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04-15-2014 - Government Tort Claim Denials - Item 3.pdfta McKay Director of Finance & Administrative Services City of West Covina MEMORANDUM AGENDA ITEM NO.: 3 DATE: April 15, 2014 TO: Mayor and City Council FROM: Christopher J. Chung City Manager BY: Nita McKay Director of Finance & Administrative Services SUBJECT: GOVERNMENT TORT CLAIM DENIALS RECOMMENDATION: It is recommended that the City Council deny the folloWing Government Tort Claims, and the claimants and/or their respective attorneys be so notified. Trin Trong Nguyen. vs. Citylof West Covina Ana Maria Gochez vs. City of West Covina Amelia Hoyo vs. City of West Covina Edith Ramirez, Francisco Magma, Katherin Hernandez, Edith Rose Ramirez & State Farm Insurance vs. City of West Covina Angelina Cruz vs. City of West Covina DISCUSSION: After a review of the investigations in these matters, staff and the City's claims administrator, Carl Warren & Company, determined the City was not liable, or that the claimants failed to cure stated insufficiencies, and recommend denial. As you are aware, since all claims should be considered potential lawsuits, it is requested that all Council Members refrain from making specific public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney. FISCAL IMPACT: Unknown at this time. Prepared by: Reviewed and Approved by: Mike Lee Assistant City Manager/Community Development Commission Director City of West Covina Memorandum AGENDA TO: Mayor and City Council ITEM NO. 4 DATE April 15, 2014 FROM: Christopher J. Chung City Manager BY: Dave Faulkner Chief of Police SUBJECT: ASSET FORFEITURE FUNDS FOR POLICE VEHICLES, OVERTIME, AND SUPPLIES RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Appropriate a total of $1,131,437 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: • $600,000 into 117.31.3120.5113 for supplemental, unbudgeted overtime for staffing shortages, neighborhood crime responses, targeted enforcement, and emergency SWAT deployments; • $152,037 into 117.31.3120.7170 for three (3) new Ford Police Interceptor Utility vehicles, including the purchase price with tax and fees ($111,252), extended service plans ($2,625), extended warranties ($4,140), and equipment/conversion costs ($34,020)—in total, each fully equipped vehicle will cost $50,679; • $81,400 into 117.31.3110.6050 for POST (Peace Officer Standards & Training) mandated and supplemental law enforcement and support services training, and travel and transportation costs needed to obtain a Mine Resistant Ambush Protected (MRAP) armored vehicle from the United States Department of Defense; • $33,000 into 117.31.3110.6120 for multi-agency police radio interoperability maintenance and service fees, paid directly to the East San Gabriel Valley Interagency Communications Interoperability System (Com-Net ICIS); • $110,000 into 117.31.3110.6220 for less lethal weapons, tactical items, law enforcement supplies, and protective gear; • $34,500 into 117.31.3119.6220 for public safety computer supply items including computerized evidence tracking supplies, cabling, and high-speed development computer stations supporting the West Covina Service Group's Computer Aided Dispatch/Records Management System (CAD/RMS). • $65,500 into 117.31.3119.6272 for public safety computer software including ongoing licensing, maintenance, and support for virtual network operations, data firewalls, computer security and anti-virus software, and web domain credentials supporting WCSG operations; • $20,000 into 117.31.3119.7130 for public safety computer equipment including storage arrays, routers, servers, switches, and managed/metered power supplies, supporting WCSG CAD/RMS service; • $35,000 into 117.31.3130.7170 for the purchase and equipping of a non-patrol vehicle for the Special Enforcement Team (SET). 2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i) (2), Attachment No. 1, and the findings of the West Covina Finance Department/Purchasing Officer, find that the City of Los Angeles' Request for Quotation (RFQ) #EV-3636 for Ford Police Interceptor Utility vehicles satisfies West Covina's bid process and authorize the purchase of a total of three (3) vehicles per specifications, directly from Wondries Fleet Group of Alhambra for a total of $111,252 ($37,084 per vehicle) including taxes and fees, from account J17.31.3120.7170. Extended service plans ($2,625) and extended warranties ($4,140) for these three vehicles will also be purchased from this vendor. In total, each fully equipped vehicle will cost $50,679. 3. