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HomeMy WebLinkAbout22. Bearcat Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Price, Chief of Police SUBJECT: Homeland Security Grant Program purchase of Bearcat Armored Response and Rescue Vehicle MEETING DATE: October 6, 2014 AGENDA ITEM TYPE: Action RECOMMENDATION: Ratify the City Manager’s signature on the initial grant application, award commitment letter and purchase agreement for Bearcat Armored Response and Rescue Vehicle. BACKGROUND: History of Special Response Team In 1990 a joint Special Response Team (SRT) consisting of members of the Gallatin County Sheriff’s Office and the Bozeman Police Department was formed. Our agencies recognized that certain critically dangerous situations do occur and that they can exceed the normal capabilities of a patrol response for these situations to be safely resolved. The Crisis Negotiations Unit, members of which are trained in negotiation and de-escalation tactics, also responds to most incidents. The team is comprised of sworn officers from both the Gallatin County Sheriff’s Office and the Bozeman Police Department, with up to 10 officers/deputies from each department. This is a voluntary assignment into which applicants are rigorously evaluated then selected. They train as a team for 16 hours monthly, in compliance with best practices as set by both national and state standards. Recognizing the need for specially trained emergency medical care, the team was expanded in 2013 to include tactical emergency medical providers. These include paramedics from Bozeman Fire Department, Rae Sourdough Fire Department, and Summit Air Ambulance. These unarmed emergency personnel respond as part of the team, not only to provide immediate life-saving medical care to victims and suspects, but to provide that same care to SRT members. The type of situations warranting an SRT callout includes hostage situations, armed barricaded suspects, high risk fugitive arrests and dignitary protection details. The leadership structure of the team includes a command level member from both the Police Department and the Sheriff’s 234 Office. Those commanders are charged with deployment and tactical decisions as they relate to the actions of the members and the resources that are used. The team is organized as a regional asset and has responded to incidents in not only Bozeman, but throughout Gallatin County, including Belgrade, Clarkston, Three Forks and West Yellowstone. In response to requests from other agencies, they have also been called to areas in Park, Sweet Grass, Meagher, Cascade, and Lewis & Clark counties as well as Yellowstone National Park. The number of team responses has fluctuated greatly over the years, with the average being about five callouts annually. Many of these calls involved an armed barricaded suspect who had either already shot someone, fired shots at another person or had made credible threats to harm themselves, a relative or a neighbor. An examination of calls since 2001 shows that members of the team have been fired upon during at least six incidents, either as they tried to move into safe positions or during attempts at negotiations. Protective Equipment Providing ballistic protection has always been a primary concern. That protection not only shields the responding officer but provides at least some level of protection to innocents that must be evacuated from harm’s way. Each team member is provided a bullet resistant vest that covers much of their torso. Additionally they have been issued a protective helmet. The vest and helmet have an elevated protection rating but still leaves the officer/paramedic vulnerable on many areas of their body and to most rifle rounds. Team equipment includes a handheld shield that increases their protection to some degree, but still leaves much exposure. Over the years, both departments increasingly recognized the need for better protection and a safe response and rescue vehicle for these highly specialized and dangerous events. In Fiscal Year 2009, with the support of the Bozeman Police Department, Gallatin County applied for a Department of Homeland Security grant for the purchase of a similar vehicle. They were not successful in receiving funding through that application. Safety concerns about our ability to handle these difficult responses remain. Likewise, agencies in other regions of our state have recognized the needs of their areas. The following jurisdictions maintain Special Response Teams that respond and support their regions and have provided some form of ballistic vehicle protection: Kalispell Police Department (2007), Yellowstone County Sheriff’s Office (2009), Missoula County Sheriff’s Office (2010), Flathead County Sheriff’s Office (2013), Helena Police Department (2013), Great Falls Police Department (2014). These armored vehicles, and their supporting teams, are available through a request for mutual aid. At the very minimum, we would suffer a four hour delay before the closest team could be on scene, frustrating our use for evacuation or medical response. When viewed for regional response, the southwest portion