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Home My WebLink About20152174.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR EXPLOSIVE ORDINANCE AND DISPOSAL TEAMS AND AUTHORIZE CHAIR TO SIGN - 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 Explosive Ordinance and Disposal Teams between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff Office, and Greeley Police Department, commencing June 20, 2015, and ending one (1) month beyond the ending term of office of signatory Sheriff, 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 Explosive Ordinance and Disposal Teams between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff Office, and 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 20th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ((�� nt-ty,__A-- ATTEST:C1,dGi v• . Lp � Barbara Kirkmeyer Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern BY:l /214)a)uty Clerk to i e Board �►� C l�,/�%ean P. Conway C. /124.1.,/,/ O677 APPRO G ISM I( ;i u ie A. Cozad �✓ / / , �::_ ter- . o At :rney � / °U. teve Moreno Date of signature: ()3 CCSD( Y 2015-2174 B�i7 SO0036 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: 2015 WELD GREELEY BOMB TEAM MOU DEPARTMENT: Weld County Sheriff's Office DATE: 07/06/15 PERSON REQUESTING: Captain Alan Caldwell Brief description of the problem/issue: The previous bomb team MOU is being updated to reflect the signature of the current Sheriff. The document requires the signature from the BOCC chairperson. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Approve the document: This will allow WCSO to continue participation in the regional bomb team. WCSO currently has two bomb technicians in the regional bomb team. The regional team is managed by the Greeley Police Department. WCSO and Greeley have been partners in the bomb team for many years. 2. Not approve the document: This will prevent participation of WCSO personnel in the regional bomb team. The efficiency of the bomb team would be severely degraded without WCSO participation. Bomb technicians must undergo substantial training in multiple disciplines to be certified. 3. Request a revision of the terms contained in the document. Recommendation: Approve the document. Approve Schedule Recommend tion Work Session Other/Comments: Barbara Kirkmeyer,Chair 6the Mike Freeman me Sean P.Conway _4 Julie Cozad CAP."'" Steve Moreno ,e/"t 2015-2174 June 25, 2015 Steve: Enclosed please find two originals of the Bomb Squad Agreement. All of the required City officials have signed. When you and the requisite County folks have signed I would appreciate it if you would send me back one of the signed originals. Thanks much. Jerry Garner f Exhibit A Memorandum of Understanding Weld County Sheriff's Office and Greeley Police Department EOD Operations This Memorandum of Understanding(MOU) is entered into by and between the Weld County Sheriffs 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 (hereafter"EOD"), and utilize the combined EOD Team 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 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 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 an EOD Team 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 EOD operations. 3. All requests for activation of EOD under the terms of this MOU shall be made by the duly elected Weld County Sheriff, or his designee, or the duly appointed Chief of Greeley Police or his designee. a. EOD activations may be made for,but are not limited to, large scale high risk incidents, prolonged operations or any operation with expansive dynamics that require specialized explosive ordinance knowledge and device expertise. 4. During an incident, the Sheriff and Chief shall designate Incident Commanders from within their respective agencies. 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 EOD Team Commander. 5. In the event another jurisdiction/agency requests the utilization of the EOD Team outside of the jurisdictional boundaries of the Greeley Police Department and Weld County Sheriffs Office, the Sheriff, or his designee, the Chief, or his designee, may authorize the EOD Team activation. 6. The Sheriff and Chief shall appoint an EOD Team Commander to administer and supervise EOD operations. The EOD Commander is responsible for implementing an operational plan for each activation, the management of tactics,personnel deployment and equipment usage. 7. Temporary assignment of a certified officer to the EOD Team from one jurisdiction to another pursuant to this MOU shall be only for performance of temporary duties relating to EOD 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 EOD Team Commander. 10. EOD 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 EOD Team operator(s) as a result of a cooperative effort as it may pertain to the MOU shall be investigated by the agency having primary jurisdiction over the scene. All incidents involving the shooting of a subject, whether intentional or accidental, shall be investigated by the Weld County Sheriff's Office or Greeley Police Department. 12. The cost for equipment, training and resources for each certified officer assigned to the EOD Team shall be the responsibility of the officer's home agency. All equipment provided to the EOD Team 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 an EOD operation. 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. 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 CO TY SHERIFF'S OFFICE By: Date: -7- . - 1 5 Weld County Sheriff, Steve Reams GREE POLICE P TMENT By: Date: c (2:31( s G eley ief of olice, Jerry Garner THE CITY OF GREELEY, COLORADO By: „Iegir a ^ . Norton, Mayor • • - • ).1'Sii Roy Otto' y 71.!ger Approved as to Legal Form: By: tii4a4 ity Attorney Approved as to Availability of Funds: By: )64-- Director of Fi ance MEMORANDUM OF UNDERSTANDING RE: BOMB SQUAD-CITY OF GREELEY ATTEST: d/� '€1 BOARD OF COUNTY COMMISSIONERS Weld o nt Clerk to the =oard WELD COUNTY, C LORADO BY: ■eputy C =rk to the Bo •�� }mil � � Barbara Kirkme r, Chair Jui 2 a 2015 1S61 t AP 'OVED AS T• F G "��PPRO ED AS T UBSTANCE: Controller Elected Official or Depa4ment Head APPROVED AS TO FORM: I A" Director of General Services County Attorney THE CITY OF GREELEY, COLORADO RESOLUTION 23 , 2015 A RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN WELD COUNTY SHERIFF'S OFFICE AND GREELEY POLICE DEPARTMENT 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. 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, the Sheriff and the Chief desire to execute an agreement to allow each respective agency's EOD Teams to combine and form an EOD Team in accordance with each agency's Policy and Procedures; and WHEREAS, it is in the best interest of the citizens of the City of Greeley for Council to enter into this Agreement. 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 entitled "Memorandum of Understanding Weld County Sheriffs Office and Greeley Police Department EOD 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, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 22nd day of June , 2015. • THE CITY OF GREELEY, COLORADO `fir Rqr�► �' Mayor et o Hello