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HomeMy WebLinkAboutPS 2018-04-16 COMPLETE AGENDA PACKETCity of Tukwila Public Safety Committee O Kathy Hougardy, Chair O Dennis Robertson O Thomas McLeod AGENDA MONDAY, APRIL 16, 2018 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: K. Hougardy D. Robertson T. McLeod V. Seal Mayor Ekberg D. Cline C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A Memorandum of Understanding between the a. Forward to 4/23 C.O.W. Pg.1 Tukwila Police Department and the U.S. Postal Service. and 5/7 Regular Mtg. Jon Harrison, Commander, Police Department b. Fire Department apparatus purchase. b. Forward to 4/23 C.O.W. Pg.13 Chris F/ores, Assistant Fire Chief and 5/7 Regular Mtg. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, May 7, 2018 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerkaTukwilaWA.gov) for assistance. TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Public Safety Committee Bruce Linton, Chief of Police Jon Harrison, Commander CC: Mayor Ekberg DATE: March 19, 2018 SUBJECT: United States Postal Inspection Service MOU — Use of Tukwila PD K9 Apollo ISSUE The United States Postal Service (USPS) distribution center in the City of Tukwila needs a narcotics detection K-9 to assist with the interdiction of illegal narcotics and money being delivered to and/or shipped from addresses in Washington state. The Unites States Postal Inspection Service (USPIS) has requested to create a joint cooperative law enforcement effort with Tukwila PD to be called the Postal Interdiction and Narcotics Task Force (PINT). The USPIS will reimburse the city for any overtime wages/benefits incurred from task force activities. BACKGROUND The USPIS has an annual $17,000 overtime reimbursement budget for this task force. This reimbursement is authorized per task force officer and is intended to reimburse overtime, wages, and benefits for the PINT officers assigned. The identified task force officer is Detective Jamie Sturgill and K-9 Apollo. This K-9 team is uniquely qualified in the area to assist the USPIS with their mission of investigating and prosecuting criminal offenses related to the trafficking of controlled substances, other dangerous drugs, and money laundering violations. The position on the PINT will be staffed as federal funding allows. ANALYSIS The fiscal year for the USPIS is October 1 through September 30, annually. The billing for overtime wages/benefits will comply with the federal requirements and will not ordinarily exceed 18 hours per month. This hour figure is to average out the annual reimbursement budget over the year, $1416 per month, but may be adjusted as needed to stay within the authorized annual reimbursement budget. The PINT will process any packages seized pursuant to task force operations and move forward with federal forfeiture when appropriate. In the case of the federal seizure, the Tukwila Police Department is entitled to equitable sharing of the proceeds. This share is currently set at 10% - 20% of the seized asset, based on the participation of the K-9 team. FINANCIAL IMPACT The expected financial impact is that there will be revenue generated through federal seizure forfeiture, but it is not possible to calculate or forecast how much. It is possible that our K9 team may locate illegally gained cash in large amounts, but we can't forecast with any accuracy if, when, or how much. INFORMATIONAL MEMO Page 2 The overtime costs will be reimbursed by the US Postal service per this MOU, so there is no impact to existing budgets. Our Canine Team will work this detail on his day off for the reimbursed overtime discussed above, as to not impact his primary duties with the police department. RECOMMENDATION The Council is being asked to approve the Memorandum of Understanding, and consider this item at the April 23, 2018 Committee of the Whole meeting, and subsequent May 7, 2018 regular meeting. This MOU has been reviewed and approved by the City Attorney. ATTACHMENTS -Memorandum of Understanding 2 W:12018 Info Memos\USPS K9 Info Memo Final.doc UNITED STATES POSTAL INSPECTION SERVICE SEATTLE DIVISION MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL INSPECTION SERVICE AND TUKWILA POLICE DEPARTMENT FOR THE JOINT COOPERATION OF NARCOTICS ENFORCMENT ACTIONS ASSOCIATED WITH THE POSTAL INTERDICTION AND NARCOTICS TASK FORCE This document sets forth the general understanding between the United States Postal Inspection Service (the "Inspection Service" or "USPIS") and the Tukwila Police Department ("TPD") with respect to a joint cooperative law enforcement effort to be known as the Postal Interdiction and Narcotics Task Force ("PINT"). This document is an internal government agreement and is not intended as a formal contract or to confer any rights or benefits to any private person or party. The goals of the PINT will be to protect the public by investigating and prosecuting criminal offenses related to the trafficking of controlled substances as well as other dangerous drugs, as well as money laundering violations. I. Purpose The purpose of this Agreement is to develop a cooperative effort with TPD for the investigation and prosecution of criminal offenses involving the trafficking of controlled substances, money laundering, mail and identity theft, as well as establishing the terms and conditions under which the TPD may coordinate investigative efforts and/or provide assistance to the Inspection Service in developing investigations and cases for criminal prosecution. II. Mission To investigate, and where