of our state has a significant gap of coverage. With Bozeman and Gallatin County as the major response for that area, I believe it is our responsibility to provide for that safety coverage. Grant Application and Award In April 2013, I was notified of grant funding opportunities that were offered through the Homeland Security Grant Program as administered by the State of Montana Disaster and Emergency Services Grant Program. The grant program provides funding in support of Presidential Policy Directive/PPD-8 that focuses on national preparedness. This includes actions taken to equip, train and exercise, build and sustain capabilities to prevent, protect against, and 235 mitigate the effects of threats that pose the greatest risk to our communities and nation. Some of the response goals in the grant included capabilities necessary to save lives, protect property, and meet basic human needs after an incident, either man-made or natural disaster. Since the Gallatin County application of 2009, SRT responses continue to occur, several of which included officers being placed in grave danger during their response. The same need for protection and regional response exist today and I requested Deputy Chief McLane to start the application process to again address this need. On April 17, 2013 the City of Bozeman completed and submitted a Notice of Intent to apply for grant funding in the amount of $253,537. The notice indicated intent to apply for funding of the purchase of an armored response vehicle and additional specific training for the SRT members. The vehicle identified was a 4-wheel drive, Lenco Bearcat G3. This vehicle is built specifically for the civilian law enforcement market and provides armor protection from rifle rounds, the type that our SRT team had encounters. The vehicle has high ground clearance for aggressive off road performance and maneuverability. There are four side doors and two full back doors, and the vehicle holds a total 10 team members if needed. Auxiliary top lights allow the delivery of high intensity lighting to all angles of a building, field or vehicle. The Bearcat is clearly marked and has front and rear red/blue flashing lights to identify it as an emergency vehicle. On September 27, 2013 our agency was notified that the Senior Advisory Committee of the Montana Department of Emergency Services voted for our project to receive funding and a full grant application must be completed and received by October 11, 2013. Deputy Chief Rich McLane completed the documentation. I reviewed this grant application and found it satisfied the objectives of both the grant and the need to protect officers and citizens in and around Bozeman. The grant application was signed by the City Manager and submitted on October 10, 2013, one day before the deadline. Letters in support of the need and purchase were submitted by Gallatin County Sheriff’s Office, Montana State University Police Department, Bozeman Yellowstone International Airport, West Yellowstone Police Department, Livingston Police Department and Park County Sheriff’s Office. On October 15, 2013, the City was notified that the grant funding for this project was awarded. Based on the award, a purchase agreement was entered into between the City and Lenco Armored Vehicles on November 26, 2013, for the manufacture, purchase and delivery of the Bearcat G3. Bearcat Delivery and Use On May 9, 2014 the vehicle was delivered to Bozeman by transport truck. It was initially delivered to, and stored at, the City vehicle maintenance building. After receiving approval from Sheriff Gootkin, it was moved to the garage port at the Gallatin County Detention Center on May 21, 2014. This move was to protect the vehicle and make it more readily available for deployment as needed. Initial training on operation and features was provided so that it could be made operational in case of need. In September 2014 the vehicle was marked with decals to ensure it was clearly identified as a Bozeman/Gallatin County emergency response vehicle and a radio was installed to enable communication with other emergency responders. The Bearcat was activated once since its arrival. On August 1, 2014 the vehicle transported team members to the area of an incident. In that event, a suspect wanted for shooting a man in Butte had been located in a trailer park in the jurisdiction of Gallatin County. The armored vehicle was staged in the area and was not needed as part of the arrest. 