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HomeMy WebLinkAbout911066.tiff Ct'vto t o a.t\..,y. '. A l _ III k .. tt o RESOLUTION RE: APPROVE INTERGOVERNMENTAL MUTUAL AID AGREEMENT WITH GREELEY POLICE DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN 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 Board has been presented with an Intergovernmental Mutual Aid Agreement between the Greeley Police Department and the Weld County Sheriff's Office with the terms and conditions being as stated in said Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Agreement, 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 this Intergovernmental Mutual Aid Agreement between the Greeley Police Department and the Weld County Sheriff's Office be, and hereby is approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D. , 1991. �/✓ vlaia BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO�COLORADO Weld County Clerk to the Board Gor L airman 2 , By: Dep ty Clerk to the Bo Geor a Ke edy, Pro-Tem �— C l/` APPROVED AS TO FORM: Ont5Z'--I/C -P --)cre `" /Q,� onstance L. Harber d2/072(dineden: County Attorney C. W. Kirb W. H. Webster 911066 S'CCC,C ) ec_ ; Lc'n1 /h0 S `? , i lht INTERGOVERNMENTAL MUTUAL AID AGREEMENT i L THIS AGREEMENT, made and entered into this / — day of d9 rnAt 19 C., / , by and between the COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of the County of Weld, by and on behalf of the WELD COUNTY SHERIFF ' S OFFICE, whose address is 915 Tenth Street, Greeley, Colorado, 80631 , hereinafter referred to as "Sheriff ' s Office, " and the CITY OF GREELEY, COLORADO, by and through its City Council, by and on behalf of the GREELEY POLICE DEPARTMENT, whose address is 919 7th Street, Greeley, Colorado, 80631, hereinafter referred to as "Greeley Police Department. " WITNESSETH: WHEREAS , in the course of police work performed by Sheriff ' s Office and Greeley Police Department, each law enforcement agency may need additional help from other law enforcement agencies , and WHEREAS , Sheriff ' s Office and Greeley Police Department have informally agreed to provide mutual aid to one another in the past, and intend to do so in the future, and WHEREAS , in order to formalize the working relationship between Sheriff ' s Office and Greeley Police Department, the parties hereto have entered into this Agreement with the goal of increasing public safety, and WHEREAS, Section 29-1-203 , C.R.S . , enables local governments to enter into intergovernmental agreements, and WHEREAS, Section 24-7-104 , C.R. S . , provides for concurrent jurisdiction of criminal and traffic matters in major cases , and this Agreement in no way is intended to affect that principle . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows : I . CALLS FOR POLICE SERVICE A. All calls for police service which are received by the Sheriff ' s Office, and concern incidents which have occurred in the jurisdiction of the Greeley Police Department, will be referred to the Greeley Police Department without unnecessary delay. B. All calls for police service which are received by the Greeley Police Department, and concern incidents which have occurred outside the City limits of Greeley in the jurisdiction of Page 1 of 7 Pages 9Llobb the Sheriff ' s Office, will be referred to the Sheriff ' s Office without unnecessary delay. C. Calls of an emergency or life threatening nature may be responded to by the agency which initially receives the call , concurrent with referral to the agency having actual jurisdiction. The urgency of the police mission supersedes temporary jurisdictional determination. When officers from both agencies are at the scene of an emergency, the agency with jurisdiction will have full authority and responsibility for the police operations at the scene . The senior officer from the agency with jurisdiction will be in command of all the police officers from both jurisdictions . For purposes of this agreement, the jurisdiction of the Greeley Police Department will be the City limits of Greeley, and the jurisdiction of the Sheriff ' s Office will be any unincorporated area in Weld County outside the City limits of Greeley. II . CALLS FOR ASSISTANCE A. In cases where emergency assistance is required by either agency, the requested agency shall provide such assistance, in the form of personnel , facilities , and equipment, if it is within the ability of that agency to provide such assistance . 1 . Requests for assistance will normally be made through the Dispatch Center of either agency, although other arrangements may be made as appropriate to the incident. 2 . The authority to request emergency assistance from the other agency, and the authority to grant such requests are delegated by the Greeley Chief of Police and by the Weld County Sheriff to their on-duty watch commanders . In extremely urgent life threatening situations when there is not sufficient time to contact the watch commanders , officers from either agency may respond immediately to urgent calls for assistance from officers of the other agency. 