appropriate, prosecute individuals participating in illegal drug activity in the western part of the State of Washington in order to protect the general public from illegal drug activity, create a safer and more secure environment for businesses and the general public. III. Objectives A. To facilitate and maintain effective communications between the Participating Agencies and maximize the use of the task force intelligence and resources. B. To conduct coordinated responses to mailings containing controlled substances and proceeds related to the sales of controlled substances. PO Box 400 SEATTLE, WA 98111-4000 TELEPHONE: (877)876-2455 3 -2- C. To identify individuals and organizations utilizing the US Mail to transport narcotics and other controlled or dangerous substances, and where appropriate, secure their successful prosecution. D. To substantially reduce the receipt of illegal drug mailings to and from the western part of Washington. IV. Partici ants Any TPD employees assigned to the PINT pursuant to this Agreement are not considered Federal employees, nor are they employed by the United States Postal Service ("USPS") or the Inspection Service. They are not entitled to any benefits of Federal employment by virtue of this assignment. V. Personnel Commitment The Participating Agencies intend to provide experienced law enforcement personnel to the PINT for participation on designated investigations. By assigning personnel to this Task Force, the TPD represents they are not the subject of any current or pending disciplinary action. Additions or deletions of personnel will be at the discretion of the authorizing supervisors of the respective participants. VI. Principles The following principles are intended to help guide relationships between the Parties to this Agreement. A. Recognition of Authority Tukwila Police Department recognizes the Postal Inspection Service is the principle Federal Law Enforcement Agency responsible for the investigation and enforcement of Federal law regarding the U.S. Mail, use of the mails, and property in the custody of the USPS. B. Administration It is the intention of this Agreement Task Force cases will be jointly investigated whenever it is practical to do so. The participants (or their designated representatives) will meet on a regular basis to discuss investigations, share intelligence, etc. C. Jurisdiction The determination as to whether a case will be prosecuted Federally or by the appropriate county or State authority will be based upon the determination of which prosecutorial venue will best serve the interest of justice consistent with the overall mission objectives of the initiative. 4 -3- D. Supervision In order to effect efficient field operations, operational supervision of the personnel assigned to the PINT, while working on initiatives or investigations directly related to the PINT, will be the responsibility of a designated Task Force Supervisor (hereinafter TFS). U.S. Postal Inspector France R. Bega is currently designated as the TFS for the PINT. The TFS will have overall responsibility for managing the PINT, and will be responsible for funding issues, interagency communication and coordination, workload tracking, resources, logistics, and day-to-day operational supervision of the personnel assigned to the PINT, including ongoing investigations. The Tukwila PD remains responsible for the general supervision of its employees, as well as issues involving salary and other benefits. In the event of a conflict with respect to supervisory authority, no action will be taken by the involved personnel until the conflict is resolved at the agency head level. Each member of the PINT is subject to the personnel rules, regulations, laws and policies applicable to their respective agency. Each Task Force officer will continue to report to his or her respective agency supervisor for non- investigative matters not otherwise detailed in this Memorandum. E. Standard Operating Procedures The TFS will be primarily responsible for directing and monitoring investigations related to this task force subject to guidelines from the participants. In cases which have been designated for Federal prosecution, all investigative procedures shall conform to current Inspection Service and Department of Justice regulations and guidelines with respect to criminal investigations and undercover operations. The Tukwila Police Department understands U.S. mail entering or leaving the State of Washington is sealed against inspection and cannot be opened except under authority of a Federal search warrant issued pursuant to Rule 41 of the Federal Rules of Criminal Procedure, or by consent of the sender or addressee of the mail piece. Tukwila PD may not, in any manner, detain or otherwise interfere with U.S. Mail, nor may they record information from mail matter unless specifically authorized to do so by a U.S. Postal Inspector. F. Location The PINT will be housed and operated from the Inspection Service domicile located at: Seattle P&DC Domicile 10700 27th Ave S Tukwila WA 98168 5 -4- G. Administrative Support Routine administrative support for the PINT will be provided by the Inspection Service. VII. Financial Responsibility Each participating agency will be responsible for the base pay and benefits of their employees participating on the PINT. Confidential informant payments, buy - monies and other investigative expenses will be provided by the Inspection Service. Such expenditures must be approved in advance by the designated Inspection Service TFS. VIII. Overtime Payments Each agency