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HomeMy WebLinkAbout08108ORDINANCE NO. 8108 AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO COUNTY SHERIFF'S OFFICE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The Memorandum of Understanding, dated November 23, 2009, 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. INTRODUCED: November 9, 2009 BY: Judy Weaver COUNCIL PERSON �. PRESIDENTaf Cfty Council A7°7FSTFD DY: CITY CLERK PASSED AND APPROVED: November 23, 2009 M " e Background Paper for Proposed ORDINANCE AGENDA ITEM # R -6 DATE: November 9. 2009 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO COUNTY SHERIFF'S OFFICE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Whether to approve the Memorandum of Understanding relating to continuation of a joint Bomb Squad between the Pueblo County Sheriff's Office and the Pueblo Police Department. RECOMMENDATION The department recommends approval of this ordinance. 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 joint Bomb Squad allows the Pueblo County Sheriff's office to have certified technicians able to respond to such incidents in the County of Pueblo. The joint Bomb Squad will also aid in the endeavor to receive homeland security funding to purchase equipment for the bomb squad. FINANCIAL IMPACT There is no financial cost to the City. MEMORANDUM OF UNDERSTANDING CONCERNING PUEBLO BOMB SQUAD THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is entered into this 23rd day of November, 2009 by and between the Board of County Commissioners of Pueblo County, Colorado ( "Board") and the Sheriff of Pueblo County ( "Sheriff'), which may collectively be referred to as the "County ", and Pueblo, a Municipal Corporation (the "City "). Board, Sheriff and City may each be referred to herein as a "Party" or collectively as the "Parties ". 1 WHEREAS, pursuant to Article XX of the Colorado Constitution and Article X of the Pueblo Charter, City has established a Police Department to provide for public safety for persons and property within the City of Pueblo, and has directed the City's Chief of Police ("Police Chief') to assign all members of the Police Department to their respective posts, details and duties; and WHEREAS, the Police Chief has assigned duties to members of the Police Department (who have volunteered to perform such duties) involving the identification, deactivation and disposal of explosive and hazardous devices as a unit of the Police Department known as the Bomb Squad; and WHEREAS, the Sheriff desires to have Sheriffs Officers trained in identification, deactivation and disposal of explosive and hazardous devises, and to participate in a jointly conducted Bomb Squad with the City Police Department; and WHEREAS, it is and will be to the mutual benefit of City and County, and the residents of each, to cooperate in operating a joint Bomb Squad under the general direction and supervision of City's Police Department; and WHEREAS, the Parties are empowered by C.R.S. §29 -1 -203 to enter into this intergovernmental Memorandum of Understanding for the purpose of setting forth the manner in which the parties intend to cooperate; NOW THEREFORE, in consideration of the foregoing recitals and the provisions, terms and conditions set forth herein below, the parties enter into this MOU concerning the operation of the Pueblo Bomb Squad. TERMS AND CONDITIONS 1. This MOU is entered into pursuant to the authority of §29 -1 -203, C.R.S. and each Party warrants that it has independent legal authority to provide the function, service or facility which is contemplated within and the subject of this MOU 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 and (b) the service for the particular emergency is approved by both the City Manager of City and the 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 with two 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 commander of the Party with primary response duties shall remain as the scene commander, —2— 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 Parry 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 Parry 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 be deemed to be engaged in the service and employment of the Party regularly employing such —3— personnel. 15. Unless sooner terminated, the 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, 2014; provided, however, that notwithstanding the term of this agreement, for any fiscal year after the year in which this Agreement is executed, no party shall be obligated to carry out its respective responsibilities under this Agreement until and unless the fund necessary to carry out such obligations has been duly appropriated by the legislative body of such party for each subsequent year during the term of this Agreement. 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 ik APPROVED AS TO FORM: CITY OF PUEBLO, A MUNICIPAL CORPORATION By ' l m President of the City CouKeil City Attorney Secretary COUNTY OF PUEBLO By CGSQAXAJ�T F. Chnsrnr Chairman, Board of County Commissioners SHERIF.F_OF PtJEBLO COUNTY Kirk M. Tayl , heriff —4—