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HomeMy WebLinkAbout08797ORDINANCE NO. 8797 AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN PUEBLO COUNTY SHERIFF’S OFFICE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept the MOU between the Board of County Commissioners of Pueblo County, the Sheriff of Pueblo County, and the City of Pueblo; and WHEREAS, acceptance of the MOU for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding, dated November 10, 2014, between the Pueblo County Sheriff’s Office and the City of Pueblo, a Municipal Corporation, relating to the operation of a joint Bomb Squad, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Memorandum of Understanding on behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: November 10, 2014 BY: Chris Nicoll PASSED AND APPROVED: November 24, 2014 City Clerk’s Office Item # R-7 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: November 10, 2014 TO: Vice President Ami Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Luis Velez – Police Department SUBJECT: AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN PUEBLO COUNTY SHERIFF’SOFFICE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TOEXECUTE SAME SUMMARY: Whether to approve the Memorandum of Understanding relating to the continuation of a joint Bomb Squad between the Pueblo County Sheriff's Office and the Pueblo Police Department. PREVIOUS COUNCIL ACTION: Previous MOUs of this nature have routinely been approved each time. BACKGROUND: The mutual agreement concept, which utilizes an interagency approach involving the two primary law enforcement agencies, the Pueblo County Sheriff's Office and the Pueblo Police Department, is necessary for the public safety of the citizens of Pueblo, and to provide for an appropriate and timely response to incidents involving the identification, deactivation, and disposal of explosive and hazardous devices. The continuation of a joint Bomb Squad will continue to provide the highest level of service to the community of Pueblo. FINANCIAL IMPLICATIONS: Administration of this MOU will require staff time within the Police Department to work cooperatively with the Pueblo County Sheriff’s Office. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this MOU. ALTERNATIVES: Decline the opportunity to work together, hindering service to our citizens. RECOMMENDATION: Approval of the Ordinance. Attachments: MOU Concerning Pueblo Bomb Squad 2. The Pueblo Bomb Squad shall operate under the management and supervision of the Police Chief and under the direct command of the Bomb Squad Commander who shall be a City police officer holding a rank of Sergeant, Captain or Deputy Police Chief who is certified as a Hazardous Devices Technician and has been appointed by the Police Chief-. The Bomb Squad Commander will maintain records pertaining to the Pueblo Bomb Squad which shall include reference documents, training materials, schedules of personnel serving on the Pueblo Bomb Squad, and qualifications and certifications of all personnel assigned by the Chief or Sheriff to Pueblo Bomb Squad service. 3. The Pueblo Bomb Squad will be staffed with those certified peace officers employed by the City who are assigned by the Police Chief and certified peace officers employed by the County who are assigned by the Sheriff. All peace officers who participate in the unit do so on an additional duty or part-time basis in addition to their regularly assigned other law enforcement duties. Personnel serving in the Pueblo Bomb Squad will be activated for the investigation of incidents involving explosive devices, suspected explosives, suspicious and hazardous devices, for training and for periodic planning activities. All such personnel shall be certified as Hazardous Devices Technicians ("Technicians") and shall have successfully completed the Hazardous Devices Technician course conducted by the Federal Bureau of Investigation and the U.S. Army Ordnance Command at Redstone Arsenal, Alabama, and obtain periodic recertification. Any peace officer employed by a Party who wishes to become certified as a Technician must be both approved by the Chief or Sheriff, as applicable, and by the Bomb Squad Commander. 4. City and Sheriff may, in the sole discretion of each, detail equipment and supplies for the use and operation of the Pueblo Bomb Squad. All such equipment and supplies shall remain the property of the Party providing same. All equipment obtained through joint grants to City and County/Sheriff will be titled to the City, housed at Pueblo Police Department facilities and will be available for use by any Technician assigned to the Pueblo Bomb Squad upon approval of the Bomb Squad Commander. 