CITY COUNCIL: Resolution for Participation in a Monterey Peninsula Regional Police Special Response Unit (SRU)

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City of Carmel-by-the-Sea to participate in a Monterey Peninsula regional police special response unit (SRU).

Description: The police chiefs from six Peninsula cities and CSU-Monterey Bay worked together to develop a coordinated, well-staffed local tactical special response unit (SRU), for rapid deployment in emergency situations. This might include situations such as an active shooter, armed and barricaded persons, high-risk search warrant service, or a hostage situation. This effort will support other tactical teams in Monterey County. The team was created under a memorandum of understanding agreement among the participating cities.

In August 2009, the city attorneys and risk managers representing the
Peninsula cities approved the agreement. The team has received grant funding from the Monterey County Homeland Security Grant Approval
Authority (GAA) in its 2007, 2008, and 2009 grants cycles ($407,000) to fully train and supply the team with a transport vehicle, uniforms, personal protection, and communication equipment. Staff requests that the Council adopt a Resolution to support Carmel’s future commitment. The Memorandum of Agreement was reviewed by the City Attorney.

Overall Cost:
City Funds: $2,245.00 and $4,491.00 annually (Account 01-74011).
Grant Funds: $407,000 for the entire team through 2009

Staff Recommendation: Adopt a Resolution authorizing the City Manager to sign a multiyear agency agreement confirming the City’s participation, and financial obligation costs.

Important Considerations: The formation of a local special response unit (SRU) for rapid deployment is a critical component for public safety and for patrol officers on the perimeter of a critical incident. The City’s participation will ensure a well-trained team can respond to any crisis situation.

Decision Record: None

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY OF CARMEL-BY-THE-SEA TO PARTICIPATE IN A MONTEREY PENINSULA REGIONAL POLICE SPECIAL RESPONSE UNIT (SRU)

WHEREAS, the Peninsula is a unique area in Monterey County comprised of seven smaller cities containing military installations such as the Naval Postgraduate School and Defense Language Institute, and two regional airports, California State University at Monterey Bay, Monterey Peninsula College, and significant tourist destinations such as the Monterey Bay Aquarium that are potential terrorism targets; and

WHEREAS, violent crime is a constant issue, so the demand for a highly prepared and trained special weapons and tactics team that can respond rapidly has existed for many years and continues to grow; and

WHEREAS, while the Monterey County Sheriff’s Office maintains a fully trained and capable SWAT team, the distance of the Sheriff’s Office to the Monterey Peninsula and the physical size of Monterey County result in an unreasonable time delay for emergency response to the Peninsula; and

WHEREAS, the formation of a Monterey Peninsula Regional Special Response Unit would allow for the rapid deployment of a combined tactical, crisis negotiation team for critical incidents such as an active shooter, armed and barricaded persons, high risk search warrant service, or a hostage situation; and

WHEREAS, the high risk of injury to the public and team members, the escalation of active shooter incidents and the greater potential for terrorist acts, such as the use of weapons of mass destruction, make it vital to include a tactical medical component to the team; and

WHEREAS, the police chiefs of the Peninsula communities recognize that a regional approach to providing a well staffed, trained and equipped local tactical team is the most practical and realistic strategy to guarantee such a team is available for rapid deployment and can act as support to other tactical teams in Monterey County; and

WHEREAS, the team has received grant funding from the Monterey County Homeland Security Grant Approval Authority in its 2007, 2008 and 2009 grants cycles ($407,000 total) to fully train and supply the team with a transport vehicle, uniforms, personal protection and communications equipment; and

WHEREAS, the total cost of services for FY 2009-10 will be between $2,245.00 and $4,491.00 annually, comprising of overtime compensation for training and deployment for one Carmel officer assigned to the tactical and crisis negotiation teams; and

WHEREAS, funding will be charged to the General Fund Police Overtime Budget Account No. 01-74011.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE SEA DOES:

1. Approve the Agreement with the City of Carmel-by-the-Sea and the cities of Marina, Seaside, Monterey, Pacific Grove, Sand City, and California State University at Monterey Bay to implement and deploy a Regional Police Special Response Unit (SRU) consisting of special weapons and tactics, tactical medicine and crisis negotiation team components, and;

2. Authorize the City Manager and Public Safety Director to execute the Agreement and all related documents on behalf of the City and subject to final review and approval by the City Attorney.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
on this 1st day of December 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:

_________________________
SUE McCLOUD, MAYOR

ATTEST:

____________________________
Heidi Burch, City Clerk

AGREEMENT BETWEEN THE CITIES OF SEASIDE, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, CARMEL, AND CALIFORNIA STATE UNIVERSITY AT MONTEREY BAY FOR THE IMPLEMENTATION AND DEPLOYMENT OF A REGIONAL POLICE SPECIAL RESPONSE UNIT (SRU) CONSISTING OF SPECIAL WEAPONS & TACTICS, TACTICAL MEDICINE AND CRISIS NEGOTIATION TEAM COMPONENTS

This agreement (“Agreement”) is made by and between the Cities of SEASIDE, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, CARMEL, AND CALIFORNIA STATE UNIVERSITY AT MONTEREY BAY (hereinafter collectively as the “Parties” or “Police Agencies” or in their individual capacities as “Police Agency” or “Party”).

