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HomeMy WebLinkAbout10 JOINT POLICE SERVICES AGMT IRVINE/TUSTIN 06-19-06 AGENDA REPORT MEETING DATE: JUNE 19,2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: AGREEMENT FOR JOINT POLICE SERVICES BETWEEN THE CITY OF TUSTIN AND THE CITY OF IRVINE SUMMARY: An agreement in concept has been reached between the Tustin Police Department and the Irvine Police Department, to authorize selected Tustin police officers to join the Irvine Police Department's Special Weapons and Tactics Team, one of five SWAT Teams in the County selected to provide regional response to events involving chemical, biological, radiological, nuclear, and explosive weapons. Adding Tustin police officers increases the team's capability to address counter-terrorism issues in South Orange County. The team, comprised of police officers from both jurisdictions, will also respond to more traditional critical incidents, in both cities, requiring special weapons and tactics. RECOMMENDATION: Authorize the City Manager to execute and the City Clerk to attest to an agreement between the City of Tustin and the City of Irvine for joint police services, authorizing select members of the Tustin Police Department to join the Irvine Police Department's SWAT Team. FISCAL IMPACT: The initial cost to completely equip three officers and one sergeant from the Tustin Police Department was $24,300, paid with previously appropriated grant funds from the local law Enforcement Block Grant program. On-going training costs will be absorbed in the Police Department's budget. In the event of a call-out in either city, each city will bear the costs for its respective personnel. Agreement for Joint Police Services June 19, 2006 Page 2 of 2 BACKGROUND: In 2003, the Orange County Operational Area Anti-Terrorism Approval Body established five mutual aid regions, and assigned five law enforcement organizations having Special Weapons and Tactics Teams the responsibility of providing a counter-terrorism response. Each SWAT team was required to provide at least ten officers that have received special training in hazardous materials, beyond their normal SWAT Team training and response capabilities. The Irvine Police Department was one of those selected agencies, presenting staffing and training challenges to their existing 20-person SWAT Team. At the same time, the Tustin Police Department was examining special weapons and tactics alternatives, as the City was becoming more populated and more likely to have such a need. After considering various alternatives, it was determined that starting a SWAT Team in Tustin was cost-prohibitive, and that leveraging resources by joining another existing SWAT Team was the most prudent alternative. The Irvine Police Department had an existing SWAT Team that was recognized for its excellence in training and tactics, and possessed a reputation for professionalism. The day-to-day policing philosophy in Irvine is similar to that of Tustin, the two agencies share a large common border, and the two agencies have worked well together in the past. Finally, being part of one of the five County regional teams responsible for a counter- terrorism response could only benefit the Tustin community, and possibly allow access to specialized vehicles and equipment purchased with federal homeland security funds. Three Tustin police officers were tested and selected to participate on the Irvine SWAT Team, and a sergeant was appointed as the liaison officer. All four were equipped and trained, using federal grant funds. A joint agreement was developed and approved by the City Attorney's Office of both cities, which includes an indemnification for each party for any claims arising from actions taken by one of its officers. Upon approval of this agreement, the Tustin Police Department will officially join the Irvine Police Department SWAT Team, and call that team if a critical incident needing special weapons and tactics occurs in our jurisdiction. In such cases, each city will bear the costs for its respective personnel. SCOTT M. JORDAN Chief of Polic JOINT AGREEMENT FOR SPECIAL WEAPONS AND TACTICAL RESPONSE THIS AGREEMENT FOR SPECIAL WEAPONS AND TACTICAL RESPONSE ("Agreement") is dated for identification this ~ day of MAi , 2006 ("Effective Date"), and is made by and between the CITY OF IRVINE ("IRVINE"), a California charter City, which has as its address One Civic Center Plaza, P.O. Box 19575, Irvine, California 92623-9575, and the CITY OF TUSTIN ("TUSTIN"), a California general law City, which has as its address 20 Centennial Way, Tustin, California 92780. Said parties are sometimes collectively referred to herein as the "Parties" and individually as a "Party." RECITALS A. The Parties share not only geographic proximity but also overlapping demands for Police responses, often to high-risk incidents, which require the use of a tearn of officers trained in tactical operations. B. The Police Departments of each Party hereto recognize 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 Teams (SWAT), Tactical Emergency Medical Services (TEMS), Crisis Negotiators (CNT) and Tactical Dispatchers. C. The Police Chiefs of the Police Departments