HomeMy WebLinkAbout20241953.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR BOMB SQUAD
OPERATIONS AND AUTHORIZE CHAIR AND SHERIFF'S OFFICE TO SIGN - CITY
OF GREELEY POLICE DEPARTMENT
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 a Memorandum of Understanding for
Bomb Squad Operations between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of
Greeley Police Department, commencing upon full execution of signatures, with further 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 for Bomb Squad Operations
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of Greeley Police
Department, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair and Steve Reams, Weld County
Sheriff, be, and hereby are, authorized to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST: GA �l=,C
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Weld County Clerk to the Board
BY:
TA • (AI) e. -k -
APP
Deputy Clerk to the Board
ounty A :rney
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Date of signature: _
Perry L. BucbE, Pro-Tem
Mikq Freeman
t K. James
Lori Saine
cc : So (SK/L3>)
Of/9-30-'4
2024-1953
SO0045
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Bomb Squad MOU
DEPARTMENT: Sheriffs Office
PERSON REQUESTING: Lt. Ben Endreson
DATE: 06/28/24
Brief description of the problem/issue:
The Weld County Sheriffs Office has historically assigned two (2) bomb squad technicians to the
Greeley/Weld County Bomb Squad. The last MOU was done under Greeley PD's previous Chief and needs
resigned under the new Chief.
What options exist for the Board?
Consequences:
Without a new signature the previous MOU could be considered void and therefore the agreements in place for
the use of the deputies from the Sheriff's Office on the Bomb Squad would no longer be applicable
Impacts:
Operating under a signed MOU agreement outlines the Sheriffs Office legal parameters for the operation of
the deputies on the Bomb Squad and what their responsibilities are
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
No cost associated with signing the MOU
Recommendation:
Lt Endreson's recommendation is to sign the MOU and continue the use and partnership of the Greeley/Weld
County Bomb Squad
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Seine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
ed;
IY1�►
2024-1953
�1I22,
So 00,-5
DocuSign Envelope ID: A1DFD38E-A1AD-4078-8A0B-398A2A1696A8
Memorandum of Understanding
Weld County Sheriff's Office and Greeley Police Department
Greeley -Weld Bomb Squad Operations
This Memorandum of Understanding (MOU) is entered into by and between the Weld County
Sheriff's Office, 1950 0 Street Greeley Colorado 80631 (hereafter Sheriff) and Greeley Police
Department, 2875 W 10th Street Greeley Colorado 80634, (hereafter Chief), to combine Explosive
Ordinance and Disposal Teams, known as the Greeley -Weld Bomb Squad (hereafter "GWBS"), and
utilize the combined GWBS services and resources, when necessary. In no event shall this MOU extend
more than one month beyond the current term of office of signatory Sheriff and/or Chief of Police.
Whereas, CRS §§ 29-5-103 and 29-5-104 authorize the Weld County Sheriff (hereinafter
"Sheriff') and the Chief of Police of the City of Greeley (hereinafter "Chief') to request temporary
assignment of certified peace officers from other jurisdictions and to temporarily assign certified peace
officers under their command to certain other jurisdictions and Colorado.
Whereas, the board of Weld County Commissioners, by resolution, has authorized the Weld County
Sheriff's Office to enter into a mutual aid agreement in accordance with the Colorado Statute, CRS §§ 29-
5-103 and 29-5-104, on the condition that each agreement is approved as to form by the Weld County
Attorney's Office; and;
Whereas, the Weld County Sheriffs Office and Greeley Police Department realize critical incidents and
major events may overextend available resources of individual EOD Teams; and
Whereas, the Sheriff and the Chief desire to execute an agreement to allow each respective agency's EOD
Teams to combine and form the GWBS in accordance with each agency's Policy and Procedures.
Now, therefore, it is hereby agreed by and between the parties hereto:
1. This MOU shall commence on the date last executed by the duly authorized representatives
of the parties to the MOU, and shall remain in full force and effect until terminated by either party
upon sixty (60) days written notice, or as terminated by a written and signed MOU.
2. Each party to this MOU agrees to furnish to the other party such manpower and/or equipment
necessary to support the GWBS operations.
3. All requests for activation of GWBS under the terms of this MOU shall be made by the GWBS
Team Commander. GWBS activations may be made for, but are not limited to, investigating
suspicious packages or items that may contain explosives, rendering safe any explosive devices,
large scale high risk incidents, prolonged operations or any operation with expansive dynamics that
require specialized explosive ordinance knowledge and device expertise.
4. The agency having primary jurisdiction over the activation scene shall utilize their Incident
Commander to oversee the operation and to accept or decline the operational plan presented by the
GWBS Team Commander.
5. In the event another jurisdiction/agency requests the utilization of the GWBS outside of the
jurisdictional boundaries of the Greeley Police Department and Weld County Sheriff's Office, the
GWBS Team Commander may authorize the GWBS activation.
O7DaL4963
DocuSign Envelope ID: Al DFD38E-A1AD-4078-8A0B-398A2A1696A8
6. The Sheriff and Chief shall appoint a GWBS Team Commander to administer and supervise GWBS
operations. The GWBS Commander is responsible for ensuring an operational plan is implemented
for each activation. The Chief shall also appoint a Team Leader, who has been certified as a Bomb
Technician in accordance with criteria set forth by the FBI and/or the National Bomb Squad
Advisory Board. The Team leader shall be responsible for the management of tactics, personnel
deployment and equipment usage, under the supervision of the Bomb Squad Commander.