236 On August 14 and 15, 2014, members of SRT were given training on more advanced operational and rescue uses of the Bearcat. This training occurred in Gallatin County and also included members of teams from Helena Police Department and Lewis and Clark County Sheriff’s Office. In September 2014 I approved a media story involving the uses and benefits of the Bearcat and the protection that it provides to our citizens, our region, and our officers. That story ran on September 19, 2014. On the heels of that story I was contacted by two Commissioners asking about the Bearcat. I attempted to find a copy of Commission action on the grant application and purchase agreement. It was at this time I realized this purchase had not been approved by Commission action. As soon as I discovered this, I contacted the City Manager, the Mayor and each Commissioner to notify them and to apologize for my actions and lack of action. Responsibility for Commission Action It is the practice of the police department to present grant award information to the Commission for their action prior to acceptance or immediately after for ratification. In this case, the communication between City Manager Kukulski, Deputy Chief McLane and me failed. Assumptions were made on my part as to how this notification had been handled and those assumptions were wrong. There was no deliberate attempt to conceal this request, purchase or use from you or the public. As the department head, I am responsible for the operations of the Bozeman Police Department. I have apologized to each of you privately and publicly. I do so again. My failure in process does not negate the need for the protection of our community. The safety of responding officers, civilian medics and members of the public is paramount. This vehicle, with its controlled use and oversight, provides a resource for that safety. It is my recommendation, and request, that the Commission ratifies the signature of the City Manager on the initial grant application, award commitment letter and purchase agreement for Bearcat Armored Response and Rescue Vehicle. UNRESOLVED ISSUES: It has yet to be determined if there are any long-term impacts or federal grant repercussions related to the equipment return. ALTERNATIVES: Return the vehicle to the Department of Homeland Security or other eligible agency. FISCAL EFFECTS: Initial costs related to marking and installation of a radio that were less than $500. There are on-going operational costs, such as fuel and repairs that can be shared as part of the partnership with Gallatin County Sheriff’s Office. For three years, repairs are 100% covered by warranty. Attachments: Notice of Intent; April 11, 2013 Application for Bearcat Incident Response Vehicle; October 10, 2013 Agency Letters of Support; various dates Award Document and Guidance; October 15, 2013 Purchase Agreement, Lenco Armored Vehicles; November 26, 2013 Report compiled on: September 29, 2014 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 Brian M. Gootkin Sheriff/Coroner Dan Springer Undersheriff Warren Hiebert Chaplain Jeff Wade Jail Administrator 615 South 16th Bozeman, Montana 59715 (406) 582-2100 FAX (406) 582-2126 OFFICE OF THE SHERIFF/CORONER GALLATIN COUNTY, MONTANA Montana Department of Military Affairs Disaster and Emergency Services Grants Program 1956 MT. Majo Street P.O. Box 4789 Fort Harrison 59636-4789 October 2nd, 2013 Dear Montana DES I am writing this letter in support of the pending application of the Bozeman Police Department’s armored vehicle. The City of Bozeman and the Gallatin County Sheriff’s Office have worked jointly for many years on specialized law enforcement cases. Our Tactical team has been a joint team for over 20 years and has been recognized nationally as well as statewide as an exceptional team. I had the opportunity to serve as the tactical commander for the team for approximately 7 years. During my time as the commander, I had a number of incidents where the availability of an armored vehicle would have been appreciated. I recall times when we had to call jurisdictions as far away as Billings and Great Falls in order to use some sort of armored vehicle. It was during these times that the discussions began with the City of Bozeman and our office to start figuring out a way for us to apply for such a vehicle. There have been times when we could not wait for an armored vehicle to arrive and we used heavy equipment or other vehicles as barriers from a dangerous situation. The team has routinely deployed to multiple agencies throughout SW Montana. These agencies include, Park County, Meagher County, Sweetgrass County, Madison County, Broadwater County, Jefferson County and Yellowstone National Park. We are the closest Type 1 team to all of these jurisdictions and we are centrally located for an armored vehicle to be deployed to these jurisdictions. The Gallatin County Sheriff’s Office wholly supports the idea of providing the City of Bozeman with an armored vehicle. Respectfully, Dan Springer Undersheriff 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris A. Kukulski, City Manager SUBJECT: Supplemental Memorandum Regarding Homeland Security Grant Program Purchase of Bearcat Armored Response and Rescue Vehicle MEETING DATE: October 6, 2014 BACKGROUND: This policy discussion, regarding the Homeland Security grant and Bearcat vehicle purchase, should have taken place in 2013. I apologize for failing Chief Price, the City Commission and our community by signing the grant acceptance without proper authorization. It is my responsibility to ensure that the Commission is properly involved. This was not intentional, rather an oversight on my part. I assumed the grant contract had been, or was in process to be, authorized by the City Commission through our normal procedures. In reviewing