for the respective Parties have long recognized that to successfully resolve a tactical situation, a chief law enforcement administrator must have the proper tactical options at his or her disposaL A properly trained team possessing tactical and mediative options is crucial for achieving effective response. Even when the threat potential is low, continuous support for this type oftearn is important in order to maintain a high state of readiness. D. The Chiefs of Police of the Police Departments for the respective Parties recognize that a well managed, well-trained and well-skilled tactical response team handling a critical incident reduces the risk of injury or loss of life to residents, police officers and suspects, and will assist in accomplishing more effective regional communication and operation for area-wide law enforcement needs. E. The Chiefs of Police of the Police Departments for the respective Parties further recognize that each Police Department has limited resources with which to meet their special needs, and participation in this mutual assistance agreement furthers each Parties' goal of making the most efficient use possible of the law enforcement personnel at the disposal of each respective Party. F. Each Party desires to respond more swiftly to critical incidents, with enhanced local contro~ a more consistent response, a better skilled unit, and with a combined larger group of officers than anyone of the Parties could provide alone. G. The Parties mutually desire to enter into this Agreement in order to implement a special weapons and tactics team comprised of members of the Parties' Police Departments, and to specifY the legal relationships resulting from this ongoing cooperative arrangement. . NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I. The Irvine Police De:partment Special Weapons and Tactics (SWAT) Team The Parties hereby formally establish a joint special tactical unit, known as the Irvine Police Department Special Weapons and Tactics (SWAT) Team. 2. Introduction To successfully resolve a tactical situation, an administrator must have the proper tactical options at his/her disposal. The best tactical option available is a properly trained and equipped tactical unit. For best results, administrators must provide continuous support even when the threat potential is low. 3. Purpose and Intent It is the intent of the Parties to secure through the mechanisms hereby created: a. A more efficient utilization of police services and resources; b. An enhanced degree of cooperation between law enforcement agencies within the participating communities; c. A more timely and effective response to calls for specialized police assistance; d. Adequate manpower levels of well-trained law enforcement officers to resolve crisis and high-risk situations; e. Enhance the degree of response to demands for special weapons and tactics teams to handle high-risk situations; and 4. Term This Agreement will take effect on the date first mentioned above ("Effective Date"), provided that at least two Parties have executed this Agreement as of that date and shall remain in full force and effect for each and every Party for three years, provided, however, that the governing body of any Party may withdraw from this Agreement upon sixty (60) days written notice to every other Party. It is specifically understood and agreed by and among the Parties that the withdrawal of anyone or more Parties does not work a nullification of this Agreement, nor otherwise require its redrafting or re-execution. Unless the Parties hereto agree otherwise, at the end of the three-year term, and thereafter at each subsequent termination date, this Agreement will automatically renew for a period of one year. 5. Personnel and Supervision a. The Irvine Police Department SWAT Team shall consist of a Tactical Team and a Crisis Negotiations Team ("CNT"). The team configuration may be comprised of as many sub-teams or reserve tearns as needed for a particular incident. b. Each Party will assign and maintain officers for the Irvine Police Department SWAT Team sufficient to provide appropriate joint coverage fur critical incidents in any Parties' jurisdiction, which may require a response by the Irvine Police Department SWAT Team or its components. c. The Police Chiefs from the respective Parties shall establish minimum qualifications for the Irvine Police Department SWAT Team members, including physical agility and tactical firearms qualifications, and shall establish an appropriate selection process for SWAT Team members, which shall be consistent with the existing standards ofthe Irvine Police Department. d. 