangs, prison gangs, and outlaw motorcycle
gangs, and 3) to address their criminal patterns.
A secondary function of the GET is to identify, investigate, apprehend and
target for prosecution violent fugitives, inmate escapees and felons who
have committed criminal acts or violated community supervision.
The program involvement and direction of the apprehension teams shall
be the joint responsibility of the participating agencies, and members from
all agencies shall meet and confer on matters as necessary.
2. JOINT ADMINISTRATION
No new or separate legal or administrative entity is created by this
agreement. Each agency will be responsible for their own financial
accountability, hiring of staff, equipment,, and /or grant or agency
requirements.
It is agreed by all parties that they will support the goals, objectives, and
tasks of the Yakima Valley Citizens for Safe Communities Gang Initiative
Project.
This Agreement will "not" supersede or relieve an agency from
requirements of grant requirements and /or state, county, federal,
municipal laws or policies and procedures of their respective agencies.
3. PERSONNEL AND SUPERVISION
No transfer of any personnel between the parties is provided for by this 411
Agreement. Each agency will dedicate at least one officer to the "GET ".
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DOC Contract No. K7586
Each agency is responsible for its own members' salary, compensation
and benefits in accordance with each agency's policies. Day to
operations of the team will be supervised by a member of the "GET" to be
named at a later date. Personnel and agency specific matters are to be
handled through the officer's respective department and locally, assigned
supervisor.
4.. PROPERTY and EQUIPMENT
No transfer of property between the parties or to any third party is
provided for by this Agreement. Each agency will furnish required vehicles .
and radio equipment capable of transmitting and receiving messages on
their local /and or State Police Radio Network. Each agency will be
responsible for the expenses incurred in the use of its respective vehicles,
radios, and all other equipment used as part of "GET ". Each agency is
responsible to provide the member with the appropriate uniform that
identifies the officer as a member of law enforcement.
It is preferred that all members have markings that say "POLICE" or
"SHERIFF" or other acceptable and plainly visible means of identification
on their raid vests for uniformity and safety.
No party to this Agreement shall be obligated to any other • -
party for damage to the vehicles, property or equipment resulting from
normal wear and tear. PROVIDED, however, that each party shall be
responsible for reimbursement of any vehicle, property or equipment
substantially damaged or destroyed by a member's use of such vehicle,
property or equipment owned and provided by 'another party.
f
Assignment of staff, equipment, funds, or other resources dedicated to
this effort will remain with the participating agency. Staff, vehicles,
communication devices, office equipment and other resources shall be
provided by the agency.
5. OVERSIGHT COMMITTEE
An Oversight Committee shall be established to insure fair representation
and equitable distribution of funds, input, and accountability. It is agreed
that the committee will include one representative from each participating
law enforcement agency.
The Oversight Committee will establish Standard Operating Policies and
• Procedures(SOP) for GET members to follow.
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DOC Contract No. K7586
6. ASSEST SHARING •
It is agreed each party shall share equitably in money and real or personal
property seized by any party of this agreement. Nothing in this
agreement shall prohibit a law enforcement agency in allowing their share
of proceeds to be distributed to another agency.
Equitable sharing shall be determined by taking the number of members
for each agency as a percentage of total membership of this agreement.
7. FINANCIAL ADMINISTRATION
Except as specifically set forth herein, there will be no other financial
obligation imposed on the parties to this Agreement.
8. RECORDS and REPORTS
All "GET" team warrants, investigative reports, and arrest reports will be
maintained by the agency responsible for the investigation.
It is agreed the agencies involved in the receipt of funding shall complete
a written narrative report, as requested, by the Oversight Committee.
The report shall include the number of hours worked by each participating _
agencies officers /employees, the number of arrests or citations issued,
contacts, and other information to assist in the reporting requirements of
grant.
9. PROSECUTION
Fugitives apprehended by "GET" will generally be prosecuted in the state
or federal court that issued the warrant. New charges (charges that are
not the basis for the executed arrest warrant) will be prosecuted in the
appropriate local, state, or federal court. When a fugitive with outstanding
state and federal warrants is arrested, a determination will be made on a
case -by -case basis about the order in which prosecution will occur. In all
cases, notification shall be made to the prosecutor(s) concerned.
10. INFORMANTS
It is agreed that funds for informants relating to the execution of state
and federal warrants will be supplied by the agency with warrant
jurisdiction, according to their standard procedures.
