HomeMy WebLinkAbout20130779.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO
SIGN - COLORADO BUREAU OF INVESTIGATION AND NORTHERN REGIONAL
LAB GROUP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Northern Regional Lab Group is made up of members from the Weld and
Larimer County Sheriff's Offices, the Loveland, Fort Collins, and Greeley Police Departments, the
Colorado Bureau of Investigations, and the Weld and Larimer County District Attorneys' Offices,
and
WHEREAS, the Board has been presented with a Memorandum of Understanding
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Colorado Bureau of Investigation, as well as the
Northern Regional Lab Group, with terms and conditions being as stated in said Memorandum of
Understanding, and
WHEREAS, after review, the Board deems it advisable to approve said Memorandum of
Understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado
Bureau of Investigation, as well as the Northern Regional Lab Group, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Memorandum of Understanding.
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2013-0779
SO0034
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - COLORADO
BUREAU OF INVESTIGATION AND NORTHERN REGIONAL LAB GROUP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of March, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
Date of signature:
APR 0 5 2013
ike Freeman
6rkrnePl
2013-0779
SO0034
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU" or "Agreement") is by and between the
Colorado Bureau of Investigation ("CBI"), the Northern Regional Lab Group ("NRLG"), and
the County of Weld, by and through the Board of County Commissioners of the County of
Weld (`'Weld County"), hereinafter referred to as the ("Parties"). The Northern Colorado
Laboratory group is made up of members from the Weld County Sheriff's Office, the Larimer
County Sheriff's Office, and Loveland Police Department, Fort Collins Police Department,
Greeley Police Department, the CBI, the Weld County District Attorney's Office and the
Larimer County District Attorney's Office (the "Participating Agencies").
I. BACKGROUND:
A. This MOU serves to define the scope of commitment and responsibilities of the Parties
concerning a joint venture by and between the CBI and the NRLG for the provision of
laboratory quality services. It sets forth the agreed upon policy and procedures for funding,
management, accountability, direction, authority and liabilities of the Parties in
conjunction with this effort.
B. This MOU is also being executed for the purposes of defining the roles and responsibilities
of the Northern Colorado Regional Forensic Laboratory ("NCRFL"), the functional
aggregate of forensic scientists and support staff employed by and under the supervision of
one of the participating agencies of the NRLG, and the CBI laboratory staff in the
implementation of the Colorado Bureau of Investigation Forensic Services ("CBIFS")
quality system within the NCRFL.
C. The MOU in no way changes or infringes upon the established jurisdictions or
responsibilities of the Parties. The participating agencies of the NRLG will continue to
conduct investigations within their respective jurisdictions. CBI will continue to provide
statewide forensic services pursuant to law.
D. The Parties will continue to work closely with each other on matters of joint interest.
Nothing in this MOU should be construed as limiting or impeding the spirit of cooperation
which already exists between the CBI and the NRLG.
11. QUALITY SYSTEM OVERVIEW:
A. Commitment to Quality and Conformance to ISO/IEC 17025 The CBIFS and the NCRFL
are committed to providing the finest quality of forensic services. This commitment is vital
to serve the citizens of the state of Colorado and specifically those within Weld and
Larimer Counties. Additionally, because of the joint partnership that has resulted in the
sharing of staff/facilities, both organizations must comply with a quality system that
allows CBIFS and NCRFL to conform to the ISO/IEC 17025 standards while meeting
their statutory and/ or charter obligations.
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B. NCRFL Facility
In keeping with this MOU, Weld County and the NRLG provides a central facility within
the Northern Colorado Region that houses staff from the Participating Agencies and the
equipment and instrumentation necessary to furnish a full service forensic laboratory (the
NCRFL or `Crime Lab"). The services offered at the Crime Lab include, but are not limited
to, Latent Prints, Footwear/Tire Tracks, Firearms, Digital Media, DNA, and Chemistry.
The CBIFS will continue to provide current CBI personnel and may provide additional
personnel to assist in staffing this facility. Pursuant to an agreement between the
Participating Agencies, entitled, "Intergovernmental Agreement Regarding a Stand -Alone
Facility for Forensic Disciplines for the Northern Regional Lab Group" ("Crime Lab
Agreement"), Weld County intends to provide a new building to house the Crime Lab. The
Crime Lab Agreement includes the following terms:
1. Crime Lab Maintenance. Weld County will either provide for or arrange for the
provision of all building maintenance for the Crime Lab, paying the cost thereof The
Participating Agencies will each pay a portion of cost of the Crime Lab maintenance
and operations ("M&O"). However, by virtue of its contributions of personnel,
equipment and supplies, use of the Laboratory Information Management System
("LIMS") system, and a server for use in DNA testing, CBI will not be required to pay
a portion of the M&O, but will provide to Weld County on an annual basis an estimate
of such contributions.