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 Irvine Police Department SWAT Team, as described in Section I I herein. e. Any Internal Affairs investigation requested by any supervisor will be referred to and performed by the Party employing the respective officer involved in the conduct to be reviewed. If an internal investigation involves the activities of officers or employees from more than one single Party, the Parties will determine whether to pursue a joint or a separate investigation. In the event of an investigation of an Irvine Police Department SWAT Team officer involved shooting such an investigation will be handled in accordance with the general guidelines contained in the Orange County County-Wide Officer Involved Fatal Incident Protocol. Any administrative or disciplinary action resulting from such investigations shall be within the exclusive discretion of the employing Party. f. Subject to Section 6 below, each participating Party will be responsible for all personnel costs and obligations associated with the staff it assigns to the program, including, but not limited to base salary, overtime salary and fringe benefits, uniforms, ammunition, firearms, Workers' Compensation and retirement benefits. g. The parties do not intend to establish a separate legal entity for the Irvine Police Department SWAT Team. Each agency is responsible for the representation of its own personnel in the event of any litigation. 6. Irvine Police Department SWAT Team Commander The Chief of Police for the City of Irvine shan appoint the commander of the Irvine Police Department SWAT Team, who win serve at his discretion. The Irvine Police Department SWAT Team Commander will direct the day-to-day activities of the SWAT Team, including: supervising personnel; assigning and directing investigations; scheduling duty hours and overtime; reviewing and approving reports; maintaining liaison with the law enforcement administrators and staff of participating and other agencies; conducting in-service training and assigning personnel to training courses; and coordinating training offered to personnel of participating agencies, and ensuring the on- going competence, fitness, and proficiency of SWAT personnel. 7. Amendments Amendments and/or modifications to this Agreement may be proposed at any time by any Party. These suggestions should be submitted to the Chief of Police of the City of Irvine, who may assign a designee to meet and confer with the participating jurisdiction's governing body prior to the implementation of changes in the Agreement's provisions. No amendment shall be effective unless the amendment is in writing and signed by all of the Parties. 8. Activation The Agreement is strictly voluntary in nature and places no Party under any obligation to respond to a request for tactical unit services that it is unable or unwilling to honor. All Parties should make every accommodation possible to allow team members the opportunity to assist with a request for services. 9. Policies and Procedures Each officer assigned to the Irvine Police Department SWAT Team shall use only that amount of force that is objectively reasonable to effectively bring an incident under contro 1. The Police Chiefs of the respective Parties shall establish procedures for the operation of the Irvine Police Department SWAT Team conforming to the California standardized Emergency Management System requirements, including, but not limited to, executive oversight of the Irvine Police Department SWAT Team, chain of command and control over the critical incident responses, and procedures for activation of the Irvine Police Department SWAT Team in response to critical incidents. The Party that calls for critical incident assistance shall assume the role of supervising agency for requesting activation of the Irvine Police Department SWAT Team. The incident commander for that supervising agency shall be assigned at the command officer/watch commander level and shall direct the nature and scope of response by the appropriate elements of the Irvine Police Department SWAT Team. The incident commander shall coordinate the Irvine Police Department SWAT Team response with the Irvine Police Department SWAT Team Commander. The Irvine Police Department SWAT Commander is in command of physical operation of the response itself in terms of the movement and actions of team members necessary to achieve the goal of the operation as set forth by the incident commander, who is responsible for the overall mission. 10. Command The incident commander for the requesting Party will fully brief the Irvine Police Department SWAT Team Commander or his or her designee upon their arrival at the scene of all known details/circumstances associated with the incident. Once the situation has been explained and the mission assigned, the execution of that assignment will be determined by the Irvine Police Department SWAT Team Commander or hislher designee. When an operational plan is developed the incident commander for the requesting Party will be completely briefed, when possible, by the Irvine Police Department SWAT Team Commander prior to the actual execution of it. The incident commander for the requesting Party shall be advised that the operational plan proposed is based on education, training and experience of the Irvine Police Department SWAT Team personnel who have the best understanding of the team's capabilities. I I. Irvine Police Department SWAT Team Activation a. For deployment to an unplanned event/critical incident or a preplanned event (high risk arrest/search warrant) each Party will follow their own established internal policy/protocol governing mobilization of the Irvine Police Department SWAT Team. b. A representative of the requesting Party shall notify the assisting Party as soon as possible with specifics on the nature of the call out, personnel and other resources needed, and the location to which the assisting Party is to respond. c. Requests for assistance may be honored under this Agreement when received in any of the following ways: i. Chief Law Enforcement Officer or designee of requesting Party to the Irvine Police Department SWAT Team Commander or his/her designee. II. Multi-jurisdictional narcotics enforcement unit director to the Irvine Police Department SWAT Team Commander or his/her designee. 