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DOC Contract No. K7586
• 11. USE of FIREARMS
Team members will follow their department's policy and guidelines in the
use of firearms. Each agency will provide the other agencies with a
written copy of their firearms policy that states any limitations that the
agency may set on its officers. These firearm policies shall be consistent
with the work assigned to "GET" in regards to fugitive and career criminal
apprehension. In the event of a shooting, the incident will be investigated
by team investigators from the Yakima Police Department and the Yakima
County Sheriff's Department who are qualified to investigate officer
involved shootings.
12. TACTICS
Arrests: Team members will follow SOP's developed by the team when
making arrests for the safety of all team members. Each team member
will be able to carry out any and all functions necessary to complete the
arrest, search warrant and /or tactical operation.
Hostage and Barricade Situation: If the team encounters a hostage or
• barricaded subject they will follow the "GET" SOP's for these types of
situations until the requested tactical unit can respond. Upon arrival of the
tactical unit, the tactical unit commander will assume command of the
situation. The tactical unit commander will make the tactical decisions on
the decided course of action, consistent with the policies of the agency
that is responsible for investigation of the warrant
13. MEDIA
Media relations will be handled at the local level by each department's
public information person.
Each. Oversight Committee member will receive prior written notice one
day in advance of any planned media release along with copies of the
media release. Impromptu media inquiries are to be shared as soon as
possible and prior to a release being made.
14.. LIABLITY and INDEMIFICATION
It is understood and agreed that each party hereto agrees to be
responsible and assume liability for its own wrongful or negligent acts or
110 omissions, or those of its officers, agents or employees to the fullest
extent required by law, and agrees to save, indemnify, defend, or hold
Page 5 of 13
DOC Contract No. K7586
harmless from any such liability. In the case of negligence of more than •
one party to this Agreement, any damages allowed shall be levied in
proportion to the percentage of negligence attributed to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributed to the other party.
15. DISPUTE RESOLUTION
Operational issues or disputes will be mutually addressed and resolved by
the assigned liaisons, under guidance of the operational supervisor. If
problems arise which cannot be resolved to the liaisons mutual
satisfaction, they should be progressively raised to the next level of
supervision within the respective agencies. It is agreed that the resolution
of operational problems at the lowest possible level is in the best interest
of the apprehension teams.
16. FUNCTIONS and RESOURCES
GET members will:
• Serve search warrants and be actively involved in tactical operations
pertaining to high -risk WSDOC offenders as well as career criminals
and fugitives involved in criminal activities. Team members will advise
the local agencies of surveillance or warrant operations occurring in
their jurisdiction.
• Respond to officer assistance requests from other law enforcement
agencies, either routine or emergent, when team members are
available in the area.
• Notify local agencies and request assistance with all high risk warrant
operations.
• Attend briefings at local agencies for information sharing and program
updates.
• Have access to local dispatch frequencies and other police frequencies
to allow communication.
17. YAKIMA COUNTY DEPARTMENT OF CORRECTIONS ( YCDOC)
Dependent upon staffing, YCDOC will serve in the role of transport and
formal booking of people arrested due to operations of the "GET". YCDOC
will work cooperatively with GET partners in the collection, distribution,
and identification of career criminals and gang members held in YCDOC
facilities.
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DOC Contract No. K7586
18. ADDITIONAL PARTNERSHIPS
The Washington State Department of Corrections, Yakima County Sheriff's
Office and Yakima Police Department have a number of specific
partnerships that are dedicated to the needs within the community. This
agreement allows these agencies to work together on an ongoing basis in
regards to WSDOC's offender contacts, and the YCSO and YPD
investigations. Participants from each agency are still required to follow -
their own agency's policies and chain of command structures.
19. FUNDING
This Interlocal Agreement is not a federal task force, nor does it represent
an obligation or commitment of funds, nor a basis for transfer of funds,
but rather a basic commitment of the understanding between the parties
hereto as to the task and methods of 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.
20. COMMENCEMENT and DURATION
This Agreement shall become effective on the date it is executed by at
least two parties and is intended to be indefinite. Any agency, may
terminate their participation in this Agreement by providing no Tess than
thirty days (30) written notice `to all parties signing this document,
PROVIDED that any obligation or liability arising directly or indirectly for
an occurrence prior to the date sought for such termination shall not be
excused, and PROVIDED FURTHER that this Agreement shall remain in full
force and effect as to the remaining participants so long as at least two
parties remain active participants.
