HomeMy WebLinkAboutContract 1577 0 — 7--
MUTUAL AID PUBLIC SAFETY AGREEMENT BETWEEN
THE CITIES OF PALM SPRINGS,CATHEDRAL CITY,AND INDIO FOR JOINT
POLICE SERVICES
This MUTUAL AID PUBLIC SAFETY AGREEMENT ("Agreement") is dated this
1`rµday of J , 201 ;for reference purposes only, and is made by and between the CITY
OF PALM SPRINGS, a California municipal corporation (hereinafter "PALM SPRINGS"), the
CITY OF CATHEDRAL CITY, a California municipal corporation(hereinafter "CATHEDRAL
CITY"), and the CITY OF INDIO, a California municipal corporation (hereinafter "INDIO").
PALM SPRINGS, CATHEDRAL CITY and INDIO may hereinafter be referred to individually
as"Party"or collectively as"Parties."
RECITALS
A) PALM SPRINGS, CATHEDRAL CITY, and INDIO share 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 PALM SPRINGS, CATHEDRAL CITY, and INDIO
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 teams, Tactical Emergency Medical Services, Crisis Negotiators, and Tactical
Dispatchers.
C) The Police Chiefs from the PALM SPRINGS, CATHEDRAL CITY, and INDIO
police departments 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 capable of tactical and mediative options is the ideal. Even when the threat
potential is low, continuous support for this type of team is important in order to maintain a high
state of readiness.
D) The Police Chiefs from the PALM SPRINGS, CATHEDRAL CITY, and INDIO
police departments recognize that a well managed, highly trained and highly skilled tactical
response team handling a critical incident reduces the risk of injury or loss of life to constituents,
police officers and suspects.
E) Each police department herein mentioned has expressed a desire to respond more
swiftly to critical incidents; with enhanced Iocal control, a more consistent response, and with a
combined larger group of officers than any one of the agencies could provide alone.
F) The purpose of this document is to formalize the proposed concept of a multi-
jurisdictional negotiations and tactical unit comprised of members of the PALM SPRINGS,
CATHEDRAL CITY, and INDIO Police Departments. The name of this team shall be the
"Desert Regional Special Weapons and Tactics Team."
G) The City Councils of PALM SPRINGS, CATHEDRAL CITY and INDIO 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.
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NOW, THEREFORE, in consideration of the recitals and mutual promises contained
herein,the Parties agree as follows.
1. Desert Regional SWAT.
The police departments and personnel of PALM SPRINGS, CATHEDRAL CITY and
INDIO now form a special negotiations and tactical police unit, to be known as the "Desert
Regional Special Weapons and Tactics Team"(Aka"Desert SWAT").
2. Sunnort by the Parties.
The Parties agree that successful resolution of a tactical situation requires the Parties to
have the proper tactical options at their disposal, and that the best tactical option available is a
properly trained and equipped tactical police unit. The Parties agree that for best results, the
Parties must provide continuous support even when the threat potential is low.
3. Purpose/Mission Statement.
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 highly trained law enforcement officers to
---._-resolve crisis and high-risk situations;
e. Enhanced degree of response to demands for Special Weapons And
Tactics teams to handle high-risk situations;and
f. The fullest level of immunity from liability attainable for officers responding
to calls pursuant to this Agreement.
4. Term.
This Agreement ghall become operative between and among the Parties upon execution by
their respective governing bodies; and shall remain in full force and effect until terminated
pursuant to Section 15 of this Agreement.
5. Personnel and Supervision.
Desert Regional SWAT shall consist of a SWAT team and a Crisis Negotiations Team
("CNT"). The configuration of such may be comprised of as many sub-teams or reserve teams as
needed for a particular incident.
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PALM SPRINGS, CATHEDRAL CITY and INDIO shall each assign and maintain
officers and supervisors for Desert Regional SWAT sufficient to provide appropriate joint
• coverage for critical incidents which may require a response by Desert Regional SWAT or its
components.
The Police Chiefs of the Parties shall jointly agree upon written policies and procedures of
Desert Regional SWAT per Section 9 of this Agreement, shall jointly establish minimum
qualifications for Desert Regional SWAT members, including physical agility and tactical
firearms qualifications, and shall establish an appropriate selection process for Desert Regional
SWAT members. The Police Chiefs of the Parties shall also regularly review the activities of
Desert Regional SWAT members, and shall evaluate and adjust the goals of Desert Regional
SWAT if the need suggests such changes. The Police Chiefs of the Parties shall seek approvals
for the aforementioned from the individual Parties' city councils when required by law.
