HomeMy WebLinkAboutPD Crisis Response PartnershipMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL AND THE CITY OF NOVATO
FOR JOINT SPECIAL WEAPONS AND TACTICS (SWAT) TEAM
AND JOINT CRISIS NEGOTIATION TEAM (CNT) SERVICES
OC,TJHIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this
day of Nile"b U , 20 0, by and between the CITY OF SAN RAFAEL, a
California charter city, and the CITY OF NOVATO, a California general law city.
RECITALS
A. The City of San Rafael and the City of Novato share common demands for
Police responses to high-risk/critical incidents which require the specialized attention of
a team specifically trained in highly volatile circumstances and incidents.
B. The Police Departments of the City of San Rafael and the City of Novato
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 special
weapons and tactics purposes.
C. The Police Departments of the City of San Rafael and the City of Novato
now desire to formally establish roles and responsibilities for shared special weapons
and tactics and crisis negotiation services by memorializing an agreement articulating
such roles and responsibilities.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
I. PURPOSE AND INTENT
The City of San Rafael and the City of Novato (hereinafter sometimes referred to
collectively as the "Parties," or each individually as a "Party") recognize that the
presence of a highly trained and skilled police operations unit has been shown to aid in
the peaceful ending to critical incidents and to reduce the risk of injury or loss of life to
citizens, police officers, and suspects. It is also recognized that a well-managed "team"
response to critical incidents usually results in successful resolution of those events. To
this end, it is the desire of the City of San Rafael and City of Novato Police Departments
and the intent of the Parties to join forces and pool resources to provide an integrated
operations unit consisting of a Special Weapons and Tactics ("SWAT") team and a
Crisis Negotiation Team ("CNT") hereinafter referred to as the San Rafael -Novato
Regional CRU (hereinafter the "CRU".) The CRU will serve both communities to resolve
critical incidents which may arise. The CRU may also from time to time be called upon
as a resource to incidents outside the participating jurisdictions.
PARTICIPATION
This MOU is voluntary in nature and places neither Party under any obligation to
respond to a request for tactical unit services that it is unable to fulfill due to lack of
staffing, lack of resources, or other circumstances. However, the Parties will make
reasonable efforts to accommodate all requests for service as well as to attend all
scheduled SWAT Team training sessions and CNT training sessions. Personnel
appointed to the SWAT Team shall attend a basic SWAT Team training course as soon
as practicable, but not more than one year from the date of appointment to the SWAT
Team. Personnel appointed to the CNT shall attend a basic crisis negotiation training
course as soon as practicable, but not more than one year from the date of appointment
to the CNT.
III. SWAT TEAM POSITIONS
Each Party agrees to commit sworn staff to the SWAT Team. The goal of this
MOU is for the Parties each to assign 10 (ten) officers to the SWAT Team, including a
Team Leader and Assistant Team Leader from each Party.
The following leadership positions (hereinafter "Leadership Positions") shall
constitute the SWAT Team chain of command:
a) 2 CRU Commanders holding the rank of captain;
b) 2 Tactical Commanders holding the rank of lieutenant or above;
c) 2 Team Leaders; and
d) 2 Assistant Team Leaders.
The Tactical Commanders or SWAT Team Leaders shall conduct monthly SWAT
training. All tactical officers must maintain minimum levels of physical fitness and
satisfactorily complete semi-annual fitness testing in accordance with established
SWAT standards.
IV. CRISIS NEGOTIATION TEAM POSITIONS
Each Party agrees to commit staff to the CNT. The goal of this MOU is for the
Parties each to assign 5 (five) employees to the CNT, including a Team Leader and
Assistant Team Leader from each Party.
The following leadership positions (hereinafter "Leadership Positions") shall
constitute the CNT chain of command:
a) 2 CRU Commanders holding the rank of captain;
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b) 2 CNT Commanders holding the rank of lieutenant or above;
c) 2 Team Leaders; and
d) 2 Assistant Team Leaders.
The CNT Commanders or CNT Team Leaders shall conduct quarterly CNT
training.
V. CALL OUT CRITERIA
The CRU will respond to critical incidents at the request of the Incident
Commander, as defined in Section VII. Incident Commanders from both San Rafael and
Novato will have the authority to call out the CRU. The CRU Commander or Tactical
Commander must authorize any deployment of the SWAT Team and/or CNT for
planned events unless the situation requires a prompt response without sufficient time
to obtain prior authorization. Local watch commanders may activate any team for
unplanned events or critical incidents. Critical incidents may include, but are not limited
to, the following:
a. Hostage Situations: The holding of any person(s) against their will by an
armed or potentially armed suspect;
b. Barricaded Subjects: The stand-off created by an armed or potentially
armed suspect in any location, whether fortified or not, who is refusing to comply with
police demands to surrender;
C. Sniper Situations: The firing upon citizens and/or police by an armed
suspect, whether stationary or mobile;
d. High -Risk Apprehension: The arrest or apprehension of armed or
potentially armed suspects where the likelihood of armed resistance is high;
e. High -Risk Warrant service: The service of search or arrest warrants
where there is a high potential of encountering armed persons; and
f. Special Assignments: Any assignment approved by the Tactical
Commander, at the request of a law enforcement agency, based upon a high threat
level or tactical requirement.
