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
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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
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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
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