Loading...
HomeMy WebLinkAboutE-7 Staff Report - ESGV SWAT 2024CONSENT ITEM E-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROCKY WENRICK, CHIEF OF POLICE DATE: MARCH 4, 2024 SUBJECT: APPROVAL OF AGREEMENT BETWEEN AZUSA PD AND THE EAST SAN GABRIEL VALLEY REGIONAL SWAT TEAM BACKGROUND It is recognized that the presence of a highly trained and skilled tactical unit has been shown to reduce the risk of injury or death to citizens, police officers and suspects. It is also recognized that a well-managed team response to critical incidents beyond the scope and training of patrol officers and detectives usually results in the successful resolution of those events. To this end, it is the intent of the participating cities, to include the City of Azusa, as well as future potential member cities to pool certain resources whenever personnel, facilities and equipment are reasonably available and create a regional tactical team. This unit will service all the member agencies and their respective communities to help resolve critical incidents as they arise and will be named the East San Gabriel Valley Special Weapons and Tactics Team, also known herein as "ESGV SWAT". RECOMMENDATION(S) Staff recommends that the City Council take the following action: 1)Approve the Memorandum of Understanding between the Azusa Police Department and the ESGV SWAT Team. Approved City Council March 4, 2024 EAST SAN GABRIEL VALLEY SWAT Page 2 ANALYSIS The ESGV SWAT Team shall be governed by the Chiefs of Police of the member agencies, or their designees. Generally, they shall provide operational governance and supervision of the mutual aid and cooperation, and administration of the ESGV SWAT Team as set forth in a Memorandum of Understanding and shall make all decisions based on concurrence of at-least a majority of the Chiefs, or their designees, after providing, wherever reasonably possible, an opportunity for all member Chiefs, or their designees, to be involved in any and all such decisions. Each city shall be solely liable for any claim, loss, or damages to non-member third parties for personal injury and/or death including, with limitation, attorney fees and costs, arising out of acts or omissions of that city’s own employees who are members of, or who participate in support of the ESGV SWAT Team. The city requesting the response of the ESGV SWAT Team shall in all cases be solely liable for any claim, loss, or damages for property damage to third parties including, without limitation, attorney fees and costs, arising out of the activities of the ESGV SWAT Team. Notwithstanding any other provision of this agreement, the parties hereto specifically agree that in the event of an injury, illness or death to any duly assigned city employee member of the ESGV SWAT Team, or damage or loss of any type to the property of a member city, arising out of the participation in the training or operations of the ESGV SWAT Team, the assigning city shall indemnify, defend and hold harmless the other cities, and such cities' officials, offices, agents and employees from any and all such demands, claims, or liabilities arising there from including, without limitation, those which constitute a workers compensation claim. In connection with any claim, injury or property damage for which a member city is obligated to indemnify and defend another member city or cities, such indemnifying city shall indemnify, defend and hold harmless other member cities, and such agencies' officials, officers, agents and employees from any and all demands, claims or liabilities of any nature arising out of the incident giving rise to the defense and indemnification obligation. In such cases, each member city shall use its best efforts to cooperate and assist in such a defense, except to the extent that such cooperation and assistance could, in the opinion of the member city's City Attorney, be reasonably expected to prejudice the legal interests of that indemnified and defended member city. Each party hereto shall at all times maintain in full force and effect workers compensation insurance and compliance with applicable law and adequate liability insurance or legally adequate self-insurance to cover its activities hereunder. EAST SAN GABRIEL VALLEY SWAT Page 3 FISCAL IMPACT The ESGV SWAT Team does not have its own budget. Each agency will be responsible for overtime expenses, base salary, benefits, and other personnel costs for their participating employees resulting from training and call-outs. Each agency will provide their participating personnel with the requisite safety equipment, which is set forth in the policy and procedures of the ESGV SWAT Team. Replacement costs of expendable items used during training and/or call-outs will be shared equally only if the value of expendable items was contributed equally. A detailed accounting of such items will be maintained and a written statement of costs incurred will be submitted for payment. Funding for SWAT activities is already included in the FY2023-24 Public Safety budget. Prepared by: Reviewed by: Nick Covarrubias Rocky Wenrick Sergeant Chief of Police Reviewed and Approved by: Sergio Gonzalez City Manager Attachment: 1. East San Gabriel Valley SWAT Memorandum of Understanding Attachment 1