7. Temporary assignment of a certified officer to the GWBS from one jurisdiction to another pursuant
to this MOU shall be only for performance of temporary duties relating to GWBS operations.
8. Certified peace officers temporarily assigned and performing duties pursuant to this MOU shall
have full peace officer authority within Weld County and, City of Greeley during the temporary
assignment.
9. Certified peace officers temporarily assigned and performing duties pursuant to this MOU are
subject to the direction and control of the GWBS Team Commander.
10. GWBS officers shall abide by and perform their duties in accordance with their respective agency's
policies and procedures. No officer shall follow any directive or order that is not authorized by, or
is contrary to, his or her home agency's standard operational policies and procedures.
11. Complaints arising against the GWBS operator(s) as a result of a cooperative effort as it may pertain
to the MOU shall be investigated by involved officer's agency. All incidents involving the shooting
of a subject, whether intentional or accidental, shall be investigated by the 19th Judicial District
Critical Incident Response Team.
12. The cost for equipment, training and resources for each certified officer assigned to the GWBS shall
be the responsibility of the officer's home agency. The officer's home agency shall ensure that
each officer assigned to the GWBS is afforded the time needed, and financial support, to become a
certified bomb technician in accordance with guidelines established by the National Bomb Squad
Commanders Advisory Board, and to maintain such certification. All equipment provided to the
GWBS for joint use shall remain the property of the purchasing agency.
13. Each party to his MOU shall be responsible for compensation of the certified officers from their
home agency during GWBS operations.
14. Notwithstanding any other provision of this Agreement to the contrary, no term or condition hereof
shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protection or other provisions of the Colorado Governmental Immunity Act, C.R.S. §24-
10-101 et seq., as now existing or hereafter amended, and each party fully retains all immunities
and defenses provided by law with regard to any action, whether or tort, contract or any other theory
of law. The provisions of this Agreement shall be controlled, limited and otherwise modified to
limit the liability of the parties hereto to the above cited law.
15. The parties do not intend to create in any other individual or entity the status of the third party
beneficiary and this MOU shall not be construed so as to create such status. The rights, duties and
obligations contained in this MOU shall operate only between the parties to the MOU and shall
insure solely to the benefit of the parties to this MOU.
16. Each party to this agreement shall be responsible for its own actions and any acts of negligence and
that of its directors, officers, employees, agents and representatives in their performance of this
Agreement. Neither party agrees to insure, defend or indemnify the other, except that the cost of
any damage to equipment belonging to the certified peace officer or his employer while acting
pursuant to this MOU for another jurisdiction shall be borne by the requesting agency.
• DocaOign Envelope ID: AlDFD38E-ASAD-4078-8A0B-398A2A1696A8
17. By execution, each party certifies it has read and understands this MOU, agrees to be bound by the
terms hereof, have the authority to execute and bind, and have received a signed and dated copy of
the MOU.
[N WITNESS WHEREOF: the parties have executed this contract on the day and year first written above.
WELD C NTY SHE FF'S OFFICE
By: 1�1
Weld County Sheriff, Steve Reams
GREELEY POLICE DEPARTMENT
/--o«uslpned by:
B44.x++ 1144
Gyree`Iey'ePle?'o `police, Adam Turk
Date: `
Date: 3/9/2024
DocuSign Envelope ID AlDFD38E-AtAD-4078-8AOB-398A2A1696A8
THE CITY OF GREELEY, COLORADO
Approved as to Substance:
By:[Doculipned by
eke C.%-
Raymor `�".'�ee'�iII, City Manager
Approved as to Legal Form:
p«uSigned br
By. cii�3iiT8
City Attorney
Approved to Availability of Funds:
«uSipned Dy.
B fi ra i it"Jatt
Director o finance
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
KEVIN D. ROSS CInAIR C L
TEST: ,,`
RK TO TnE BO
A
OVED AS TO FUNDING:
CnERYL PAT ELLI
CnIEF FINANCIAL OFFICER
APPROVED AS TO FO M:
20'
RD
BYRON nOWWELL
ASST COUNTY ATTORNEY
Contract For
Entity Information
Entity Name *
CITY OF GREELEY
Entity ID*
@00001551
Q New Entity?
Contract Name * Contract ID
GREELEY-WELD BOMB SQUAD OPERATIONS MOU 8497
Contract Status
CTB REVIEW
Contract Lead *
BENDRESON
Contract Lead Email
bendreson@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
MOU BETWEEN WCSO AND THE CITY OF GREELEY POLICE DEPT. MOU WAS ESTABLISHED AND BOCC APPROVED
ON 7/10/2024
Contract Description 2
Contract Type
AGREEMENT
Amount*
$0.00
Renewable *
YES
Automatic Renewal
Grant
IGA
Department
SHERIFF
Department Email
CM-Sheriff@weldgov.com
Department Head Email
CM-Sheriff-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 07/13/2024
07/17/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date
05/01/2029
Renewal Date
07/02/2029
Committed Delivery Date Expiration Date
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DONNIE PATCH
DH Approved Date
07/17/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/22/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
07/18/2024 07/18/2024
Tyler Ref #
AG 072224
Originator
SKOHLGRAF
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