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HomeMy WebLinkAboutPD Joint SWAT Team and Joint Crisis Negotiation Team ServicesMEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITY OF SAN RAFAEL, THE CITY OF NOVATO, THE CENTRAL MARIN POLICE AUTHORITY AND THE CITY OF MILL VALLEY FOR JOINT SPECIAL WEAPONS AND TACTICS (SWAT) TEAM AND JOINT CRISIS NEGOTIATION TEAM (CNT) SERVICES THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this d day of September , 2025, by and among the CITY OF SAN RAFAEL, a California charter city ("SAN RAFAEL" sometimes herein), the CITY OF NOVATO, a California general law city ("NOVATO" sometimes herein), the CENTRAL MARIN POLICE AUTHORITY, a California joint powers agency ("CENTRAL MARIN" sometimes herein), and the CITY OF MILL VALLEY, a California general law city ("MILL VALLEY", sometimes herein), hereinafter collectively referred to as "the Parties". RECITALS A The Parties to this MOU 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 Parties have long recognized that mutual aid and cooperation in response to critical incidents can be enhanced, and made more flexible and effective, by combining resources for critical response unit purposes. C. The Parties now desire to formally establish roles and responsibilities for shared special weapons and tactics and crisis negotiation services by entering into a memorandum of understanding setting forth such roles and responsibilities. NOW, THEREFORE, the Parties hereby agree as follows: 1. PURPOSE AND INTENT The Parties recognize that the presence of a highly -trained and skilled police operations unit has been shown to aid in the peaceful ending of critical incidents and to reduce the risk of injury or loss of life to citizens, police officers, and suspects. It also is recognized that a well- managed "team" response to critical incidents usually results in successful resolution of those events. Toward this end, it is the desire and the intent of the Parties to join forces and pool resources to provide an integrated operations unit consisting of both a Special. Weapons and Tactics ("SWAT") team and a Crisis Negotiation Team ("CNT"). These two combined teams are hereinafter referred to as the Marin Regional Crisis Response Unit (hereinafter the "MRCRU" or the "CRU".) The CRU will serve all four of the Parties' communities to resolve critical incidents which may arise. The CRU may also from time to time be called upon as a resource for incidents outside its jurisdictions. 2. PARTICIPATION This MOU is voluntary in nature and none of the Parties is 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. 3. SWAT TEAM POSITIONS Each Party agrees to commit sworn staff to the SWAT Team. The target number of sworn staff committed to the SWAT Team is a total of thirty (30) personnel. SAN RAFAEL. NOVATO and CENTRAL MARIN/MILL VALLEY each shall endeavor to assign ten (10) officers to the SWAT Team, including a Team Leader and Assistant Team Leader from each Party. CENTRAL MARIN and MILL VALLEY shall endeavor to assign ten (10) officers combined to the SWAT Team, due to the size of their agencies relative to SAN RAFAEL and NOVATO. The following leadership positions (hereinafter "Leadership Positions') shall constitute the SWAT Team chain of command: (a) 3 CRU Commanders holding the rank of captain; (b) 3 Tactical Commanders holding the rank of lieutenant or above; (c) 3 Team Leaders; and (d) 3 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. 4. CRISIS NEGOTIATION TEAM POSITIONS Each Party agrees to commit members to the CNT. The target number of members is for SAN RAFAEL, NOVATO and CENTRAL MARIN/MILL VALLEY to each assign five (5) members to the CNT. CENTRAL MARIN and MILL VALLEY will assign five (5) members combined, due to the size of their agencies relative to SAN RAFAEL and NOVATO. The following leadership positions (hereinafter "Leadership Positions") shall constitute the CNT chain of command: (a) 3 CRU Commanders holding the rank of captain; (b) 3 CNT Commanders holding the rank of lieutenant or above; (c) 3 Team Leaders; and (d) 3 Assistant Team Leaders. The CNT Commanders or CNT Team Leaders shall conduct quarterly CNT training. 5. CALL -OUT CRITERIA The CRU will respond to critical incidents at the request of the Chiefs of Police or their designee, as defined in Section 7. Incident Commanders from SAN RAFAEL, NOVATO and CENTRAL MARIN will have the authority to call out the CRU. The Chiefs of Police or their designee 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. The Chiefs of Police or their designee may activate any team for unplanned events or rapidly -developing 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 (i) Special Assignments: Any assignment approved by the Chiefs of Police or their designee, at the request of a law enforcement agency, based upon a high threat level or tactical requirement. The SWAT and CNT units 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. 