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HomeMy WebLinkAbout 14-08 Approving a MOU Concerning SWATRESOLUTION NO. 14-M A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING THE ESTABLISHEMENT OF A SPECIAL WEAPONS AND TACTICS TEAM (SWAT) WHEREAS, there has been proposed a Memorandum of Understanding ("Agreement") between the Weld County Sheriff's Office and the Town of Firestone to provide for the creation of an intergovernmental Special Weapons and Tactics Team (SWAT), which would be available to respond to certain kinds of emergencies or unexpected situations that might be better service by some type of specialized operation rather than response under conventional operations; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interest of the Town and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Understanding between the Weld County Sheriff's Office and the Town of Firestone Concerning the Establishment of a Special Weapons and Tactics Team (SWAT) ("Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revision to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as he essential terms and conditions of the Agreement are not altered. SectionTown's funding and staffing of the Special Weapons and Tactics Team (SWAT) is subject to such budgetary and appropriations measures as are required by state law. PASSED AND ADOPTED THIS _�� DAY OF .pib�' �\��S r®� TOWN OF FIRESTONE, COLORADO M< riRAL f io8 Chad Auer, Mayor ®hT ATTEST: ®� *r C®�' Town Clerk 1 MEMORANDUM OF UNDERSTANDING CONCERNING THE ESTABLISHMENT OF A SPECIAL WEAPONS AND TACTICS TEAM The Weld County Sheriff's Office, whose address is 1950 "O" Street, Greeley, CO 80631 ('WCSO"), and theTown of Firestone (the "Town") hereby enter into this Memorandum of Understanding (hereinafter sometimes referred to as "MOU"), and agree as follows: 1. The parties agree that each agency and the citizens in each jurisdiction over which that agency has authority would benefit from the creation of an intergovernmental Weld County Special Weapons and Tactics (SWAT) team which would be available to respond to certain kinds of emergencies or unexpected situations that might better be served by some type of specialized operation rather than organized under conventional operations. The Weld County SWAT team is comprised of a tactical element and a crisis negotiations element. Overview 2. The Weld County SWAT team shall have the authority and the mission to provide a professionally trained unit designed to be utilized for a wide variety of critical incidents that occur within the boundaries of Weld County. The Weld County SWAT team shall be composed of officers assigned from participating agencies who shall assemble as the need arises to respond to certain types of emergencies or unexpected situations that require specialized skills or training. 3. This MOU shall become effective upon execution by the governing boards of each respective party to this MOU and shall remain in effect for one year, with an automatic renewal from year to year unless sooner terminated as provided herein. This MOU may be terminated at any time by either party giving the other party 60 days written notice of intent to terminate. Staffing 4. WCSO will assign fourteen (14) deputies to the tactical element and six (6) deputies to the crisis negotiations element of the Weld County SWAT team. WCSO will also assign one (1) commander to serve as overall team commander, or an acting team commander if the team commander is absent. 5. Each agency other than WCSO will assign two (2) officers to the Weld County SWAT team, unless otherwise agreed. The number of officers assigned to the Weld County SWAT team may be modified upon notice and agreement by the other parties to this MOU. 6. The size and staffing of the Weld County SWAT team may be increased or decreased from time to time, including without limitation, utilization of law enforcement personnel 1 from other jurisdictions as may be necessary and appropriate, based upon increased or decreased needs of the citizens and agencies in Weld County, Colorado. 7. The officers involved in this program are each full-time employees of their respective agencies. Participation in this program is voluntary and each individual officer remains an employee of the agency assigning the officer to the Weld County SWAT team, and is at all times compensated and entitled to benefits provided by the officer's assigning agency during any participation in the Weld County SWAT team program. 8. The Sheriff may commission as a Deputy Sheriff any full time employee from a participating agency that participates in the Weld County SWAT team. The authority of such commission is limited to activities in which the appointee is acting as member of the Weld County SWAT team. 9. Selection and dismissal of officers to and from the Weld County SWAT team will follow the provisions outlined in the Weld County Sheriff s Office Procedure Manual (SWAT team selection process/removal process). Each participating agency retains the right to make changes in the officers assigned by it to the Weld County SWAT team at any time, including the number of officers assigned. 10. There will be one team Commander of the Weld County SWAT team who will be assigned by the Weld County Sheriffs Office (WCSO). The Team Commander will be responsible for the overall supervision, training, assignments, callouts, and equipment purchases and replacements for the Weld County SWAT team. Activation 11. The supervisor of any agency may request a Weld County SWAT team activation within its jurisdictional boundaries by contacting the Team Commander through the Weld County Regional Communications Center or on duty Weld County Patrol Supervisor. 