07 Staff Report - Agreement with City of Campbell Police Department~pW N OF
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DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
December 11, 2006
MEETING DATE:
ITEM NO:
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER
INTO AN AGREEMENT WITH THE CITY OF CAMPBELL POLICE
DEPARTMENT TO FORMALIZE THE CREATION OF A REGIONALIZED
SPECIAL WEAPONS AND TACTICS (SWAT) AND HOSTAGE
NEGOTIATIONS TEAM (HNT) AND TO AUTHORIZE STAFF TO
EXECUTE FUTURE AMENDMENTS AND AGREEMENTS
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to enter into an agreement with the City of
Campbell Police Department to formalize the creation of a regionalized special weapons and
tactics (SWAT) and hostage negotiations team (HNT) and to authorize staff to execute further
amendments and agreements.
BACKGROUND:
The Los Gatos/Monte Sereno Police Department and the Campbell Police Department currently
have a SWAT and HNT unit comprised of several officers, civilians and tactical dispatchers.
Each team has a cache of weapons and equipment that are not only expensive to purchase but
also maintain. State guidelines recommend that each team train once a month in the areas of
firearms qualifications, perimeter control, entry and movement tactics, conflict resolution and
other perishable skills. While this amount of training is a critical necessity to the mission of the
unit, it can also drain resources quickly given the size of the respective departments.
DISCUSSION:
The philosophies of both Chiefs of Police as well as command and supervisory staff of both
departments are similar in nature and approach to critical incidents.
PREPARED BY: Scott R. Seaman
Chief of Police cl~luth
U:\APorrest\S WATcounciIrepoit. d o c
Reviewed by: Assistant Town Manager - Town Attorney
Clerk Administrator _-,~''sFinance Community Development
i ~
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SWAT/HNT AGREEMENT WITH THE CITY OF CAMPBELL
JANUARY 16, 2006
Moreover, both agencies have enjoyed a solid and cooperative relationship over the last several
years and have worked extremely well together when called upon to assist for routine or critical
calls for service. The formation of a regional SWAT and Hostage Negotiation Team will create
an opportunity for the sharing of equipment, resources, and personnel during a critical incident
and allow for joint training opportunities, thus potentially saving costs. The process to
consolidate the SWAT and HNT teams (including tactical dispatchers) has included meetings
between SWAT commanders and team leaders, resource and equipment inventory, policy
manual and training history review, as well as three joint table top, lecture and tactical movement
training sessions.
A Memorandum of Understanding is a necessary and critical legal component to this joint
venture. Attorneys from both jurisdictions have reviewed and submitted recommendations to this
document (Exhibit A).
CONCLUSION:
It is recommended that the Council adopt the attached resolution authorizing the Town Manager
to execute an agreement with the City of Campbell to create a regionalized special weapons and
tactics and hostage negotiations team.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA.
FISCAL IMPACT:
Specific cost savings are currently unknown. However, the sharing of equipment and resources
could reduce the impact of overtime costs, specialty training courses and need for equipment
purchase and replacement over time.
Attachments:
Resolution approving cooperative agreement (Exhibit A) with the City of Campbell.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF CAMPBELL POLICE
DEPARTMENT TO FORMALIZE THE CREATION OF A REGIONALIZED SPECIAL WEAPONS
AND TACTICS (SWAT) AND HOSTAGE NEGOTIATIONS TEAM (HNT) AND TO AUTHORIZE
STAFF TO EXECUTE FUTURE AMENDMENTS AND AGREEMENTS
WHEREAS, the Campbell Police Department and the Los Gatos/Monte Sereno Police Department
share not only a common boundary and proximity but also overlapping demands for police responses often
due to high-risk/critical incidents which require the specialized attention of a team trained specifically to be
effective in highly volatile situations; and
WHEREAS, the Police Departments of the City of Campbell and the Town of Los Gatos 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;
and
WHEREAS, the Police Departments of the City of Campbell and the Town of Los Gatos now desire
to formally establish and confirm the framework for this cooperative effort as well as to clarify the legal
relationships which result from that ongoing cooperative arrangement,
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of
California, that the Town of Los Gatos hereby authorizes the Town Manager to execute an agreement with the
City of Campbell Police Department to formalize the creation of a Regionalized SWAT/HNT teams and to
authorize staff to execute future amendments necessary during this agreement.
PASSED AND ADOPTED at a
California, held on the day of
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
200_ by the following vote:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
meeting of the Town Council of the Town of Los Gatos,
N:AMGR\ADMINWORKFILES\2007 COUNCIL REPORTS\SWATRESOLUTIONLGVERSION.DOC
AGREEMENT BETWEEN THE CITY OF CAMPBELL
AND TOWN OF LOS GATOS FOR JOINT POLICE TACTICAL SERVICES
This contract is dated for identification this day of 2006
and is made by and between the CITY of CAMPBELL, a California General Law
City, and whose address is 70 North First Street, Campbell California; 95008
(hereinafter "CAMPBELL") and the TOWN OF LOS GATOS, a California General
Law City whose address is 110 E. Main Street, Los Gatos, CA 95031
(hereinafter "LOS GATOS").
