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City of Morgan Hill - Joint Police Tactical Services AGREEMENT BETWEEN THE CITY OF GILROY AND THE CITY OF MORGAN HILL FOR JOINT POLICE TACTICAL SERVICES This contract is dated for identification this 3lL day of In'''l \ , 2011 and is made by and between the CITY of GILROY, a California ~ity, an whose address is 7301 Hanna Street, Gilroy, California; 95020 (hereinafter "GILROY") and the CITY OF MORGAN HILL, a California General Law City whose address is 17555 Peak Ave, Morgan Hill, California; 95037 (hereinafter "MORGAN HILL"). RECITALS A. GILROY and MORGAN HILL share proximity and 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 GILROY and MORGAN HILL 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 Council of GILROY and the City Council of MORGAN HILL 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 through the formation of a Regional Tactical Team. NOW, THEREFORE in consideration of the recitals and mutual promises contained herein it is agreed as follows: Personnel and Supervision The Regional Team shall consist of a Special Weapons and Tactics (SWAT) team and a Hostage Negotiators Team ("HNT") with sworn and non-sworn employees from each jurisdiction. The Regional Team configuration may be comprised of as many sub-teams or reserve teams as needed for a particular incident. GILROY and MORGAN HILL 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 GILROY and MORGAN HILL 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. The Chiefs shall also select the SWAT Team Tactical Commander. While participating in any high-risk/critical incidents or any training Agreement Between the City of GILROY and the CITY of MORGAN HILL for Joint Police Tactical Services Page 2 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. 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 GILROY and MORGAN HILL 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 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. For consistency purposes, the SWAT Team Tactical Commander will operate in that capacity, whether operating in the City of Gilroy or the City of Morgan Hill and shall direct the tactical operations of the response in consultation with the incident commander. The Police Chief (or delegate) of each city 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. Agreement Between the City of GILROY and the CITY of MORGAN HILL for Joint Police Tactical Services Page 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 parties 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. MORGAN HILL shall indemnify, defend and hold GILROY 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 MORGAN HILL or its officers, officials, attorneys, agents, employees and volunteers, (ii) any acts or omissions by MORGAN HILL or its officers, officials, attorneys, agents, employees and volunteers, or (iii) any policy, rule, regulation, order or ordinance of MORGAN HILL 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 GILROY, or its officers, officials, attorneys, agents, employees and volunteers; b. GILROY shall indemnify, defend and hold MORGAN HILL 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 GILROY or its officers, officials, attorneys, agents, employees and volunteers, (ii) any acts or omissions by GILROY or its officers, officials, attorneys, agents, employees and volunteers, or (iii) any policy, rule, regulation, order or ordinance of GILROY 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 MORGAN HILL, 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; Agreement Between the City of GILROY and the CITY of MORGAN HILL for Joint Police Tactical Services Page 4 d. The provisions of this section shall survive the termination of this Agreement. 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 both City Attorneys 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 GILROY and MORGAN HILL. PPROVED AS TO CONTENT: CITY OF GILROY, a California Charter City nicipal corporation. ~\ ^ ~ ' 1J I / l~!I.. C,~/ .. City Attorney By: APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY OF MORGAN HILL, a California General Law City and municipal corporation. ~:r \PROVED AS TO FORM: "r /JW ATTEST: By: ('.4. 'J") 2...