emails containing the word “Bearcat,” staff found a weekly “Happening This Week” report from August 21, 2014, which included an update regarding training on the Bearcat addressed to the City Commission and department directors (see attached). The report incorrectly assumes the Commissioners had foreknowledge of the Bearcat vehicle. I have implemented two actions to prevent a similar error from taking place in the future. First, Administrative Order No. 2014 – 01 requires that the City Commission and City Manager be notified in writing of any grant applications that exceed $20,000 in value. The order also requires Commission approval prior to accepting grants that exceed $20,000 in value. Second, we have implemented a grant document routing system. The routing form provides each individual reviewing the document verification of who has already authorized the document for signature. Together these actions will ensure City Commission and City Manager notification and proper authorization before signing grant agreements. This public meeting is about having a respectable dialogue that leads to the very best decision for Bozeman and southwest Montana, a dialogue that should have taken place in 2013. Our organization will respect and carry out your decision with a total commitment to professionalism and service. Attachments: August 21, 2014 Email to City Commission Administrative Order 2014-01 Report compiled on: September 30, 2014 Page 1 of 1 273 Chris Kukulski From: Chris Kukulski Sent: Thursday, August 21 , 2014 6:30AM To: Cc: Anna Rosenberry; Brit Fontenot; Chuck Winn; Craig Woolard; Greg Sullivan; Jason Shrauger; Mitchell Overton; Ron Price; Susan Gregory; Wendy Thomas; Jeff Krauss; Carson Taylor; Chris Mehl; Cyndy Andrus; 1-Ho Pomeroy Ashley Flynn Subject: FW: Draft Happening This Week Attachments: Fall-Winter Guide. pdf; Saddle View Apts. Signage COA-DEV.pdf City Commission and Directors, Updates from this week: 1. The RJC education team presented to seven groups this week. The RJC project page launched on Monday and includes the presentation calendar. Check it out here. 2. Carolyn Poissant will start as TOP Design and Development Manager for the Department of Parks and Recreation on September 9th. Carolyn is a park planner with experience working for the City of Denver, Town of Snowmass, Washoe County, Nevada and Salt Lake City. She is extremely excited to join our team and we look forward to her contribution to the Parks and Recreation Department and City of Bozeman. 3. The Parks and Recreation Fall/Winter brochure and program guide (attached) is now available online. The brochure has a new layout, size, look and feel. It will be inserted into the September Montana Parent Magazine, which hits the stands on August 29 and will distributed throughout the community and available at all City offices on September 1. 4. To answer the insurance question asked by Cr. Mehl on Monday night-The insurance property valuation amount increased significantly for this coverage period (beginning July 2014) due to the combination of the full inclusion of the new elements of the Water Reclamation Facility (post- construction) along with overall property valuation increases from updated appraisals. MMIA performed a member-wide update of building and equipment property values to ensure adequate coverage is in place, which is to our benefit in the event that replacement or repair is needed. The information was presented and discussed at the Jan 17, 2014 Board Meeting. 5. This week officers from our Special Response Team (combined police/sheriff) had specialized training on response and rescue tactics using the Bearcat Vehicle. This vehicle was recently purchased by a Department of Homeland Security Grant and the vehicle and related training will allow our team to safely respond to high risk situations or hard to reach rural locations throughout the country. 6. Mitch began Leadership Bozeman today. "This eight month class consists of one full day per month where the participants learn about a different aspect of the community each month, enabling them to participate and serve in their community as an informed business member." (Bozeman Area Chamber of Commerce Website) 7. I will be traveling to and from Helena Thursday and Friday to attend MMIA board meetings, Bozeman Sunrise Rotary presentation, and MMIA underwriting committee meeting, 1 274 8. Please find one attached map from Community Development. If you have any questions, please contact Brian Krueger at 582-2259 or bkrueger@bozeman.net. 2 275 ADMINISTRATIVE ORDER NO. 2014-01 Adoption of Grant Application and Reception Policy It is hereby ordered that the City of Bozeman Grant Application and Reception Policy is adopted. 1. The City Manager and City Commission must receive written notification within 30 days of all grant applications exceeding $20,000. This notification should be provided by the appropriate department director. 2. All grant agreements exceeding $20,000 must be authorized by the City Commission. This Administrative Order is effective immediately. D~71( t~is 30th d~ ~fS:pte~b~r,,2014 ~ ~ ~ Chris A. Kukulski, City Manager 276