remains responsible for the salary and benefits of their employees participating on the Task Force. The Inspection Service will, as described in Attachment A to this Agreement, provide funding as available for the reimbursement of overtime payments for Tukwila PD law enforcement officers participating on the Task Force pursuant to the terms of this Agreement. In this regard, participating Tukwila PD law enforcement officers are required to provide the TFS documentation of their investigative activity for certification, including the applicable case number. The maximum reimbursement entitlement for overtime worked on behalf of the joint operation is set at $17,000.00 per year, per Task Force officer. Any changes in this regard will be communicated to the TPD. The procedures for submitting requests for reimbursement are outlined below and in Attachment A, Cost Reimbursement Agreement, which is incorporated as a part of this Agreement. VIII. Program Audit This Agreement and its provisions are subject to audit by the Postal Inspection Service, USPS Office of Inspector General, and other Government auditors. Tukwila PD agrees to permit such audits and to maintain all records relating to these transactions for a period of not less than three years, and in the event of an ongoing audit, until the audit is completed. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts of expenditures related to this agreement, as well as interviews of any and all personnel involved in these transactions. X. Forfeiture The Inspection Service shall process assets seized pursuant to Task Force operations for Federal forfeiture proceedings where it is deemed appropriate to do so. Those seizures not deemed appropriate for Federal forfeiture proceedings may be processed for forfeiture pursuant to State of Washington law. In the event the Federal forfeiture actions are perfected, the Tukwila Police Department is entitled to equitable sharing. Equitable Sharing shall be conducted in accordance with 6 -5 - Inspection Service policy and procedures, as well as the U.S. Department of Justice guidelines. For assets forfeited administratively, the Inspection Service has the authority to decide the amount of the equitable sharing. For assets forfeited through Federal civil or criminal proceedings, the U.S. Department of Justice determines the equitable share for each participating agency. XI. Evidence Evidence collected during investigations related to the PINT shall be retained in the custody of the agency assigned the specific investigation. It is anticipated that generally, the Inspection Service protocols for processing and retaining evidence will be followed. XII. Media Relations and Press Releases Media relations and press releases will be coordinated between the Inspection Service and the Tukwila PD. XIII. Disclosure of Grand Jury Proceedings All personnel assigned to the PINT shall strictly adhere to the requirements of Rule 6(e) of the Federal Rules of Civil Procedure regarding Grand jury secrecy. Disclosures of such Grand Jury information to Tukwila PD personnel shall be made after authorization has been obtained from the appropriate United States Attorney's Office. XIV. Compliance with Civil Rights Act of 1964 All personnel assigned to this initiative will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by and pursuant to the regulations of the Department of Justice (28 CFR Part 42, Subparts C and D) issued pursuant to Title VI, relating to discrimination on the grounds of race, color, creed, sex, age, or national origin, and equal employment opportunities. XV. Liability Each party to this Agreement shall indemnify, defend, and hold harmless the other Party, its officers, employees, and agents against loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character including but not limited to reasonable attorney fees arising from or related to any negligent or wrongful act or omission of the Indemnifying Part, its officers, agents or employees, which occurs in the performance of, or otherwise in connection with this Agreement, but only in proportion to and to the extent such loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including reasonable attorney fees, is caused by or results from the negligent or wrongful act or omission of the Indemnifying Party, its officers, agents or employees. Any third party claims, causes of action and liabilities asserted will be handled in accordance with the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671- 2680. 7 -6 - XVI. Duration This Narcotics Investigations Task Force will be initiated on or about April 1, 2018. This memorandum is in effect upon the signing by authorized representatives of the Tukwila Police Department and the Inspection Service, and shall continue in full force and effect until terminated or canceled by the parties. This memorandum may be terminated or canceled by either party at any time, for any reason, on written notice provided thirty (30) days in advance of the effective date of termination. Any modification or amendment to this Memorandum of Understanding shall become effective only when reduced to writing and signed by the authorized officials of the respective agencies. XVII. Authorization and Signatories This Memorandum of Understanding, including attachments, consists of nine pages and is hereby accepted as setting forth the general intentions and understanding of the Parties. For the U.S. Postal Inspection Service: Anthony Galetti Inspector in Charge - Seattle Division United States Postal Inspection Service For the Tukwila