The SWAT and CNT's will provide the Parties' Police Department supervisors
with a standardized, "Deployment Matrix" to assist them in determining if a SWAT
and/or CNT call -out is appropriate.
VI. CALL OUT PROCEDURE
The Watch Commander/Incident Commander for the activating Party will
evaluate the situation to determine if the incident necessitates a SWAT and/or CNT call -
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out. If a SWAT and/or CNT call -out response is appropriate and necessary, the
Communications Center for the activating Party will be notified. The activating Party's
Communications Center will initiate a call -out page to both Parties' SWAT and/or CNT
teams, and will also notify the Communication Center of the other Party's police
department.
The San Rafael and Novato Police Departments' Communication Centers will
initiate a SWAT and/or CNT call -out page consistent with current operational
procedures.
VII. COMMAND AND CONTROL
All members of the CRU assigned to any high-risk/critical incident or any training
exercise shall be subject to the chain of command of the Tactical Commanders and the
CNT Commanders.
The Chief of Police (or designee) of the Party with jurisdiction over the location of
the critical incident shall be responsible for the overall command of the incident
("Incident Commander'). The Tactical Commanders and the CNT Commanders will
serve as part of the Incident Command staff in all jurisdictions and will directly oversee
the operational control of the CRU. The Tactical Commanders and the CNT
Commanders are responsible for the actual deployment of the SWAT Team and the
CNT, tactical decision making and tactical resolution of the incident, with approval of the
Incident Commander.
Each Party will respond to requests for CRU services in all participating
jurisdictions as promptly and fully as practical, based on established response criteria;
however the Police Chief of each Party may accept or decline the services of the CRU
or may withdraw their employees from the CRU for any reason.
VIII. COSTS AND EXPENSES
Each Party will be responsible for all personnel costs and obligations associated
with the staff members it assigns to the CRU, including costs associated with salary and
benefits, overtime, training, and workers' compensation.
Each Party will be responsible for the costs of all necessary individual tactical
equipment and weapon(s) issued to its SWAT Team members by that Party for use
during SWAT Team training and deployment.
Each Party will, if necessary, be responsible for costs for replacing consumable CRU
team supplies used during a CRU deployment in their jurisdiction. Each Party will be
furnishing equipment, vehicles, and other personal property that is owned by that Party
to the CRU for the purposes of enabling the CRU to perform the terms of this
Agreement. Each Party shall continue to hold an ownership interest in the equipment,
vehicles, and other personal property furnished by it to members of the CRU during any
and all times that such equipment, vehicles and property are within the possession of
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the other Party and shall remain financially responsible for all equipment, vehicles, and
property furnished to the CRU that is owned by that Party. Parties may only transfer
ownership of, or jointly acquire property for the use of the CRU if a written agreement is
entered into between the Parties.
IX. TRAINING
The Parties agree that a regular training program will be developed and
maintained to ensure the operational efficiency and tactical effectiveness of the SWAT
Team and the CNT. Given the nature of the missions associated with this assignment,
the training protocol shall serve to develop and maintain SWAT Team and CNT member
skills. The SWAT Team will train in the use of specialized weapons and equipment, and
the maintenance of effective team tactics and communication skills among members. A
safety officer from each Party will attend every training.
The Tactical Commanders and CNT Commanders will establish a regular training
schedule commensurate with POST guidelines for the level of team to be maintained. It
is also recognized that attending periodic conferences and competition events in
conjunction with annual training is necessary to maintain an effective and cohesive
CRU.
X. REPORTS
It is understood and agreed that the Party having jurisdiction over the location of
the tactical response incident shall complete any necessary criminal, investigative,
and/or reporting documents required as a consequence of the incident.
XI. PERSONNEL COMPLAINT PROCEDURE
In the event a complaint of improper conduct is lodged against a member of the
CRU, the Party employing said member will be responsible for investigating such
complaint with the cooperation of all members of the CRU. In the event that a complaint
concerns officers from multiple jurisdictions, both Parties agree to cooperate in the
administrative investigation.
XII. INDEMNITY AND LIMITATION OF LIABILITY
a. In assigning personnel to the CRU, or while performing under this MOU,
or while participating in CRU training, each Party shall consider any such assignment,
deployment, or training an act of "mutual aid" in assistance of a law enforcement agency
pursuant to and subject to the protections and immunities of California Government
Code sections 55632 and 55634.
b. The Party whose Police Department requests CRU assistance shall
indemnify, hold harmless, and defend all other agencies and public entities that are
signatories to this MOU from any claims or liabilities that may arise out of the
implementation of a tactical plan as described herein if (1) the request for CRU
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response was authorized by the requesting Police Department's Incident Commander
or his or her designee, and (2) the CRU Commander approved the response by the
CRU, and (3) a tactical plan was communicated to the requesting Police Department
Incident Commander or his or her designee by the CRU Commander, and (4) the
requesting Police Department Incident Commander or his or her designee approved the
tactical plan, and (5) the conduct of the CRU was in compliance with the approved
tactical plan.
