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HomeMy WebLinkAbout1999-01-19 City CouncilCity City of Palo Alto Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT:POLICE 9 DATE: SUBJECT: JANUARY 19, 1999 CMR:107:99 APPROVAL OF AGREEMENT WITH THE CITY OF MOUNTAIN VIEW FOR JOINT HOSTAGE NEGOTIATION AND SPECIAL WEAPONS AND TACTICS (SWAT) TEAM RECOMMENDATION Staff recommends Council approve the attached agreement with the City of Mountain View which authorizes the Police Department’s participation in the Regional Hostage Negotiations and Special Weapons and Tactics Team. BACKGROUND It has long been recognized that mutual aid between police departments sharing a common boundary and similar demands is highly desirable. The responses to critical incidents require the specialized attention of a team trained to be effective in highly volatile situations. Police departments also recognize that delivery of these services can be accomplished with enhanced flexibility when forces are combined. To that end, the Police Departments in Palo Alto, Mountain View and Los Altos agreed in January 1992 to establish and participate in the North County Regional Hostage Negotiations Team (HNT) and Special Weapons and Tactics (SWAT) Team. Although Los Altos has since withdrawn from the Regional Team, the Cities of Palo Alto and Mountain have continued to work together under the terms of the original arrangement. The Mountain View and Palo Alto Police Departments are very similar in the number of sworn staffing, General Orders, use of force and tactical strategies. Both agencies share the desire for peaceable resolution to high risk and critical incidents. CMR:107:99 Page 1 of 3 DISCUSSION During a training session in Spring 1994, a Palo Alto Police Reserve Officer was accidentally killed while participating in a combined training session for the World Cup Soccer event that was held at Stanford Stadium. The litigation that followed resulted in an independent audit of the Mountain View SWAT Team by an expert in the field and was completed in May 1996. That report included recommendations in the areas of administration, management and operation of the program that have since been implemented. The changes rendered the previous agreement obsolete. The proposed agreement reflects the modifications and is consistent with the recommendations made in the auditor’s report. The new agreement addresses personnel/supervision and policies/procedures. A civil liabilities clause establishes that each City’s employees so assigned, will be considered to be special employees of the other City. The Mountain View City Council approved the agreement at its meeting of November 24, 1998. , POLICY IMPLICATIONS Mountain View and Palo Alto agree to release each other and hold each other harmless, as well as their officers and employees, for any loss or liability arising from the activities of the Regional Team pursuant to this agreement. RESOURCES IMPACT While there is not any direct resources impact to the approval of this agreement, it should be noted that the associated annual costs Palo Alto’s participation in the Regional SWAT Team, including staff time, training and equipment is approximately $100,000. ENVIRONMENTAL ASSESSMENT This is not a project subject to California Environmental Quality Act (CEQA) requirements. ATTACHMENTS Agreement CMR:107:99 Page 2 of 3 PREPARED BY: Robert J. Brennan. Police Lieutenant REVIEWED BY: PATRICK CITY MANAGER APPROVAL: EMILY HARRIS~Assistant City Manager CMR:107:99 Page 3 of 3 CITY OF MOUNTIAN VIEW -ORIGINAL COPY AGREEMENT BETWEEN THE CITIES OF PALO ALTO AND MOUNTAIN VIEW FOR JOINT POLICE SERVICES This contract is dated for identification this -day of ,1998, and is made by and between the CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation, whose address is P.O. Box 7540, Mountain View, California, 94039 (hereinafter "MOUNTAIN VIEW"), and the CITY OF PALO ALTO, whose address is (hereinafter "PALO ALTO"). RECITALS A. MOUNTAIN VIEW and PALO ALTO share not only a common boundary and proximity but also overlapping demands for Police responses, often to high- risk/critical incidents which require the specialized attention of a team trained specifically to be effective in highly volatile situations. B. The Police Departments of MOUNTAIN VIEW and PALO ALTO have long recognized that mutual aid and cooperation in response to critical incidents can be enhanced and made more flexible and effective by combining forces for hostage negotiation and special weapons and tactics purposes. C. The City Councils of MOUNTAIN VIEW and PALO ALTO now desire to formally establish and confirm the framework for this cooperative effort as well as to clarify the legal relationships resultant from that ongoing cooperative arrangement. NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, it is agreed as follows: 1.Personnel and