RECITALS
A. CAMPBELL and LOS GATOS 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 CAMPBELL and LOS GATOS 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 CAMPBELL and the Town Council LOS GATOS 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 Teams shall consist of a Special Weapons and Tactics
("SWAT") team and a Hostage Negotiators Team ("HNT"): The Regional Team
configuration may be comprised of as many sub-teams or reserve teams as
needed for a particular incident.
CAMPBELL and LOS GATOS 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 CAMPBELL and LOS GATOS shall establish
minimum qualifications for Regional Team Members, including physical agility
and tactical firearms qualifications, and shall establish an appropriate selection
process for 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. Any Internal Affairs investigation involving officers from both agencies
will require each agency to assign an investigator to work jointly on the inquiry.
Upon the conclusion of the investigation, the recommendation for discipline will
be at 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, fringe benefits, workers' compensation, retirement, etc.
2. Policies and Procedures.
Each officer assigned to the program will follow the policies 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
Regional Team.
The Police Chiefs of CAMPBELL and LOS GATOS shall establish
procedures for the operation of the Regional Team conforming to the National
Incident Management System (NIMS) and the California Standardized
Emergency Management System (SEMS) 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/town 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 the
assigned command officer level (Sergeant working as an acting Division
Commander or Captain or higher) and shall direct the nature and scope of the
response by the appropriate elements of the Regional Team.
The Police Chief (or delegate) of each city/town 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 remain considered to be exclusively the employees
of the city responsible for that employee's payroll.
In lieu of the contribution provisions of California Government Code
section 895.6, the parties agree to allocate the responsibility for any liabilities to
third-parties as follows:
a. LOS GATOS shall indemnify, defend and hold CAMPBELL and its
officers, officials, attorneys, agents, employees and volunteers harmless from
any and all claims, actions, causes of action, injuries, losses, liabilities, costs
(including reasonable defense costs and attorney's fees) or damages arising out
of or related to (i)the performance of this Agreement by LOS GATOS or its
officers, officials, attorneys, agents, employees and volunteers, (ii) any acts or
omissions by LOS GATOS or its officers, officials, attorneys, agents, employees
and volunteers, or (iii) any policy, rule, regulation, order or ordinance of LOS
GATOS or its officers, officials, attorneys, agents, employees and volunteers,
except for any actions, causes of action, injuries, losses, liabilities, costs or
damages proximately caused by the sole negligence or willful misconduct of the
City of Campbell, or its officers, officials, attorneys, agents, employees and
volunteers;
b. CAMPBELL shall indemnify, defend and hold LOS GATOS and its
officers, officials, attorneys, agents, employees and volunteers harmless from
any and all claims, actions, causes of action, injuries, losses, liabilities, costs
(including reasonable defense costs and attorney's fees)or damages arising out
of or related to (i)the performance of this Agreement by CAMPBELL or its
officers, officials, attorneys, agents, employees and volunteers, (ii) any acts or
omissions by CAMPBELL or its officers, officials, attorneys, agents, employees
and volunteers, or (iii) any policy, rule, regulation, order or ordinance of
CAMPBELL or its officers, officials, attorneys, agents, employees and volunteers,
except for any , actions, causes of action, injuries, losses, liabilities, costs or
damages proximately caused by the sole negligence or willful misconduct of LOS
GATOS, or its officers, officials, attorneys, agents, employees and volunteers;
c. The provisions of this section are intended to set forth the full and
complete allocation of liability to third-parties arising out of this Agreement, and
the parties expressly relinquish any and all other rights of indemnity or
contribution, in law, equity or otherwise, that the parties may have with respect to
each other;
d. The provisions of this section shall survive the termination of this
Agreement.
Agreement Between the City of Campbell and Page 4
the Town of Los Gatos/Monte Sereno for
Joint Police Tactical Services
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.
Termination of Agreement
This Agreement may be terminated by either party at any time, without cause,
upon giving the other party written 30 day notice thereof. Notice of termination
may be issued by the Police Chiefs of the respective agencies.
IN WITNESS WHEREOF, this Agreement is executed by CAMPBELL and LOS
GATOS.
APPROVED AS TO CONTENT: CITY OF CAMPBELL, a California General
Law City and municipal corporation.
City Manager
APPROVED AS TO FORM
City Attorney
ATTEST:
By:
City Clerk
APPROVED AS TO CONTENT: TOWN OF LOS GATOS, a California General
Law City and municipal corporation.
Town Manager
APPROVED AS TO FORM
Town Attorney
ATTEST:
By:
Clerk Administrator