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), Attachment No. 1, which states ' that the City Council can dispense with the bidding process when a commodity can be obtained from only one vendor, authorize a "sole source" purchase (including trade-in of old weapons) of fifty one (51) TASER X26P less lethal weapons with recording capability, through TASER's 'sole authorized regional distributor/vendor, ProForce Law Enforcement of Prescott, AZ, totaling $90,208 including handling and taxes, from account 117.31.3110.6220. DISCUSSION: The West Covina Police Department received federal asset forfeiture funds stemming from successful law enforcement and prosecution efforts of narcotics cases, spearheaded by the ' Department's Special Enforcement Team (SET). These cases are adjudicated at the federal level by the U.S. Department of Justice, which is often a lengthy process that results in irregular receipts of these funds. The U.S. Department of Justice produces a lengthy publication concerning the spending rules and prohibitions associated with federal asset forfeiture funds. This publication is called the Guide to Equitable Sharing of Federally Foifeited Property for State and Local Governments. Briefly, asset forfeiture funds are approved for new unbudgeted law enforcement uses, must be accounted for separately from other funds to adhere to financial reporting and auditing requirements, and cannot be spent until the funds are actually received as revenue. Moreover, these funds cannot be used to replace (supplant) funding levels for police department items (like police officers, materials, services, supplies and equipment, etc.) previously funded from the City's General Fund. There are sufficient funds available in the fund balance of Fund 117 for a range of needed public safety items, which have been prioritized. These items include the following: • Patrol Vehicles: The patrol vehicle is a basic tool needed by a patrol officer to perform the job of providing police service to residents. For patrol officers, their office space is their vehicle, and they count on those vehicles performing every time they enter them. These vehicles are used in intense pursuits, and often run nonstop supporting multiple patrol shifts round the clock—this greatly reduces these vehicle's useful lifespan in comparison to regular civilian passenger vehicles. Currently, three high-mileage vehicles have been identified as needing immediate replacement (Units P3, P12, and P18, which are 2005 through 2011 model Ford Crown Victoria Interceptors)—other vehicles will need replacement in the near future. In comparison to a standard civilian car, the actual mileage and wear and tear on these units' engines far exceeds the odometer numbers, because these patrol units frequently idle for long periods of time at crime scenes and traffic stops while Officers use vehicle-mounted lights, mobile data computers, and communications equipment. Ford previously announced its discontinuation of its Crown Victoria Interceptor model in 2011. Staff from the West Covina Police Department test drove police vehicles from several manufacturers that are currently in production, and also evaluated data concerning these vehicles from other Police Departments. The Ford Police Interceptor Utility vehicle—an Explorer like vehicle with options specifically tailored to police operations— emerged as the vehicle that best meets the patrol needs of the West Covina Police Department. This vehicle is also the most popular choice of new patrol vehicle among many police agencies across California. Wondries Fleet Group of Alhambra has offered three (3) of these vehicles to West Covina, tied to the purchase terms that the City of Los Angeles purchased two hundred and ninety four (294) of them under Request for Quotation (RFQ) number EV3636, incorporating options and features specific to the West Covina Police Department. The City of Los Angeles awarded this RFQ to the lowest priced responsive bidder, Wondries Fleet Group, and recently ordered 294 vehicles under Purchase Order #1460132 on November 13, 2013. The City of West Covina's purchasing policy as specified in Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i) (2), allows for "piggypacking" on this RFQ to satisfy West Covina's competitive bid process—see Attachment No. 1. This allows West Covina to obtain the same base pricing for three vehicles as Los Angeles did for their 294 vehicles, and also saves considerable staff time. The purchase price of each vehicle offered by Wondries to West Covina totals $37,084, excluding warranty and service plan. Staff also obtained an additional comparison price quote, from Sunrise Ford of Fontana, also excluding warranty and service plan, which was $40,570—several thousand dollars more. Staff, including the Director of Finance and Administrative Services and the Purchasing Officer, concur with the recommendation to "piggyback" and believe that West