Supervision. The Regional Team shall consist of a Special Weapons and Tactics ("SWAT") team and a Hostage Negotiations Team ("HNT"). The Regional Team configuration may be comprised of as many subteams or reserve teams as needed for a particular incident. MOUNTAIN VIEW and PALO ALTO will both assign and maintain officers and supervisors for the SWAT team and HNT sufficient to provide appropriate joint coverage for critical incidents in either city which may typically require response by the Regional Team or its components. The Police Chiefs from MOUNTAIN VIEW and PALO ALTO shall establish minimum qualifications for Regional Team members, including physical agility and tactical firearms qualifications, and shall establish an appropriate selection process for -1- Regional Team members. While participating in any high-risk/critical incidents or any training exercises, any Police Officer, civilian employee, Community Services Officer or volunteer shall be subject to the exclusive chain of command of the Regional Team. Any Internal Affairs investigation requested by any supervisor will be referred to and performed by the agency employing the respective officer involved in the conduct to be reviewed. Any administrative action resulting from such investigations shall be a matter left up to the discretion of the employing agency. Each participating agency will be responsible for the personnel costs and obligations associated with the staff it assigns to the program, including base salary, overtime salary and fringe benefits, Workers’ Compensation, retirement, etc. 2.Policies and Procedures. Each officer assigned to the program will follow the general orders on the use of deadly force, use of lethal force, operation of Police vehicles and any other general operating procedures adopted by the parties for operation of the Regiona! Team. The Police Chiefs of MOUNTAIN VIEW and PALO ALTO shall establish procedures for the operation of the Regional Team conforming to the California standardized Emergency Management System requirements, including, but not limited to, executive oversight of the Regional Team, chain of command control over the critical incident responses, and procedures for activation of the Regional Team in response to critical incidents. The city where a critical incident is located shall assume the role of supervising agency for requesting activation of the Regional Team. The incident commander for that supervising agency shall be assigned at the command officer (Lieutenant or higher rank) level and shall direct the nature and scope of response by the appropriate elements of the Regional Team. The Police Chief (or delegate) of each city may decline to respond to a request for negotiation or tactical unit services through the Regional Team or may withdraw all personnel/services for any .resource or policy reason but, in general, each city shall respond to a request for Regional Team services in the other city as promptly and fully _ as possible. 3.Civil Liabilities. While assigned to the Regional Team pursuant to this Agreement or while operating with the Regional Team for limited or special purposes, each party’s employees so assigned shall be considered to be special employees of the other party. MOUNTAIN VIEW and PALO ALTO agree to release each other and hold each other harmless, as well as their officers and employees, for any loss or liability -2- arising from the activities of the Regional Team pursuant to this Agreement. Except as otherwise provided herein, each party agrees to indemnify, defend and hold harmless the other parties, their officers, agents and employees from any and all demands, claims or liabilities of any nature, including death or injury to any person, property damage or other loss caused by or arising out of theperformance or failure to perform the obligation assumed under this Agreement. 4.Implementation Guidelines. The Police Chiefs of both cities shall jointly promulgate written guidelines for the implementation of this Agreement. Said guidelines shall be in writing and approved by the City Attorney as to form. Such guidelines may be changed as necessary by similar agreement. 5.Termination of Agreement. This Agreement may be terminated by either party at any time, without cause, upon giving the other party written notice thereof. Notice of Termination may be issued by the Police Chiefs of the respective agencies. IN WITNESS WHEREOF, this Agreement is executed by MOUNTAIN VIEW and PALO ALTO.. APPROVED AS TO CONTENT: Police Chief APPROVED AS TO FORM: CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation ATTEST: r Attorney By: City Clerk -3- APPROVED AS TO CpNTENT: Police Chief ¯(_ ~’ CITY OF PALO ALTO APPROVED AS TO FORM:By: Assistant City Manager Senior Assistant City Attomey By: Acting Director of Administrative Services By: Risk Manager LB/5/POL 306-10-28-98A^ -4-