C. In any and all other circumstances apart from the implementation of the
CRU tactical plan as set forth in Paragraph XI I(b) above, each Party shall be
responsible for the acts, errors, or omissions of its own assigned officers, agents, or
employees and shall incur any liabilities arising out of the services and activities of
those officers, agents, or employees while participating in the CRU.
d. Except as set forth in Paragraph XI I(b) above, each Party shall hold
harmless, defend, and indemnify the other Party, its officers, agents, and employees
from and against any liabilities, claims, actions, costs, damages or losses of any kind,
including, but not limited to, death or injury to any person, and/or damage to property,
arising out of the acts, errors, or omissions of the first Party's officers, agents, and
employees under this MOU.
e. Except as set forth in Paragraph XII(b) above, no Party shall be
responsible for the acts, errors, or omissions of another Party's officers, agents, or
employees, nor incur any liabilities arising out of the services and activities of another
Party's officers, agents, or employees.
f. Nothing in this MOU shall be read as waiving or limiting any defense to
claims of liability otherwise available to law enforcement officers, fire personnel, and/or
public employees, such as the defense of qualified immunity. Nothing in this MOU shall
be read as intending to create or creating a higher duty of care on the part of any Party
or its officers than would otherwise exist under existing law and the involved Party's own
policies, practices, and procedures.
g. Personnel assigned to perform services for the CRU shall be deemed to
be continuing under the employment of their respective employers, and shall continue to
have the same powers, duties, privileges, responsibilities, and immunities as are
conferred upon them as peace officers or fire personnel or other employees in their own
jurisdictions.
1 Ull!`61LOW194 �
Notices and communications between the Parties shall be sufficiently given if
dispatched by first-class mail, personal delivery or facsimile transmission, to the other
Party's Chief of Police at the addresses below:
CITY OF SAN RAFAEL
C
Diana Bishop, Chief of Police
1400 Fifth Avenue
San Rafael, CA 94901
Fax: (415) 485-3043
CITY OF NOVATO
Adam McGill, Chief of Police
909 Machin Avenue
Novato, CA 94945
Fax: (415) 898-5344
XIV. TERMINATION
Any Party may withdraw from this MOU, without cause, upon giving the other
Party at least thirty (30) days written notice thereof.
XV. THIRD PARTIES
This MOU shall not be construed as, or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have a right of
action hereunder for any cause whatsoever.
IN WITNESS WHEREOF, the parties have executed this MOU as of the day,
month and year first above written.
CITY OF SAN RAFAEL
CITY OF NOVATO
By:By:
JIM C UTZ, City an er REGAN M. CANDELARIO, City Manager
ATTEST:
G-/-,-.e,R,
ESTHER C. BEIRNE, City Clerk
ATTEST:
- u
TER RIE GILL N, City Clerk
7
APPROVED AS TO FORM:
ERT F. EPSTEIN, City Attomey
1 I I I >` I I la`) F'
NOVATO
%I IFOR N I A
922 machin Avenue
Novato, CA 94945
415/899-8900
FAX 415/899 8213
mpiY. nowto. org
Mayor
Denise Athas
Mayor Pro Tem
Josh Fryday
Councilmembers
Pam Drew
Pat Eklund
Eric Lucan
City manager
Regan M. Candelario
12-12-17
Esther Beirne
City of San Rafael
1400 Fifth Ave., Rm. 209
San Rafael, CA 94901
Dear Esther,
Enclosed please find two copies of the MOU of the City of San Rafael and the City
of Novato for Joint Special Weapons and Tactics (SWAT) Team and Joint Crisis
Negotiation Team (CNT) Services which have been signed by our City Manager,
City Clerk and Assistant City Attorney.
One copy can be retained for your records, and the second can be returned to my
attention in the enclosed self-addressed stamped envelope.
Feel free to reach out to me at (415) 899-8904 or Imcdowall@novato.org with
questions.
Kindest regards,
3(t
k&)�—
Laura McDowall
Assistant City Clerk
City of Novato
enclosures (3)
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Police
Project Manager: Dave Starnes
Extension: 3471
Contractor Name: MOU — Mutual Assistance Agreement Between City of San Rafael and City of Novato
Contractor's Contact: John Abaci, Assistant City Attorney for Novato
Contact's Email: jabaci@walterpistole.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
N/A
6/5/2017
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
8/24/2017
and return to Project Manager
N/A
® LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
® LG
3
Project Manager
Forward three (3) originals of final agreement to
11/3/2017
contractor for their signature
4
Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
Public Works Contract > $125,000
11/20/2017
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
12/18/17
DS
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
7
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
�'/ L
8
City Manager/ Mayor
Agreement executed by Council authorized official
K�`
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
1-7
X13 '