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 Desert Regional SWAT,as described in Section 9 herein.
Any internal affairs investigation requested by any Party supervisor shall be referred to
and performed by the Party employing the respective officer involved in the conduct to be
reviewed. If such an investigation involves the activities of officers or employees from more than
one Party, the Parties involved shall determine whether to pursue a joint or a separate
investigation. In the event of an investigation of a Desert Regional SWAT officer involved
shooting, such an investigation shall be handled in accordance with the general guidelines of the
Party employing the respective officer involved in the shooting. Any administrative action
resulting from such investigations shall be a matter left to the discretion of the employing Party.
6. Allocation of Costs.
Each Party shall be responsible for all personnel costs and obligations associated with the
staff it assigns to Desert Regional SWAT, including, but not limited to base salary, overtime
salary and fringe benefits, uniforms, ammunition, firearms, equipment, Workers' Compensation
and retirement benefits.
7. Amendments.
Amendments and/or modifications to this Agreement may be proposed at any time by a
participating Party. These suggestions shall be submitted to the Police Chiefs of the Parties for
review, and the Police Chiefs may agree to jointly designate one Police Chief to meet and confer
with the Parties' City Manager and/or City Attorney 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.
This Agreement is strictly voluntary in nature and places no Party in it under any
obligation to respond to a request for Desert Regional SWAT services that it is unable or
unwilling to honor. All Parties should make every accommodation possible to allow Desert
23152.0607017449371.4
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Regional SWAT the opportunity to assist with a request for services.
9. Policies and Procedures.
Each officer assigned to Desert Regional SWAT shall follow the general orders on the
use of deadly force, use of lethal force, operation of police vehicles and any other general
operating procedures adopted by the employing Party.
The Police Chiefs of the Parties shall jointly agree to written policies and
procedures conforming to the California standardized Emergency Management System
requirements, including, but not limited to, oversight of Desert Regional SWAT, chain of
command and control over the critical incident responses,and procedures for activation of Desert
Regional SWAT in response to critical incidents ("Standard Operating Procedures"). The Police
Chiefs of the Parties shall seek approvals for the Standard Operating Procedures from the
individual Parties' City Councils when required by law.
The city where a critical incident is located shall assume the role of supervising agency
for requesting activation of Desert Regional SWAT. 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 Desert Regional SWAT.
The incident commander shall coordinate Desert Regional SWAT response with the Desert
Regional SWAT Commander. The Desert Regional SWAT Commander is in command of
physical operation of the response itself in terms of the movement and actions of Desert
Regional SWAT members necessary to achieve the goal of the operation as set forth by the
Incident Commander.
Under the joint direction of the Police Chiefs of the Parties and in accordance with the
Standard Operating Procedures, the Desert Regional SWAT Commander shall direct the day-to-
day activities of Desert Regional SWAT, 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.
10. Command.
The Incident Commander for the requesting agency shall completely brief the Desert
Regional SWAT 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 shall be determined by the Desert Regional
SWAT Commander or his or her designee. When an operational plan is developed, the Incident
Commander for the requesting agency shall be completely briefed, when possible, by the Desert
Regional SWAT Commander prior to the actual execution of it.
The Incident Commander for the requesting agency should keep in mind that the
operational plan proposed is based on education, training and experience of Desert Regional
SWAT personnel who have the best understanding of their exact capabilities.
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11. Desert Regional SWAT Activation.
For deployment to an unplanned/critical incident or a preplanned event (high risk
arrest/search warrant) each Party shall follow the mutually agreed upon Standard Operating
Procedure governing mobilization of Desert Regional SWAT.
12. Scope of response.
The scope of the response shall 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 Desert Regional SWAT will respond are:
a. High-risk warrant service response shall include the Desert Regional
SWAT Commander, team supervisor, team leader(s) and team members
sufficient to safely execute the search 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.
i. High-risk search/warrant raids and arrests.
j. High-risk kidnap/extortion operations.
k. Emergency rescue(injured officer, citizen,etc.