2. Utilities. Utility costs for the Crime Lab will be paid by all of the Participating
Agencies on an "equal share" basis. However, by virtue of its contributions of
personnel, equipment and supplies, use of the LIMS system, and a server for use in
DNA testing, CBI will not be required to pay for its use of such utilities.
3. Information Technology Resources. All fiber connectivity to the Crime Lab must be
previously approved by and installation coordinated with Weld County Information
Technology. No computer services, including internet connections, will be provided by
Weld County. Crime Lab computer systems and their maintenance is the responsibility
of the entity that owns the computer system. Technical support for computer systems
owned by CBI will be the responsibility of CBI.
4. Requests for Special Interior Finish, Furnishings and Utilities/Settings at the Crime
Lab. CBI may request to Weld County that specific interior finish, furnishings, or
utilities/settings be included in the Crime Lab. Such requests that are granted and
specific interior finish, furnishings, or utilities/settings constructed will be paid for by
CBI. CBI will not be required to pay for requests for specific interior finish,
furnishings, or utilities/settings requested by the Participating Agencies being paid for
by the Participating Agencies on an "equal share" basis.
5. Improvements to Crime Lab Building. Improvements to the Crime Lab that are
deemed necessary by the NRLG for the proper functioning of the Crime Lab will be
submitted to Weld County for approval. Upon approval of such improvements by
Weld County, they will be constructed and the costs paid for by all of the Participating
Agencies on an "equal share" basis. However, by virtue of its contributions of
personnel, equipment and supplies, use of the LIMS system, and a server for use in
DNA testing, CBI will not be required to pay for constructed improvements.
6. Insurance. Weld County will provide insurance on the Crime Lab and its contents.
Each Participating Agency and CBI will insure any equipment or computer systems it
stores or uses at the Crime Lab. Each Participating Agency and CBI will provide Weld
County with proof of insurance or evidence of self-insurance covering its equipment
and furnishings located at the Crime Lab. Each Participating Agency and CBI will
carry necessary workers' compensation insurance to cover its employees who use the
Crime Lab and provide proof of such workers' compensation insurance to Weld
County.
III. QUALITY SYSTEM SPECIFICS:
A. Adoption of CBIFS Quality Assurance Operations Manual
In order to ensure consistency for all forensic scientists in the performance of their duties,
the NCRFL will adopt the CBIFS Quality Assurance Operations Manual. The CBIFS
Quality Manager will work in partnership with the NCRFL Laboratory Director on all
aspects of the quality system. The NCRFL Laboratory Director will serve as the on -site
Quality Manager for all issues affecting quality. The NCRFL Laboratory Director will also
be an active participant, working with the CBIFS in revising, adding, or deleting policies
and procedures in the Quality Assurance operations Manual. If the NCRFL scientist or
support staff member cannot comply due to charter obligations or facility limitations, an
addendum will be written with the express intent of abiding with the policy/procedure in
question.
B. Adoption of and Participation in the CBIFS Discipline Operations Manuals
Each discipline within the CBIFS has a Discipline Operations Manual outlining the policies
and procedures and training requirements for that specific discipline. In order to ensure
consistency for all forensic scientists in the performance of their duties, the NCRFL will
adopt the CBIFS Discipline Operations Manuals, with modifications made only as needed
to address a specific instrumentation or facility issue. Annual reviews along with any other
quality requirements will be done in synchronization with the CBIFS. The NCRFL staff
will be active participants, working with CBIFS in the annual review and of the Discipline
Operation's Manuals. The NCRFL Laboratory Director will be an active participant
working with the CBIFS to revise, add, or delete policies and procedures to these manuals.
The CBIFS or NCRFL Technical Leaders and the CBIFS Quality Manager will work in
partnership with the NCRFL Laboratory Director on all aspects of the policies and
procedures for the specific disciplines at this facility.
C. Proficiency Testing
The CBIFS will procure the proficiency tests needed for each forensic scientist within the
disciplines and sub -disciplines in which these forensic scientists issue reports and testify.
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Proficiency tests for all non -CBI NCRFL forensic scientists will be issued through the
NCRFL's Laboratory Director following the policy and procedures outlined in the CBIFS
Quality Assurance Operations Manual. All policies and procedures regarding proficiency
testing will be followed according to the CBIFS Quality Assurance Operation Manual. The
NCRFL will retain the proficiency test results for all non -CBI NCRFL forensic scientists;
CBI will retain the proficiency test results for all CBI forensic scientists.
D. Corrective and Preventive Actions
NCRFL Laboratory Director will be responsible for developing, issuing and administering
all preventive and corrective action plans to non -CBI NCRFL forensic scientists; likewise,
the CBI Agent -in -Charge (with accountability for the CBIFS forensic scientists within this
facility) will be responsible for administering all preventive and corrective action plans to
CBI forensic scientists. In all instances, the plans developed relative to the NCRFL will be
agreed upon by both the NCRFL Laboratory Director and the CBIFS Quality Manager;
however, if there is a disagreement regarding the action to be taken, the final decision will
lie with the CBIFS Director.