The Parties share not only common boundaries and/or geographic proximity on the Monterey Peninsula, but also mutual demands for police response. It is to the mutual advantage and benefit of the Parties to render supplemental police services to each other in the event of dangerous and unusual critical incidents, high-risk planned tactical operations, the execution of search warrants, or other situation that are likely to be beyond the control of the services, personnel, equipment, and facilities of the Police Agency having jurisdiction of the area in which the incident occurs.

The Parties recognize that mutual aid and cooperation in response to critical incidents can be enhanced and made more flexible and effective by combining police and other personnel for such situations.

The Parties desire to formally establish by this Agreement a regional effort to work in conjunction with each other to effectively meet such demands for police response and to clarify the legal relationships of the Parties.

In consideration of the mutual promises contained herein, it is agreed as follows:
1. Personnel and Selection.
a. The Regional Special Response Unit (“Regional SRU”) shall consist of a Special Weapons and Tactics (“SWAT”) Team of tactical officers, a Tactical Emergency Medic Team (“TEM’s”), and a Crisis Negotiations Team (“CNT”). The Regional SRU configuration may be comprised of as many sub-teams or reserve teams as needed for a particular incident.

b. A Regional SRU Board (“Board”) shall be established to provide oversight of the Regional SRU to include, but not be limited to, the adoption of policies and procedures, the selection of command staff and team members, Agreement compliance, and budget management. The Board shall consist of the Parties' police chiefs, and one city Party’s fire chief selected by the Board.

c. The Parties shall assign and maintain officers, supervisors, and employees for the Regional SRU sufficient to provide appropriate joint coverage for critical incidents as determined by the Board.

d. The Board shall establish minimum qualifications and selection process for team members, including, but not limited to, physical agility and tactical firearms qualifications. The Board shall mutually agree upon the selection of candidate(s) for the Regional SRU and each member of the Board will have final approval or rejection of any candidate, regardless of which Party employs the candidate.

2. Supervision and Command.
a. The incident commander of the Police Agency in whose jurisdiction a critical incident is located may request a response from the Regional SRU. The Regional SRU commander, in his or her sole discretion, shall decide whether the Regional SRU should respond to the incident. If the Regional SRU commander decides a Regional SRU response is appropriate, then each Police Agency should respond to the request for Regional SRU services as promptly and fully as possible.

b. All employees of the Parties participating in any response under this Agreement, or any training involving a Regional SRU exercise or event, shall be subject to the exclusive chain of command of the Regional SRU.

c. The Police Agency requesting Regional SRU assistance shall identify the incident commander. The incident commander must approve any tactical plan. The Police Agency incident commander shall work collaboratively with the Regional SRU commander to facilitate the Regional SRU response. The Regional SRU commander will take charge of the operational function of the Regional SRU and will present a tactical action plan to the Police
Agency incident commander for approval as soon as possible. The Police Agency incident commander must approve the Regional SRU commander’s tactical plan before its implementation.

d. In the event of the death of or serious injury to any person(s) when the circumstances of the death or injury involves a peace officer, the Regional SRU shall request that the Monterey County District Attorney's Office conduct an independent investigation pursuant to the Monterey County District Attorney’s Protocol For Officer-Involved Shootings (OIS) and In-Custody Death (ICD) protocol, attached hereto as Exhibit “A”, or any version subsequently adopted.

e. In its sole discretion and pursuant to its own policy, each Police Agency is responsible for conducting its own internal affairs investigation pertaining to its own officers. In cases that involve officers from different Police Agencies, the investigation may be conducted by an independent law enforcement agency or consultant selected by the Board and with approval from the Police Agencies whose officers are subjects of the investigation. The cost of any joint investigation will be shared equally by the Police Agencies involved in the investigation.

3. Costs and Expenses.
a. No Police Agency furnishing aid pursuant to this Agreement shall be entitled to compensation for services rendered to a requesting Police Agency. Each Party (i) will be responsible for all personnel costs and obligations associated with any staff member it assigns to the Regional SRU, including, but not limited to, base salary and benefits, overtime salary and benefits, Worker’s Compensation benefits, death benefits, disability benefits, and safety officer industrial disability retirement benefits; and (ii) agrees to waive any and all subrogation rights against Parties that may accrue from payment of such benefits.

b. Each Party will also be responsible for the costs of all necessary individual tactical equipment and weapon(s) issued to the team member employed by the Party.

c. The Board will manage any grants received by the Regional SRU.

4. Policies and Procedures.
a. The Board shall establish and agree upon Standard Operating Procedures (“SOP”) for the operation of the Regional SRU.

b. The SOP will be consistent with the California Commission of P.O.S.T. (Peace Officers Standards and Training) “S.W.A.T. Operational Guidelines and Standardized Training Recommendations” report from July 2005, or as it may be amended or revised in the future.

c. The SOP shall include, but not be limited to, executive oversight of the Regional SRU, chain of command control over the critical incident responses, and procedures for activation of the Regional SRU in response to critical incidents. In cases of conflicting Police Agency policy regarding enforcement activities, including, but not limited to, shooting policy, approved weapons, pursuit policy) the policies of the officer's employing Police Agency in effect at the time of the enforcement activity shall apply.