3 . The amount of aid available to the requesting agency will be dependant upon staffing levels along with facilities and equipment available at the time of the request. In all cases, adequate law enforcement services will be maintained in the jurisdiction of the provider agency; however, all other personnel , equipment, and facilities will be available to the requesting agency if needed. After determining the personnel , equipment and facilities needed to maintain adequate law enforcement services in the City of Greeley at the time of the emergency request, the remainder of the Greeley Police Department ' s 85 sworn officers , civilian employees , marked police vehicles , unmarked vehicles , special purpose weapons such as rifles , shotguns , and automatic Page 2 of 7 Pages Le11, 08s weapons , teargas equipment, animal control officers, reserve officers and police explorer scouts , physical facilities, and all other resources will be available to the Sheriff ' s Office . After determining the personnel , equipment and facilities needed to maintain adequate law enforcement services in the jurisdiction of the Sheriff ' s Office at the time of an emergency request, the remainder of the Sheriff ' s Office ' s 91 sworn officers , civilian employees , marked patrol vehicles, unmarked vehicles , special purpose weapons such as rifles, shotguns and automatic weapons , teargas equipment, animal control officers , reserve officers , posse members , physical facilities, and all other resources will be available to the Greeley Police Department . 4 . Personnel responding to a call for assistance will report to the highest ranking officer from the requesting agency at the scene of the incident. 5 . In all emergency situations, officers from the responding agency will assist as directed by the ranking officer on scene in the jurisdiction of the requesting agency. In accordance with Sections 29-5-103 and 104 , C.R. S . , officers from the responding agency will be under the immediate command of their own supervisors on scene, but such supervisors will be under the direct supervision and command of the designated officer in charge in the jurisdiction of the requesting agency. Officers from the responding agency will also assist as directed in the mass processing of arrestees , in the transporting of arrestees , and in the operation of any temporary arrestee holding or detention facilities that might be established because of large numbers of arrests . 6 . If a call for assistance from the Sheriff ' s Office appears to require the activation of the Greeley Police Department Emergency Response Team (ERT) , the decision to activate the ERT will be made by the on-duty Greeley Police Department watch commander who will follow the established Greeley Police Department ERT call out procedure . During any activation of the Greeley Police Emergency Response Team, its members will follow the written guidelines of the Greeley Police Department, and be under the immediate command of the ERT supervisor on scene who will make decisions regarding ERT deployment and tactics, negotiation strategy, and the use of chemical agents . The ERT supervisor will advise and consult with the on scene Weld County Sheriff ' s Office supervisor regarding ERT deployment and tactics, negotiation strategy, and the use of chemical agents . The ERT supervisor will advise and consult with the on scene Weld County Sheriff ' s Office supervisor regarding ERT operations in advance whenever possible. In compliance with Sections 29-5-103 and 104 , C. R. S . , the Sheriff of Weld County or his designee on scene will maintain overall command authority over the supervisor of the Greeley Police Page 3 of 7 Pages 2?.?. fi Department Emergency Response Team. If Greeley ERT personnel and/or other Greeley Police personnel are called to assist with any disturbance at the Weld County Jail , the on scene Weld County supervisor will make all decisions regarding negotiation strategy, the use of force, and the use of chemical agents inside the Weld County Jail . The Sheriff or his designee will maintain overall command authority over the Greeley Police Department personnel on scene. 7 . If a call for assistance from the Greeley Police involves the activation of the Sheriff ' s Canine Team or Sheriff ' s Mounted Posse, the activities of the Canine Team or Mounted Posse will be governed by the written guidelines of the Sheriff and on scene Sheriff ' s Office supervisors . The Greeley Police chief or his designee on scene will maintain overall command authority over the supervisors of the Canine Team and/or the Sheriff ' s Mounted Posse . 