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Home My WebLink About20170978.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL MUTUAL AID AGREEMENT FOR SWAT AND OTHER ASSISTANCE CALLS AND AUTHORIZE CHAIR TO SIGN - GREELEY POLICE DEPARTMENT AND SHERIFF'S OFFICE 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 for SWAT and other Assistance Calls 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 Greeley Police Department, commencing upon full execution of signatures, with further terms and conditions being as stated in said Mutual Aid Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Mutual Aid 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 the Intergovernmental Mutual Aid Agreement for SWAT and Other Assistance Calls 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 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 Mutual Aid Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of April, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR) O ATTEST: datdifet),v, Weld County Clerk to the Board BY: uty Clerk to the Board AP"o'EDAST ounty Attorney Date of signature: '-1 / al)/ (7 Ju ie A. Cozad, Chair Steve Moreno, Pro -Tern e(.7 Sean P. Conway rim arbara Kirkmeyer c' SOCJOB, GZCTCB ) s/aa/, 1 2017-0978 SO0038 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Mutual Aid Agreement between GPD and WCSO DEPARTMENT: Sheriff's Office DATE: 03-27-17 PERSON REQUESTING: Brief description of the problem/issue: Need signatures for and update (current Sheriff) of the Mutual Aid agreement between GPD and WCSO. Have been working on a document from the previous administration. No changes to the form of the document appear to be necessary. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Sign agreement and continue current working practices. Don't sign and there will be no formal mutual aid agreement with the agency that the Sheriffs Office most utilizes for support and in turn supports. Recommendation: Sign the agreement Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule Work Session Other/Comments: 2017-0978 WDOS INTERGOVERNMENTAL MUTUAL AID AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , 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 1950 O Street, Greeley, Colorado, 80631, hereinafter referred to as "Sheriffs 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 2875 10th Street, Greeley, Colorado, 80634, 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, the Sheriffs 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, Section27-7-104, 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: CALLS FOR POLICE SERVICE a. All calls for police service which are received by the Sheriffs 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 1 0.2o/7 --o971 limits of Greeley in the jurisdiction of 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. i. Requests for assistance will normally be made through the Weld County Regional Communications Center, although other arrangements may be made as appropriate to the incident. ii. 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. iii. The amount of aid available to the requesting agency will be dependent 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 personnel, equipment, and facilities 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 Sheriffs Office at the time of an emergency request, the remainder of the Sheriffs Office's personnel, equipment, and facilities will be available to the Greeley Police Department. 2 iv. Personnel responding to a call for assistance will report to the highest ranking officer from the requesting agency at the scene of the incident. v. 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. vi. If a call for assistance from the Sheriffs Office appears to require the activation of the Greeley Police Department SWAT Team, the decision to activate SWAT will be made by the on -duty Greeley Police Department watch commander who will follow the established Greeley Police Department SWAT call out procedure. During any activation of the Greeley SWAT Team, its members will follow the written guidelines of the Greeley Police Department, and be under the immediate command of the SWAT supervisor on scene who will make decisions regarding SWAT deployment and tactics, negotiation strategy, and the use of chemical agents. The SWAT supervisor will advise and consult with the on scene Weld County Sheriffs Office supervisor regarding SWAT 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 Department SWAT Team. If Greeley SWAT 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. vii. If a call for assistance from the Greeley Police Department appears to require the activation of the Weld County Sheriff's Office SWAT Team, the decision to activate SWAT will be made by the on -duty Weld County Sheriff's Office watch commander who will follow the established Weld County Sheriff's Office SWAT call out procedure. During the activation of the Weld County Sheriff's Office SWAT Team, its members will follow the written guidelines of the Weld County Sheriff's Office, and be under the immediate command of the 3 SWAT supervisor on scene who will make decisions regarding SWAT deployment and tactics, negotiation strategy, and the use of chemical agents. The SWAT supervisor will advise and consult with the on scene Greeley Police Department supervisor regarding SWAT operations in advance whenever possible. In compliance with Sections 29-5-103 and 104, C.R.S., the Greeley chief of police or his designee on scene will maintain overall command authority over the supervisor of the Weld County Sheriff's Office SWAT Team. viii. If a call for assistance from the Greeley Police involves the activation of the Sheriff's Canine Team or the 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 Sheriffs Mounted Posse. ix. The Sheriffs 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. x. 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. xi. Per Sections 29-5-103 and 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. xii. If necessary, 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. xiii. 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 4 a. Cases initiated by either agency which require subsequent investigation within the jurisdiction of the other agency will be retained by the initial agency. i. 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 Sheriffs Office if such assistance is appropriate. ii. It will be the policy of the Greeley Police Department including members of the Weld County Drug Task Force, to notify the Sheriffs 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. iii. The routine service of civil process and civil warrants by members of the Sheriffs 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 Sheriffs 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. i. The Sheriffs Office will provide the Greeley Police Department with information that may reasonably be expected to impact the City. ii. The Greeley Police Department will provide the Sheriffs Office with information that may reasonably be expected to impact the jurisdiction of the Sheriff. iii. 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. VI. 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. 5 SIGNED this " day of ATTEST: WELD COUNTY CLERK TO THE BOARD By Deputy lerk to the B 6 ,20/7. APPROVED AS TO SUBSTANCE AND AS TO ORM: Steve Reams, Weld County Sheriff COUNTY OF WELD, by and through the Board of County Commissioners of Weld County, by and on behalf of the WELD COUNTY SHERRIFF'S OFFICE By; Julie Cozad, Chair; APR 0 5 2017 020i7 (2971 CITY OF GREELEY, COLORADO, by and through the Greeley City Council, by and on behalf of the GREELEY POLICE DEPARTMENT By Torn Norton: Mayor APPROVED AS TO ORM Dbug Marek, Greeley City Attorney JerGarner, C ief of Police APPROVE S 0 SUBSTA E: Roy Ot City M. . ger AVAILABILITY OF FUNDS: Victoria Runkle, Finance Director r ,2,0i7-oy7/ Hello