5. Liability
a. In assigning personnel to the Regional SRU, or while performing under this Agreement, or while participating in Regional SRU 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 California Government Code sections 55632 and 55634.

b. The city or public entity whose Police Agency requests Regional SRU assistance shall indemnify, hold harmless, and defend all other agencies and public entities that are signatories to this agreement from any claims or liabilities that may arise out of the implementation of a Regional SRU tactical plan as described herein if (1) the request for Regional SRU response was authorized by the requesting agency incident commander, and

(2) the Regional SRU
commander approved response by the Regional SRU, and (3) a tactical plan was communicated to the requesting Police Agency incident commander by the Regional SRU commander, and (4) the requesting Police Agency incident commander approved the tactical plan, and (5) the conduct of the Regional SRU members was in compliance with the approved tactical plan.

c. In any and all other circumstances apart from the implementation of the Regional SRU tactical plan as set forth in Paragraph 5(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 Regional SRU. Personnel assigned to perform services for the Regional SRU 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 other employees in their own jurisdictions.

d. Except as set forth in Paragraph 5(b) above, each Party shall hold harmless, defend, and indemnify each and every 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 its officers, agents, and employees under this Agreement.

e. Except as set forth in Paragraph 5(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. In the event of a civil claim (the “Underlying Claim”) by a third party (which could include an employee of one Party who is filing a civil claim) against any one or more Parties based on the Regional SRU’s activities, all Parties agree to defer any claims against another participating
agency, its officer(s) or employees until the Underlying Claim is settled or otherwise determined.

Thereafter, any claims between or among Parties shall be resolved in accordance with law.

h. Nothing in this Agreement 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 Agreement 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.

Personnel assigned to perform services for the SRU 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.

6. Implementation Guidelines.
The Police Chiefs of all the Parties shall jointly promulgate written guidelines for the implementation of this Agreement. Said guidelines shall be in writing and approved by a majority vote of the Board. Such guidelines may be changed as necessary from time to time.

7. Termination of Agreement.
Each Party may withdraw from participation in this Agreement at any time, without the consent of any other Party, upon giving all Parties 90 days written notice thereof.

8. Third Parties
This Agreement 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.

9. Modification
This Agreement is the entire contract between the parties. This Agreement shall supercede any previous agreements, oral or written, implied or express, between the parties, with respect to implementation and deployment of the Regional SRU. No waiver or modification of this Agreement shall be valid unless it is in writing and executed by the Parties.

10. Independent Advice
Each Police Agency hereby represents and warrants that in executing this Agreement, it does so with full knowledge of the rights and duties it may have with respect to the other. Each Police Agency also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth in this Agreement, and the rights and duties arising out of this Agreement.

11. Notices
All notices which are required or allowed under this Agreement shall be given to a Police Agency’s representative on the Board, or that Board Member’s designee. All notices shall be deemed given or sent when deposited, as certified mail or for overnight delivery, postage and fees prepaid, in the United States mails; when delivered to Federal Express, United Parcel Service, DHL WorldWide Express, or Airborne Express, for overnight delivery, charges prepaid or charged to the sender's account; when personally delivered to the recipient; when transmitted by electronic means, and such transmission is electronically confirmed as having been
successfully transmitted; or when delivered to the home or office of a recipient in the care of a person whom the sender has reason to believe will promptly communicate the notice to the recipient.

12. Dispute Resolution
If any dispute arises between the Parties as to proper interpretation or application of this Agreement, the Parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall
be submitted for formal mediation to a mediator selected mutually by the parties. The expenses of such mediation shall be shared equally between the Parties.

13. Termination
This Agreement shall be for an indefinite term unless the Parties implement a joint exercise of powers agreement pursuant to Government Code section 6500, et. seq. (“JPA”) at which time this Agreement shall automatically terminate. Any Party may terminate its participation by
delivering a resolution of termination to the Regional SRU Board thirty (30) days prior to the effective date of such termination. The Parties shall work cooperatively toward the formation of a JPA with the goal being to have the necessary documents taken to each Party’s City Council
or other governing body for consideration by January 1, 2011. The City of Seaside will begin immediately to facilitate the formation of the joint powers authority.

14. Signatures.
This Agreement shall become effective once the Parties' City Council's or other governing body have approved its execution. Attached to this Agreement collectively as Exhibit “B” are the resolutions authorizing each Party to enter into this Agreement. Each Signatory to this Agreement certifies that he or she has the lawful authority to execute this Agreement for and on behalf of the Party named herein.

_______________________________ ______________________________
City of Seaside City of Marina
______________________________ ______________________________
City of Sand City City of Carmel
______________________________ ______________________________
City of Monterey
______________________________ ______________________________
City of Pacific Grove California State University at
Monterey Bay

Exhibit A
Monterey County District Attorney’s Protocol For Officer-Involved Shootings (OIS) and In-Custody Death (ICD) protocol

Exhibit B
Resolutions