12. Scope of response The scope of the response will be determined by the specific circumstances surrounding the request. Every effort will be made to respond as soon as possible with all due care and caution. Among the types of critical incidents to which the Irvine Police Department SWAT Team will respond are: a. High-risk warrant service response will include the Irvine Police Department SWAT Team Commander, Team Supervisor, Team Leader(s) and Team members sufficient to safely serve the search/arrest warrant. b. Protective details - executive/witness/show/money/evidence. c. High-risk surveillance - fixed or mobile. d. Undercover officer back-up on high-risk operations. e. Barricaded suspect operations. f "Suicide-by-cop" situations. g. Barricaded suspect with hostages operations. h. Anti-sniper operations. 1. High-risk kidnap/extortion operations. J. Emergency rescue (injured officer, citizen, etc.). k. High-risk arrests. I. Mobile operations. m. High-risk vehicle stops. n. Crowd control. o. Mass arrest. p. Any other critical incident as determined appropriate by the Irvine Police Department SWAT Team Commander where the ordinary patrol and departmental resources of the handling Party have been exhausted and the incident is beyond the control ofthe Party. 13. Civil Liabilities The Parties hereto and the Irvine Police Department SWAT Team hereby adopt a formal rule prohibiting the implementation of any action in furtherance of accomplishing the goals and purpose set forth in this Agreement that could potentially lead to a constitutional violation. The Parties further agree that any policy statement, ordinance, custom, regulation or decision informally adopted or formally promulgated by the individual Parties hereto ("Policy") shall not be deemed imputed and/or adopted by the Irvine Police Department SWAT Team unless formally approved by the Chief of Police for the City ofIrvine. Each respective Party hereby renounces any action taken and/or Policy adopted by any other Party (or one of its officers) that is unconstitutional or could lead to an unconstitutional violation and that is taken and/or adopted while implementing any part of this Agreement. To this end, the Parties agree that each Party shall indemnifY, defend, and hold harmless each of the other Parties hereto with respect to any and all demands, claims or liabilities of any nature, including death or injury to any person, property damage or loss that arises from such action taken or Policy implemented by one of its officers. Implementation Guidelines The Police Chief of each Party shall jointly promulgate written guidelines for the implementation of this Agreement. Said guidelines shall be in writing and approved by the Parties' legal counsel as to form and by the Police Chief of each Party as to substance. Such guidelines may be changed as necessary by similar agreement. 14. Governing Law This Agreement shall be governed by the laws of the State of California. 15. Party Assignment Prohibited In no event shall any Party assign or transfer any right or obligation under this Agreement without the prior express written consent of each other Party. 16. Attorneys' Fees and Costs In the event that any action is instituted to enforce payment or performance under this Agreement, the Parties agree the non-prevailing Party shall be responsible for and shall pay all costs, including expert witness fees, and all attorneys' fees incurred by such prevailing Party in enforcing this Agreement. 17. Entire Agreement This Agreement constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements the Parties concerning all or any part of the subject matter of this Agreement. 18. Authority Each signatory hereto warrants to the other Parties that he or she has authority to sign on behalf of the Party for whom he or she purports to sign. 19. Interpretation: Severability The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party hereto by reason ofthe authorship ofthis Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision ofthis Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 20. Counterparts This Agreement may be executed in counterparts, each of which, when this Agreement has been signed by each ofthe Parties hereto, shall be deemed to be an original. IN WITNESS WHEREOF, this Agreement is executed by IRVINE and TUSTIN. APPROVED AS TO CONTENT: By City Manager City of Irvine APPROVED AS TO FORM: ATTEST: BY: City Clerk City of Irvine By: City Attorney City of Irvine APPROVED AS TO CONTENT: By: City Manager City of Tustin ATTEST: APPROVED AS TO FORM: By: City Attorney City of Tustin By: City Clerk City of Tustin