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Home My WebLink About20192059.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR GREELEY-WELD BOMB SQUAD OPERATIONS AND AUTHORIZE CHAIR PRO-TEM 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 Greeley -Weld 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 Greeley -Weld 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 be, and hereby is, 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 3rd day of June, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dititt,N) 4,104;vi EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: Deputy Cler APP' '` ED A ttorney 40. Date of signature: CD/II/It1 Mike Freeman, Pro-Tem CUSED P. onway James Steve Moreno c.c.:SOCSR/pP/QC /SK) lo/al/lc) 2019-2059 SO0040 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 Sheriff's 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. 2019-2059 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 Sheriffs Office, the GWBS Team Commander may authorize the GWBS activation. 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. l I . 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 involvina the shooting of a subject, whether intentional or accidental, shall be investigated by the 19" 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 he 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 he borne by the requesting agency. 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. IN WITNESS WHEREOF: the parties have executed this contract on the day and year first written above. WELD COU Y SH RIFF'S OFFICE 1 By: Weld County Sheriff, St e Reams GREELEY POLICE DEPARTMENT By: ' 5eeCOG Rego is"( Q0 9 Date: Greeley Chief of Police, Mark Jones Date: g-3 Q- 19 DocuSign Envelope ID: 2C444B3F-573A-4345-97CE-F71 D6D2BA4A3 THE CITY OF GREELEY, COLORADO By: John ATT ayor ,—DocuSigned by: t5asy O. l-otJt x City Clerk'-4o87OD349C764F4... Approved as to Substance: DocuSigned by: By: b R. N( -o Royaa3ttbycager Approved as to Legal Form: pDoccuuSigned by: By: City4A n5E ereF4C432... Approved to Availability of Funds: DocuSigned by: By: KUn t t, ktAltr Dire ACEIJAMAFE... WELD COUNTY BOARD OF COUNTY COMMISSIONERS By: Mike Freeman,Pro—Tem AT STI JUNG n Approved as to Legal Form: By: 'FD t 4+frf . County Attorney o&o /9-ao&--7 THE CITY OF GREELEY, COLORADO RESOLUTION 18 , 2019 A RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE WELD COUNTY SHERIFF'S OFFICE REGARDING GREELEY-WELD BOMB SQUAD OPERATIONS WHEREAS, in accordance with §29-1-203, governments may cooperate or contract with one another to provide function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and 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; and WHEREAS, the Board of Weld County Commissioners, by resolution, has authorized the Weld County Sheriffs 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 Explosive Ordinance and Disposal Teams (hereinafter "EOD"); and WHEREAS, on June 22, 2015 the City Council authorized the City to enter into a Memorandum of Understanding with the Weld County Sheriffs Office related to combining the EOD teams ("the 2015 MOU"); and WHEREAS, by its term the 2015 MOU expired one month following the retirement of former Greeley Police Chief Garner; and WHEREAS, the Greeley Police Department has determined it is in the best interests of the citizens of the City of Greeley to continue the Greeley -Weld Bomb Squad and therefore request that the City Council authorize execution of a new Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: Section 1. The City Council hereby authorizes the City to enter into a Memorandum of Understanding with the Weld County Sheriffs Office authorizing Greeley -Weld Bomb Squad Operations, a copy of which is attached hereto and incorporated herein as Exhibit A. Section 2. City staff is hereby authorized to make changes and modifications to the Agreement, so long as the substance of the Agreement remains unchanged. Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 7th day of rt�y_ , 2019. ATTEST: THE CITY OF GREELEY, COLORADO Mayor immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Steven Reams Sent: Monday, June 3, 2019 9:09 AM To: Karla Ford <kford@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com>; Donnie Patch <dpatch@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Stephanie Frederick <sfrederick@weldgov.com> Subject: RE: Greeley -Weld Bomb Squad MOU Karla, I didn't get to respond last week. I'm fine with this going on the agenda but I leave on vacation this afternoon. The Bomb Team is a shared resource that provides services to all of Northeastern Colorado. We often receive Federal Grants for equipment and training so the Commissioners are part of the MOU for that funding aspect. If you need something further, let Alan Caldwell or Donnie Patch know and I'm sure one of them can be at the meeting. Reams From: Karla Ford Sent: Thursday, May 30, 2019 4:36 PM To: Steven Reams <sreams@weldgov.com>; Alan Caldwell <acaldwell@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Stephanie Frederick <sfrederick@weldgov.com> Subject: FW: Greeley -Weld Bomb Squad MOU Sheriff, If you are fine with this going on the agenda without a work session or pass -around, please submit the attached and also a memo from you giving a summary of what this is for. Copy Esther and Stephanie as they will put it on Monday's agenda and you or a staff member will want to come over and present it at the Board Meeting. CTB will be able to send back to Teri at GPD. Thank you! Karla Ford g Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweldgov.com :: www.weldgov.com :: My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. Friday 7:00a.m. - Noon Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Steven Reams Sent: Thursday, May 30, 2019 9:55 AM 2 To: Karla Ford <kford@weldgov.com> Cc: Alan Caldwell <acaldwell@weldgov.com> Subject: RE: Greeley -Weld Bomb Squad MOU Forgot to include the version I signed From: Steven Reams Sent: Thursday, May 30, 2019 9:54 AM To: Karla Ford <kford@weldgov.com> Cc: Alan Caldwell <acaldwell@weldgov.com> Subject: FW: Greeley -Weld Bomb Squad MOU Karla, Could you give this to Commissioner Kirkmeyer and the others that are required for a signature and then forward back to Teri? Thanks, Reams From: Teri Gutierrez <Teri.Gutierrez@Greelevpd.com> Sent: Friday, May 17, 2019 4:59 PM To: Steven Reams <sreams@weldgov.com> Subject: Greeley -Weld Bomb Squad MOU Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sheriff Reams, The attached MOU is ready for WCSO signature(s). Please return the signed form back at your earliest convenience. Thank you, cTeti Satiettez Senior Administrative Specialist City of Greeley/Police Department 2875 10th Street Greeley, CO 80634 Phone: 970-350-9660 3 Hello