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
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the items detailed above, totaling $1,131,437. Without these federal asset forfeiture f
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unmet vehicle, equipment, supply, and overtime needs would become future Poli
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budget requests, drawing on the City's General Fund. Thus, while these funds
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current and future strain on the City's fiscal resources while meeting unbu
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Department needs. Having communicated these needs to the U.S. Department o
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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