5. The Pueblo Bomb Squad shall operate and provide services only within the geographic boundaries of the City of Pueblo and throughout Pueblo County, except in cases of emergency where (a) extraterritorial service beyond Pueblo Country has previously been authorized by a current mutual aid agreement entered into by the City or County, or(b) the service for the particular emergency is approved by the Pueblo Chief of Police and the Pueblo County Sheriff. Assignment of duties and call outs will be made by the Bomb Squad Commander or his designee. It will be the policy of the Pueblo Bomb Squad to respond three certified technicians on all call outs. The callout shall be a joint response of technicians from both agencies unless manpower restrictions prevent such a response. Each Party will be responsible for the compensation and benefits of its own employees. 6. In responding to an explosives/hazardous device incident, the on-scene —2— commander of the Party with primary response duties shall remain as the scene commander, provided, however, that the Commander of the Pueblo Bomb Squad or his designee, or if neither is present, the ranking member of the Pueblo Bomb Squad, shall determine the tactical and methodology of handling and disposal of any explosive or hazardous device. Pueblo Bomb Squad members shall not withdraw from an incident scene until and unless released by the Commander or his designee present on site. 7. Each Party waives all claims against the other Party for compensation for any loss, property damage, bodily injury, or death occurring as a direct or indirect consequence of the performance or non-performance of this MOU. 8. Each Party will, at all times, be responsible for its own costs incurred in the performance of this MOU and shall not receive reimbursement from the other Party. 9. Either Party hereto may terminate this MOU upon ninety (90) days advance written notice to the other Party. 10. Nothing in this MOU is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq. 11. All modifications to this MOU shall be made in writing and shall become effective only upon approval of City Council by resolution, approval of the Board of County Commissioners by resolution, and written approval of the Sheriff. No act or omission of any employee of the City or of the County shall constitute a waiver or modification of any term or this MOU, nor stop either Party from asserting or enforcing any term hereof. 12. Except as specifically provided herein, nothing in this MOU shall be deemed to delegate or be construed as the delegation or assignment of power or authority of any Party to another Party. This MOU is expressly made subject to appropriation of funds by the City Council and by the Board of County Commissioners. 13. Nothing contained herein shall authorize any City employee to contract for materials or services on behalf of City unless such authorization has been expressly granted by the City Council of City, or unless the expenditure is one permitted by virtue of a duly adopted budget and is actually made by a person authorized to make such expenditures. 14. All personnel and equipment provided by the Parties pursuant to the provisions of this MOU shall be covered only by the liability, damage, workers' compensation and/or other insurance coverage, if any, of the Party providing same, and such personnel shall, while engaged in the performance of services under this MOU, retain all rights, privileges and immunity of, and —3— be deemed to be engaged in the service and employment of the Party regularly employing such personnel. 15. Unless sooner terminated, the initial term of this MOU shall be from the date of its approval by the City Council, execution by the Sheriff or approval by the Board of County Commissioners, whichever occurs last, until December 31, 2019. Thereafter, this MOU shall automatically renew for an additional five year term unless either party provides the other with written notice of its intent not to renew this MOU at least ninety (90) days prior to the expiration of the initial term. 16. This MOU shall be construed in accordance with the laws of the State of Colorado. 17. The persons signing this Agreement on behalf of each Party represent and warrant that such persons and their respective Party have the requisite power and authority to enter into, execute and deliver this MOU and that this MOU is a valid and legally binding obligation of such Party enforceable against it in accordance with its terms. WHEREOF, the duly authorized representatives of each of the Parties hereto have executed this instrument the date and year first above written. ATTEST: CITY OF PUEBLO, A MUNICIPA . CORPORATION Ci lerk APPROVED AS TO FORM: 'resiten of the City Council City Attorney ATTEST: COUNTPUEBLO IklaaaLyGllbert Ortiz, •ounty Clerk Chairman,``Terry A .Hart Board of County Commissioners PUEBLO POLICE CHIEF SHERIFF OF PUEBLO COUNTY Luis_Velez; Cliief of Poll e Kirk M. T. 6r, Sheriff —4—