6. 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 -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 the other Parties' SWAT and/or CNT gams, and will also notify their Communication Centers. The Parties Communication Centers will initiate a SWAT and/or CNT call -out page consistent with current operational procedures. 7. 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 Chief of Police of each Party may accept or decline the services of the CRU or may withdraw his or her members from the CRU for any reason. 8. 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 pieces of 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 its 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 MOU. 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 other Parties' personnel Each Party shall remain financially responsible for all equipment, vehicles, and property furnished to the CRU that is owned by it. 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 for that express purpose. 9. TRAMING 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. _ 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 may be necessary to maintain an effective and cohesive CRU. 10. REPORTS It is understood and agreed that the Party having jurisdiction over the location of the tactical response incident shall complete any and all necessary criminal, investigative, and/or reporting documents required as a result of the incident. Each Party agrees to make all of its officers participating as CRU members in an incident, available to testify in all related criminal and/or civil proceedings arising out of such incident at no expense to any other Party. 4 11. PERSONNEL COMPLAINT PROCEDURE In the event a citizen complaint of improper conduct is lodged against a member of the CRU, or a complaint or allegation of misconduct is internally -generated, 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, the involved Parties agree to cooperate in and coordinate any administrative investigation(s). 12. 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 and subject to the protections and immunities of California Government Code Sections 55632 and $5634. (b) The Party whose Police Department requests CRU assistance shall indemnify, hold harmless, and defend all other Parties to this MOU from any claims or liabilities that may arise out of the implementation of a tactical plan as described herein if (l) the request for CRU response was authorized by the requesting Police Department's Chief of Police or his or her designee; (2) the CRU Commander approved the response by the CRU; (3) a tactical plan was communicated to the requesting Police Department Incident Commander or his or her designee by the CRU Commander; (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 12 (b) above, each Party shall be responsible for the acts, errors, or omissions of its own assigned officers and members and shall incur any liabilities arising out of the services and activities of those officers and members, while participating in the CRU. (d) The Parties hereto (each an "indemnifying Party") each further agree to defend, indemnify and hold harmless the other Parties, and the other Parties' officers, members, agents and employees (collectively, "Indemnified Parties'), against any and all claims, liabilities, injuries or damages caused by the intentional or negligent acts, errors or omissions of the Indemnifying Party's own officers, members, employees, agents or representatives in connection with their performance and duties under this MOU. The duty to indemnify and hold harmless shall include the duty to defend as set forth in California Civil Code Section 2778. In the event of concurrent negligence or liability of the Parties' officers, members, employees, agents or representatives, liability shall be apportioned between the Parties under the doctrine of comparative fault as established under California law. (e) Except as set forth in Paragraph 12 (b) above, no Party shall be responsible for the acts, errors, or omissions of another Party's officers, members, agents, or employees, nor incur any liabilities arising out of the services and activities of another Party's officers, members, 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, andlor public employees, such as the defense of qualified immunity. Nothing in this MOU sha11 be read as intending to create or create a higher duty of care on the part of any Party or its officers or members than otherwise would 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 members or employees in their own jurisdictions. 