Police Department Bruce Linton Chief of Police Tukwila Police Department 8 Date: Date: -7 - ATTACHMENT A Cost Reimbursement Agreement It is hereby agreed between the United States Postal Inspection Service and the Tukwila Police Department, 6200 Southcenter Blvd, Tukwila, WA 98188, Federal Taxpayer Identification Number (TIN) 91-6001519, that: Subject to the availability of funds, the Inspection Service will reimburse the TPD for authorized overtime payments for the law enforcement officer(s) assigned to the Postal Interdiction and Narcotics Task Force. Tukwila Police Department will assign a law enforcement officer to the Postal Interdiction and Narcotics Task Force commencing on or about April 1, 2018. The Inspection Service will, subject to the availability of funding, reimburse the TPD for overtime payments made to the officer(s) assigned. Overtime payment reimbursement for officers on an as -needed basis assigned to the Postal Interdiction and Narcotics Task Force will be calculated at the usual rate for which the individual investigator's time would be compensated. The maximum overtime reimbursement for the assigned TPD investigator per fiscal year (October 1 through September 30) will not exceed $17,000.00. Overtime reimbursement will be made directly to the TPD by the Inspection Service. All overtime reimbursement payments are made by electronic fund transfer (EFT). An ACH vendor/miscellaneous payment enrollment form must be completed by TPD and submitted to the Inspection Service Seattle Division Headquarters in order to facilitate payment. Tukwila Police Department agrees to provide a monthly overtime invoice which includes a detailed breakdown, by investigator, of the date(s) and the number of overtime hours worked as part of the Task Force, along with the referencing case numbers. Overtime invoices requesting reimbursement should be submitted on a monthly basis as soon as practical after the first of the month following the month for which reimbursement is requested to the following: Norm Esteban, Administrative Specialist US Postal Inspection Service USPIS PO Box 400 Seattle, WA 98111-4000 At the commencement of each Inspection Service fiscal year, prior to submission of any overtime reimbursement requests, the TPD will provide the salary and hourly overtime rate for each investigator assigned to the Postal Interdiction and Narcotics Task Force. Requests for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an 9 -8 - appropriate supervisor of the TPD that the request has been personally reviewed, the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned Postal Interdiction and Narcotics Task Force casework. Each request for reimbursement will include an invoice number, invoice date, taxpayer identification number (TIN) and the appropriate bank routing information to facilitate the electronic fund transfer. The banking information should include the depositor account title, bank account number, routing number, and type of account (checking, savings, or lockbox). If the banking information changes, a new ACH vendor/miscellaneous payment enrollment form must be submitted to the Inspection Service. Anthony Galetti Inspector in Charge US Postal Inspection Service Bruce Linton Chief Tukwila Police Department 10 Date Date _g_ ATTACHMENT A-1 TUKWILA POLICE DEPARTMENT Notification has been received by the Task Force Field Supervisory Officer the following TPD investigator is assigned to the Narcotics and Economic Crime Investigations Task Force for operations conducted throughout FY 2018, and is authorized to receive overtime: Narcotics K9 Detective James C. Sturgill France R Bega Date Task Force Supervisor 11 12 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Jay C. Wittwer, Fire Chief BY: Chris Flores, Assistant Fire Chief CC: Mayor Ekberg DATE: 04/10/18 SUBJECT: Outfitting New Apparatus ISSUE At the February 20, 2018 Regular Meeting, the Council approved the purchase of two Fire engines and one ladder truck. The order has been placed and all are scheduled to be delivered in 11-13 months. As was referenced at that Council meeting, the apparatus must be stocked with equipment, not covered in the purchase of the vehicles. The Fire Department seeks Council approval for the purchase of this outfitting equipment. Purchasing will consist of muliple appropriations. BACKGROUND Accessory equipment and tools are not included in the purchase price of the apparatus. Examples of such equipment would be mobile radio systems which must be ordered now due to exceptionally length lead/manufacturing circumstances, then delivered to Pierce Manufacturing for installation in the apparatus. Other categories of tools and equipment will be purchased and mounted by city or department personnel upon delivery. DISCUSSION Existing department inventory that is usable and serviceable will be removed from apparatus being replaced and mounted for use on the new apparatus. FINANCIAL IMPACT Expenditures not to exceed $235,000.00 without additional approval. Approximately $3.6 million was allocated in the Public Safety Plan/Bond for purchase and outfitting of these three apparatus. $3,091,174.00 was expended for the vehicles, leaving approximately $500,000 for outfitting. The outfitting costs will come under the allocated figures by approximately half. RECOMMENDATION The Council is being asked to consider this item at the April 23, 2018 C.O.W., and authorize at the May 7, 2018 Regular Meeting, expenditures for outfitting new Fire Department Apparatus, not to exceed $235,000.00. ATTACHMENTS N/A 13 14