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DOC Contract No. K7586
21. MODIFICATION
This Agreement may be modified at any time by written consent of all
involved signatory parties.
Modifications to the Agreement shall have no force and effect unless such
modifications are reduced in writing and signed by an authorized
representative of each signatory participating agency.
This Agreement shall constitute the entire understanding between the
parties.
22. PARTICIPATING AGENCIES
A list of the Law Enforcement agencies which will be participating in this
Agreement is attached hereto as Attachment A. The list of authorized
agencies may be modified from time to time to add or delete agencies.
Each participating agency shall maintain a current list of authorized
agencies on file, together with a copy of this Agreement.
23. CONSENT
The undersigned hereby individually consent to the full exercise of peace
officer powers within their respective jurisdictions by all properly certified
officers engaged in the operation of this Interlocal Agreement. Each such
consent shall be valid during the tenure of the respective undersigned
individuals.
The consent is not intended to reallocate, under RCW the
responsibility of the participating agency for the acts or omissions of their
officers.
24. SEVERABILITY
If a court of competent jurisdiction holds any part, term or provision of
this Agreement to be illegal, or invalid in whole or in part, the validity of
the remaining provisions shall not be affected, and the parties' rights and
obligations shall be construed and enforced as if the Agreement did not
contain the particular provision held to be invalid.
If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict •
Page 8of13
DOC Contract No. K7586
shall be deemed inoperative and null and void insofar as it may conflict,
and shall be deemed modified to conform to such statutory provision.
APPROVED AS TO FORM:
RON ZIRKLE, YAKIMA COUNTY PROSECUTING ATTORNEY
IN WITNESS WHEREOF, the Parties have executed this Interlocal Agreement.
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DOC Contract No K7586
For the Yakima County Sheriff's Office:
III
Signature Date
Name and Title
For Yakima County:
Signature Date
Name and Title
For the Yakima Police Department:
Signature Date Ill
Name and Title
For the City of Yakima:
Signature Date
Name and Title
For the State of Washington Department
Of Corrections: ,3 „„)..„________
i lit I- hg ' .
Signature / Date
Gary Banning, Contracts Administrator
Name and Title 0
Page 10 of 13
DOC Contract No. K7586
,
For the Sunnyside Police Department:
Signature Date
Name and Title
For the City of Sunnyside:
Signature Date
Name and 'Title
For the Yakima County Dept of Corrections:
•
Signature Date
Name and Title
For the Federal Bureau of Alcohol, Tobacco,
Firearms, and Explosives:
Signature Date
Name and Title
For the U.S. Marshalls Service:
Signature Date
• Signature Date •
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DOC Contract No. K7586
For the Immigration and Customs Enforcement
110
Office of Investigations
Signature Date
For the Yakama Nation Police Department
Signature Date
For the Yakama Nation
Signature Date
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Page 12 of 13
DOC Contract No. K7586
YAKIMA VALLEY LAW ENFORCEMENT AGENCIES
Attachment A
Yakima County Sheriff's Office Yakima Police Department
Sheriff Ken Irwin Chief Sam Granato
P.O. Box 1388 200 South Third Street
Yakima, WA 98907 Yakima, WA 98901 -
Sunnyside Police Department
Chief Ed Radder
401 Homer Street
Sunnyside, WA 98944
Yakima County Department of Corrections State of Washington
Director Steve Robertson Department of Corrections
111 North Front Street Ralph Berthon, Field Administrator
Yakima, WA 98901 210 North Second Street
Yakima, WA 98901
Federal Bureau of Alcohol, Tobacco, U.S. Marshalls Service
And Firearms Steve Thompson
Special Agent in Charge Kelvin Crenshaw. P.O. Box 1666
402 E. Yakima Ave. Yakima, WA 98901
Suite 600
Yakima, WA 98901
U.S. Marshalls Service Immigration & Customs Service
Chief Deputy Eric Marks Office of Investigations
P.O. Box 1463 RAC Alfonso Pineda
Spokane, WA 99201 -1463 P.O. Box 49
Yakima, WA 98907
Yakama Nation Police Department
Chief James Shike, Jr.
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P.O. Box 151
Toppenish, WA 98948
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DOC Contract No. K7586