8 . The Sheriff ' s Office and the Greeley Police Department maintain hazardous device expertise and jointly maintain a Hazardous Device Response Unit. If a call for assistance involves the activation of hazardous device personnel from either the Sheriff ' s Office or the Greeley Police Department to respond into the other ' s jurisdiction, hazardous device personnel will be governed by the written guidelines , and supervised by the agency by which they are employed, but the on scene supervisor of the agency with jurisdiction will maintain overall command authority over all of the members of the Hazardous Response Unit. 9 . The requesting agency will reimburse the provider agency for the actual cost of any expended equipment or supplies at the option of the provider agency. If overtime expenses are incurred, either for personnel responding into the other jurisdiction or for personnel necessary to maintain adequate law enforcement services in the provider' s jurisdiction during the incident , these expenses will also be reimbursed to the provider agency at the provider agency' s option. 10 . Per Sections 29-5-103 and 29-5-104 , C . R. S . , police officers responding to a request for assistance from another law enforcement agency possess legal status as law enforcement officers in the jurisdiction of the requesting agency for such time as the requesting agency deems the assignment or assistance is necessary. 11 . Police radios equipped with frequencies of the requesting agency will be provided by the requesting agency to supervisors of the responding agency whenever they are called into the other agency' s jurisdiction to assist with an emergency situation. Page 4 of 7 Pages rm sf '` 12 . Press releases and media management will be the responsibility of the requesting agency in whose jurisdiction the emergency incident has occurred. III . FOLLOW-UP INVESTIGATION A. Cases initiated by either agency which require subsequent investigation within the jurisdiction of the other agency will be retained by the initial agency. 1 . It will be the policy of the Sheriff ' s Office to notify the Greeley Police Department when deputies, including members of the Weld County Drug Task Force, are conducting an investigation within the jurisdiction of the Greeley Police Department, and to request that a Greeley Police Officer assist the Sheriff ' s Office if such assistance is appropriate . 2 . It will be the policy of the Greeley Police Department including members of the Narcotics Investigations Unit, to notify the Sheriff ' s Office when officers are conducting an investigation within the jurisdiction of the Sheriff, and to request that a Deputy Sheriff assist the Greeley Police if such assistance is appropriate . 3 . The routine service of civil process and civil warrants by members of the Sheriff ' s Office within the City limits of Greeley is not considered a follow-up investigation, and does not require notification to the Greeley Police Department of such activity. If assistance is requested by the Sheriff ' s Office at the location of such an activity, the Greeley Police Department will provide assistance as specified in above Section II . IV. INSURANCE A. Personnel responding to assist within another agency' s jurisdiction are covered by liability and health insurance and workers compensation, in accordance with Sections 29-5-108 , 109 , and 110 , C.R. S . V. INFORMATION EXCHANGE A. Contemporary law enforcement relies heavily on information . Both agencies recognize the other ' s need for accurate, timely information and the mutual benefits derived from the exchange of such information. 1 . The Sheriff ' s Office will provide the Greeley Police Department with information that may reasonably be expected to impact the City. Page 5 of 7 Pages Rn 2 . The Greeley Police Department will provide the Sheriff ' s Office with information that may reasonably be expected to impact the jurisdiction of the Sheriff. 3 . The criteria to be used to determine information exchange is whether there is any reasonable indication that the persons involved or implicated in an incident may reside in, traverse through, or commit further criminal acts in the jurisdiction of the other. B. Details of specific case exchange will be worked out or updated as needed through agency heads or their designates . VII . WAIVER OF IMMUNITY/THIRD PARTY LIABILITY: A. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement_.y 1/26 SIGNED this '/ day of _Zz�ryLoot->i , 19 9/ ATTEST: Ma% COUNTY OF WELD, by and through the Board of County Commis- sioners of Weld County, by and on behalf of the WELD COUNTY WELD COUNTY CLERK TO THE BOARD SHERIFF' S OFFICE / / // By: GJ- /qtr,- _ c By: Deputy Clerk to the B d\ d Lacy, Chairman APPROVED AS TO SUBSTANCE AND AS TO FO Ed J dan, We d County Sheriff Page 6 of 7 Pages n CITY OF GREELEY, COLORADO, by and through the Greeley City ATTEST: Council, by and on behalf of the GREELEY POLICE DEPARTMENT BY: By: City Clerk William Morton, Mayor APPROVED AS TO FORM: Rick Brady, Greeley City Attorney agrpolice.bap Page 7 of 7 Pages ?a. 0nr Hello