Covina would not obtain a lower price quote than that offered by Wondries Fleet Group. There are funds available to purchase three (3) of these vehicles from federal asset forfeiture funds. These vehicles (which cost $37,084 each, including taxes and fees) will be equipped with public safety vehicle-mounted gear by the Police Department's currently authorized vehicle conversion vendor (West Coast Lights & Sirens). Additionally, the vehicles will be augmented with extended warranties, service plans, and extra wheels/tires from Wondries Ford. The extended warranty lasts five years or 75,000 miles with a zero (0) deductible and is a "bumper to bumper" warranty that covers virtually all vehicle components (e.g., drive train, air conditioning, etc.), excluding standard/regular maintenance—see Attachments No. 2 and 3. The extended service plan covers the standard/regular maintenance (i.e., oil changes, tire rotations, multi point inspections) and also lasts for 75,000 miles, with service every 5,000 miles—see Attachment No. 4. In total, each fully equipped vehicle will cost $50,679. When replaced, the old Crown Victorias will be rotated to non-patrol uses, or auctioned. • Supplemental Overtime: An unbudgeted need within the Police Department is supplemental overtime ($600,000) to fund staffing shortages, responses to unplanned neighborhood crime and safety problems as they arise, targeted enforcement at key areas of the City, and emergency SWAT team deployments. • One Surveillance Vehicle: In addition to patrol vehicles, the Police Department is in need of a non-patrol vehicle for undercover surveillance operations conducted by the Special Enforcement Team (SET). Several vehicles used by the SET team have suffered severe mechanical problems, reducing the effectiveness of ongoing operations, and a new vehicle is needed. A new vehicle will be equipped with surveillance and law enforcement equipment, but does not warrant a full patrol/pursuit vehicle package. Instead, a vehicle with a more ordinary appearance will be selected, at a lower price than patrol vehicles, and below the $30,000 threshold that requires a formal bid (RFB/RFQ) and City Council approval. Because the vehicle that the Police Department selects will be used in surveillance operations, the Department does not want to publicize the specifics of the vehicle. • Training: In late 2013, the California Commission on Peace Officer Standards and Training (POST) suspended funding reimbursements for a range of public safety training courses, due to a budgetary shortfall at the State level. This funding suspension, which is currently scheduled to last through June 30, 2015, affects numerous training courses offered to Dispatchers and sworn Officers. In brief, POST still requires that Officers and Dispatchers complete certain core training courses, and (every 2 years) also complete at least 24 hours of approved Continuing Professional Training (CPT) courses and 12 hours of perishable skills training, but is reducing its reimbursement levels for these courses. Certain contract, management, supervisory, and mandated courses are excluded from these reductions'. It is allowable to use federal asset forfeiture funds ($75,000) for police training, to ensure that WCPD personnel can attend vitally needed training courses in line with POST' s two-year training requirements, that these personnel would otherwise not be able to, due to lack of State/local funding. Additionally, approximately $6,400 in travel and transportation funds for sworn Police Officers are needed to obtain a Mine Resistant Ambush Protected (MRAP) armored vehicle. This vehicle, an advanced armored vehicle that is both bullet-resistant, and explosive resistant, is offered to the West Covina Police Department by the United States Depaiunent of Defense (DOD), free of charge, under its "1033" Excess Property Program. The MRAP will only be used during incidents of an extreme nature, evacuating hostile assault victims and transporting Officers. Although this vehicle is transferred to the Police Department free of charge, it must be picked up at a DOD facility in Texas, and requires travel and transportation costs (approximately $6,400) in order to retrieve it. Inquires by staff into the costs of transportation by delivery truck was found to be significantly more expensive, at approximately $14,000. • East San Gabriel Valley Interagency Communications Interoperability System: Approved by the City Council on September 17, 2013 (Agenda Item 9), the City of West Covina has joined the "Com-Net" East San Gabriel Valley Interagency Communications Interoperability System (ICIS), through a fully executed Joint Powers Agreement (JPA). This "Corn-Net" ICIS JPA network allows West Covina to access