13. NOTICES Notices and communications between the Parties shall be sufficiently given if provided by fust -class mail, personal delivery or email to the other Parties' Chiefs of Police at the addresses below: CITY OF SAN RAFAEL; CENTRAL MARIN POLICE AUTHORITY: David C. Spiller, Chief of Police Mike Norton, Chief of Police San Rafael Police Department Central Marin Police Authority 1375 Fifth Avenue 250 Doherty Drive San Rafael, CA 94901 Larkspur, CA 94939 661@srpd.org MNorton@centralmarinpolice.org CITY OF NOVATO: Jim Naugle, Chief of Police Novato Police Department 909 Machin Avenue Novato, CA 94945 JNaugle@novato.org CITY OF MILL VALLEY: Rick Navarro, Chief of Police Mill Valley Police Department I Hamilton Drive Mill Valley, CA 94941 RNavmo@cityofmillvalley.org 14. TERMINATION Any Party may withdraw from this MOU, without cause, upon giving all other Parties at least thirty (30) days written notice thereof. 15. 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. 16. DISPUTE RESOLUTION Should any disagrecmcnt or dispute among the Parties arise concerning interpretation, implementation and/or enforcement of any of the terms or subject matter of this MOU, the Parties shall submit such dispute to mandatory mediation before an agreed-upon mediator, each Party to pay an equal share of the mediation fees and each Party to pay its own attorneys' fees and legal costs. Should the Parties be unable to agree upon a mediator, they shall agree upon a mediation service and shall have that service select a mediator for them. Should mediation be unsuccessful, then the Parties each agree that they shall submit their dispute to binding arbitration before a mutually -agreeable arbitrator. If they cannot agree upon an arbitrator, they shall select an arbitration service which shall select an arbitrator for them. The Parties each shall pay an equal portion of the arbitration fees and each Party shall pay its own attorneys' fees and legal costs, it hereby being agreed that the arbitrator shall have no authority to award attorneys' fees or costs to any prevailing Party. The Parties each hereby expressly waive any and all rights to have disputes under this Agreement decided by court action, court trial, jury trial or any other legal action of any kind or type, other than the mandatory mediation and binding arbitration process specified above. However, in emergency or extraordinary circumstances, the Parties may seek equitable or injunctive relief to preserve the status quo pending occurrence of the mediation/arbitration process specified above. It is the express intent of each of the parties hereto to have any and all disputes under this Agreement resolved by the above specified mediation/arbitration process and in as timely and economical manner as possible. 17. AMENDMENTS This Agreement shall not be amended or modified at any time and in any respect whatsoever except in writing and by all parties hereto. The Parties each agree that they will make no claim at any time that this Agreement has been orally amended or modified, and each agrees that no oral waiver, amendment or modification shall be effective for any purpose. 18. SEVERABILITY Should any provision of this Agreement be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be deemed not to be part of this Agreement. 19. GOVERNING LAW This Agreement is made and entered into within the State of California, and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any Party. Venue for any arbitration or other legal proceeding arising out of this Agreement shall be the County of Marin, California 20. PARTIES' REPRESENTATIONS Each Party represents and acknowledges that, in executing this Agreement, it does not rely, and has not relied, upon any representation or statement made by any of the other Parties' agents, representatives or attorneys with regard to the subject matter, basis or facts of this Agreement or otherwise. 21. BINDING UPON SUCCESSORS This Agreement shall be binding upon the parties and their heirs, administrators, representatives, executors, successors and assigns, and shall inure to the benefit of the Parties, and each of them, and to their heirs, administrators, representatives, executors, successors and assigns. 22. EFFECTIVE DATE & SIGNATURES The effective date of this MOU is the date set forth in the first paragraph hereof, once the MOU is fully executed by each of the Parties' representatives set forth below. Electronic signatures of the below signatories shall have the same force and binding effect as original signatures. CITY OF SAN RAFAEL By:__ . Cristine lilovich, City Manager Attest: ,Z-9,( �7< 0 -- Lindsay Lara, City Clerk App ve As To Fonm� _ _ _ Robert Epstein, City Attorney CENTRAL MARIN POLICE AUTHORITY CITY OF NOVATO By:_ am, Cwt Amy Cunningham, City Manager By. �By: Adam Wolff, Executive Manager Attest: *P "tore na arrera, Authority Clerk Ap oved As To Form: Thomas Beffrand, General Counsel Attest: Laura McDowell, City Clerk Approved As To Form: /j-,j-6fW Gary Bell, eity Attorney CITY OF MILL VALLEY I bu `,txSiuhauM Todd Cusimano, City Manager Attest: Risa De Ferrari, City Clerk Approved As To Form Vt,1^ "SOL Inder Khalsa, City Attorney