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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: • 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 • (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; Page 1 of 13 DOC Contract No. K7586 NOW, THEREFORE, the parties agree 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 "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 ". Page 2of 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. Page 3of 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. Page 4of13 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. Page 6 of 13 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. Page 7 of 13 • 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. • • Page 9 of 13 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 • Page 11of 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 • • 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. • P.O. Box 151 Toppenish, WA 98948 • Page 13of13 DOC Contract No. K7586