fully interoperable radio communications, linking numerous law enforcement agencies together, within the San Gabriel Valley and beyond. As stated in that agenda item, the annual maintenance fee (approximately $33,000) is to be paid directly to the "Corn-Net" ICIS JPA from available asset forfeiture funds. • Law Enforcement Computer Items: The Police Department is in need of a range of items that support the West Covina Service Group's (WCSG) delivery of Computer Aided Dispatch/Records Management System (CAD/RMS) services to West Covina and all other clients. These items will also adhere to the new federally mandated CJIS (Criminal Justice Information Services) Security Policy—see Attachment No. 5 for a summary. These items support WCSG enterprise, enhancing CAD/RMS and computer management services provided to all clients, including the West Covina Police Department and Fire Department. Current and future projected needs include the following: o $34,500 for computer supply items including computerized evidence tracking supplies, cabling, high-speed computer stations dedicated for development projects and internal WCSG programming; o $65,500 for ongoing licensing, maintenance, and support for virtual network operations, data firewalls, computer security and anti-virus software, and web domain credentials; o $20,000 for computer infrastructure equipment including storage arrays, routers, servers, switches, and managed/metered power supplies. These items support CAD/RMS service and data security for West Covina and all clients of the WCSG, adhering the new terms of the CJIS Security Policy. • Equipment and supplies: Certain equipment and supply items, totaling $105,000 are also needed. These include less lethal weapons, tactical items and protective gear for SWAT, and law enforcement supplies. The largest component of these needed supplies is less lethal weapons, specifically TASER devices with video recording capability. Carried by sworn Police Officers in the field, the Department's existing less-lethal TASER devices are an older design that lacks video recording capability. Newer TASER devices are equipped with a video recording system that is activated when the safety switch on the weapon is turned off in preparation for deployment. Having such video evidence constitutes a considerable advantage for the City, in terms of liability, and it is recommended that all current TASER devices be traded in and replaced with newer video-capable TASERs. ProForce Law Enforcement of Prescott, Arizona is the sole source, regional distributor authorized by the manufacturer of these less-lethal weapons, TASER International, to sell them to law enforcement agencies. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2 -330 (b)—see Attachment No. 1—which states that the City Council can dispense with the bidding process when a commodity can be obtained from only one vendor, the City Council can authorize a "sole source" purchase (including trade-in of old weapons) of fifty one (51) TASER X26P less lethal weapons with recording capability, from ProForce Law Enforcement, totaling $90,208 including handling and taxes. FISCAL IMPACT: The West Covina Police Department received federal asset forfeiture funds stemming from successful law enforcement and prosecution efforts of narcotics cases, spearheaded by the SET Prepared by: Nita McKay Director of Finance & Admin.rvices cR3, team, such that there are sufficient monies available in the fund balance of F u n d 1 1 7 f o r a l l o f the items detailed above, totaling $1,131,437. Without these federal asset forfeiture f u n d s , t h e s e unmet vehicle, equipment, supply, and overtime needs would become future Poli c e D e p a r t m e n t budget requests, drawing on the City's General Fund. Thus, while these funds d o n o t s u p p l a n t existing budgeted funds, they provide significant savings of General Fund mone y a n d a l l e v i a t e current and future strain on the City's fiscal resources while meeting unbu d g e t e d P o l i c e Department needs. Having communicated these needs to the U.S. Department o f J u s t i c e , a n d received their concurrence, it is appropriate and allowed to use available federal asset forfeiture funds for these items. Alex B. Houston Police Administrative Services Manager Reviewed/Approved by: / Dave Faulkner Chief of Police Mike Lee Assistant City Manager/Community Development Commission Director Attachment No. 1: Attachment No. 2: Attachment No. 3: Attachment No. 4: Attachment No. 5: Excerpt of West Covina Municipal Code/Purchasing Policy Extended PremiumCare Warranty Price Quotation frOm Wondries Fleet Group PreiniumCare Brochure Extended Service Plan Quotation from Wondries Fleet Group Summary of CRS Security Policy