1. Mobile operations.
m. High-risk vehicle stops.
n. Crowd control.
o. Mass arrest.
p. Any other critical incident as determined appropriate by the Desert
Regional SWAT Commander where the ordinary patrol and departmental
resources of the handling agency have been exhausted and the incident is
beyond the control of the agency.
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13. Indemnification.
Each Party shall be responsible for the conduct, acts and omissions of each of its own
officers and personnel assigned to SWAT or involved in any Desert Regional SWAT operation.
Pursuant to California Government Code section 895 et seq., each Party agrees to indemnify,
defend and hold harmless the other Parties arid their elected officials, officers, agents and
employees with respect to any and all demands,claims or liabilities of any nature,including death
or injury to any person,property damage or Ioss caused to the extent that such liability is caused by
the acts,omissions,negligence or willful misconduct of any officer or official of the Party providing
the indemnification in the performance of their activities in the Desert Regional SWAT.
14. Implementation Guidelines.
The Police Chiefs of the Parties shall jointly promulgate written guidelines for the
implementation of this Agreement. Such guidelines shall be in writing and approved by the City
Attorney of each Party as to form, and the city councils of each Party if required by law. Such
guidelines may be changed as necessary by similar agreement.
15. Termination of Agreement.
This Agreement may be terminated by any Party to it at any time, without cause, upon
giving the other Parties written notice thereof at least thirty (30) days in advance of the effective
termination date. Such notice shall terminate the Agreement on behalf of the terminating Party
only, and shall not terminate the Agreement as between the other Parties. It is specifically
understood and agreed by and among the Parties that termination by any one or more of the Parties
does not terminate this Agreement as to the remaining Parties, nor otherwise require its redrafting
or re-execution.
16. Third Party Rights.
The Parties agree that the provisions of this Agreement are not intended to create or
clarify any rights in third parties not a party to this Agreement. In addition, no third party shall
have any right of action hereunder. This Agreement shall not be enforceable by any parties other
than PALM SPRINGS, CATHEDRAL CITY and INDIO.
17. Not a Separate Legal Entity.
This Agreement is not intended to create a separate legal entity.
18. Privileges and Immunities.
All privileges and immunities of PALM SPRINGS, CATHEDRAL CITY and INDIO
provided by state or federal law shall remain in full force and effect.
19. Entire Agreement.
This Agreement contains the entire Agreement of the Parties with respect to the subject
matter hereof,and supersedes all prior negotiations,understandings or agreements.
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20. Governing Law.
This Agreement shall be governed by the laws of the State of California. Venue shall be
in Riverside County.
21. Successors and Assigns.
This Agreement shall be binding on the successors and assigns of the Parties, and shall
not be assigned by either Party without the prior written consent of the other.
22. Counterparts.
This Agreement may be executed in counterparts, each of which shall constitute an
original.
23. Severability.
In the event that any provision or portion of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision or
portion shall be severable from this Agreement. Such invalidity, illegality or unenforceability
shall not be construed to have any effect on the validity, legality or enforceability of the
remaining provisions or portions of this Agreement.
[Signatures on Following Page}
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IN WITNESS WHEREOF, this MUTUAL AID PUBLIC SAFETY AGREEMENT is
executed by PALM SPRINGS,CATHEDRAL CITY,and INDIO.
Palm Springs Police Department Palm Springs City Manager
Chief Al F `J Date / David H. Ready, ,.1t.D. Date
APPRO ', 1 AS TO FORM:
i APPROVED BY CITY COUNCIL
A 644-to 1 i ow zci 3
Dough C. Holland,City Attorney c r—
Cathedral City Police Department Cathedral City,Interim City Manager
f-.. . 7~45'/I �i lam -- Or /
Chief K- • Co. •er Date • ••erick J. Woo. - D:
APPROVED AS TO FORM:
X7)7.----L-- ----_______. ,
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Charles Green,Law Offices of Green,de Bortnowsky&Quintanilla
Indio Police Departmen Indio City Manager
t '.,, __ "=_-*/ 1 a Ci3 7/112424 /- g-Ill
Chief Richard Twiss Date Dan Martinez Da
APPROVED AS TO FORM:
a.....m6575.---
Roxanne Diaz,City Attorney
23152.06070\7449371.4.