IV. LABORATORY INFORMATION MANAGEMENT SYSTEM:
A. Laboratory Information Management System
The CBI will procure the necessary equipment and provide access to the LIMS system.
This will include a secure server maintained on -site at the NCRFL as the primary collection
site for all data. The CBIFS and the CBI Information Technology will provide all
necessary LIMS maintenance and support to ensure the integrity of the data, including but
not limited to back-up, disaster recovery, and archiving. Additionally, NCRFL will have
access to the CBI system and CBI to the NCRFL system, allowing for duplication of data
in the event of server difficulty or failure.
B. NCRFL Unique Case Identifier
A unique case identifier will be applied to all NCRFL submissions in order to distinguish
between NCRFL and CBIFS submissions and to provide the requisite data needed by the
CBI and the NRLG.
V. SUPERVISION:
A. Day -to -Day Supervision
All forensic scientists, including NCRFL and CBIFS staff, conducting analysis in the
NCRFL facility will work under the immediate direction and supervision of the on -site
NCRFL Laboratory Director.
B. Training, Development, Discipline of NCRFL Staff
The NCRFL, Laboratory Director or designee shall ultimately be responsible for monitoring
the continuing training, development, and discipline of the scientists. In addition, this
individual will assist or be responsible for the performance evaluations of all non -CBI
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NCRFL scientists. The CBIFS and NCRFL technical leads will provide support in directing
the training, certification and the future technical development of NCRFL scientists so as to
ensure a uniform standard of excellence across the laboratory while consistently
maintaining conformance to the ISO/IEC 17025 standards.
C. Issue/Conflict Resolution (Non -Quality Related)
The C13I Agent -in -Charge and NCRFL Laboratory Director will also discuss any issues or
conflicts brought to their attention regarding the Parties' combined ventures, policies,
procedures, directives, regulations, standards and personnel issues/conflicts. The Parties
will strive to reasonably resolve any issues or conflicts through discussion or, as necessary,
with the guidance of supervisors at higher levels, i.e. the Sheriff of Weld County or his/her
designee, Loveland Police Chief or his/her designee, the CBI Director or his/her designee.
In the spirit of this Agreement, any conflict that arises should be resolved by mutual
agreement through the chain of command of both agencies and should be handled by the
individual at the lowest level possible who has the authority by policy to resolve the
conflict. All quality -related issues will be resolved as per section III. D. (page 5) of this
MOU.
D. Performance Breach or Violation by the CBIFS Staff
Any performance breach or violation(s) of laws, policies, procedures, directives,
regulations or standards by a CBIFS forensic scientist assigned to the NCRFL facility shall
be brought to the immediate attention of the CBI Agent -in -Charge When necessary, this
breach or violation will be put in writing. Disciplinary action recommendations will be the
responsibility of the CBI Agent -in -Charge, with full cooperation of the NCRFL Laboratory
Director, in accordance with existing policies and procedures of the CBI. The
administration of disciplinary action will be the responsibility of the CBI.
E. Statutory Authority of CBI
Nothing herein should be construed as in any way limiting, modifying or changing,
expressly or impliedly, the statutory authority of the CBI over the CBI forensic scientist
including the fact that the CBI forensic scientist serves "at -will" and at the pleasure of the
CBI.
VI. COMMITMENT TO THE PARTNERSHIP:
A. Participation in this MOU is voluntary by the Parties in order to provide support and
operational capabilities for each respective agency and for law enforcement in general.
Because of the long term nature of the assignment of personnel associated with this MOU,
any formal termination of this Agreement shall require a minimum of eighteen (18) months
written notice provided to the other party unless otherwise agreed to in writing by the CBI,
Weld County and the NRLG.
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•
Such notice shall be provided as follows to:
President of the Northern Regional Lab Group
To the CBIFS Director:
To Weld County:
Board of County Commissioners of the County of Weld
P.O. Box 758
1150 O Street
Greeley, CO 80632
C. Subject to paragraph II. B., this MOU will be effective upon the signatures noted below.
Once effective, this MOU will remain in effect until amended or abrogated.
NORTHERN REGIONAL LAB GROUP
ATTEatm-+_o.:+ 9 26.-)e,
Weld County Clerk to the Board
i/,
By. / . ',et"r lit/;..
deputy Cler t
By:
Robert Coleman, President
Date: 3 —
COLORADO BUREAU OF
INVESTIGATION
By:
et M. irten, Director Forensic Services
Date: V trA3
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By: -!
William 1<'. Garcia, Chairman
MAR 252013
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