12. The Team Commander will contact the supervisor of the requesting agency and assess the situation. The Team Commander will seek authorization from the Weld County Sheriff or his designee unless exigent circumstances exist. 13. Activation will follow standard procedures once the Team Commander receives authorization. Operations 14. The Team Commander reports directly to the Incident Commander, where one has been designated, or to the on -scene supervisor. The SWAT Team Commander is subordinate to the Incident Commander only in terms of when and if the tactical option will be initiated, not how it will be performed. 2 15. The Team Commander will be in charge of field direction and supervision of tactical and crisis negotiation operations of the Weld County SWAT team during call outs. The Team Commander shall continue to be in charge of tactical and crisis negotiations operations until the scene has been rendered safe and released to local authorities. No other person who is not in a leadership position within the Weld County SWAT team will attempt to direct, supervise or control any element or member of the SWAT team. 16. The assigning agency at all times has complete discretion to determine whether or not any particular officer from that agency may respond to a callout. Each officer responding to a Weld County SWAT team callout shall have the proper communication equipment with the ability to communicate on the radio frequency utilized by the team. 17. The parties acknowledge and agree that when the designated officers respond to a callout, the designated officers shall remain at the scene until released by the Team Commander and shall not be recalled by the relevant agency for a response within the agency's boundaries until such officer is properly released from the callout. 18. After the scene has been rendered safe, the scene shall be released to the agency with jurisdiction, and such agency will be responsible for processing the scene. The Weld County SWAT team members will assist the agency's processing of the crime scene when requested and to the extent possible. 19. To the extent possible, all Weld County SWAT team activities will be joint activities, with no agency acting independently from other agencies, and all designated officers from each agency will act under the direction of the Team Commander, 20. Officers designated to participate in the Weld County SWAT team shall be evaluated while in their SWAT assignment, with the evaluations forwarded to the respective agency/employer's department head upon request. 21. Weld County SWAT team reports shall be prepared in Weld County Sheriff's Office format. 22. The performance of the Weld County SWAT team will be evaluated on an annual basis by the participating agencies. The WCSO shall prepare an annual summary report to be presented to the Weld County SWAT team participating agencies by the last business day of February. Such report shall provide an overview of the Weld County SWAT team activities for the previous year, including total for number of callouts and outcomes and any other pertinent information that may be useful to participating members. Any department head of an agency participating in the Weld County SWAT team may request a meeting with the Weld County Sheriff to address any issue related to the team. 23. Operational issues will be addressed and a good faith effort will be made to resolve any such issues by the participating agencies working together. It is the intent of the parties to this MOU that resolution of operational issues will first be attempted, and, if possible, 3 accomplished by the designated officers from each agency. If any operational issue has not been resolved within 30 days to each participating agency's satisfaction, the issue will be referred to the heads of the respective agencies for resolution. 24. The Weld County SWAT team shall operate county -wide in all unincorporated and incorporated areas within the County of Weld. 25. The Weld County SWAT team will operate under the policies and operating procedures of the Weld County Sheriffs Office only. Training 26. In order to function effectively in the Weld County SWAT team, each designated officer must have a working knowledge of SWAT, its tools and tactics. It is therefore mandatory that the officers designated to comprise the Weld County SWAT team train with the team on a regular basis, and must be trained to understand, among other things, mission objectives, tactics used, weapons, pyrotechnics, other devices likely to be employed, and communication policies and procedures. 27. Each designated officer must have completed specialized training in SWAT operations prior to being designated to the Weld County SWAT team by the designating agency. 28. The WCSO will be responsible for coordinating the scheduling of training of the Weld County SWAT team. It is anticipated that training will occur on a regular basis, approximately once every two weeks. The expense incurred by the designated officers for such training will be the responsibility of the designating agencies. Equipment Acquisition and Maintenance 29. Each agency shall provide its designated officers with required standard equipment and radio communication equipment in order to adequately perform the training and any callout duties. 30. Vehicles and general equipment previously allocated to the WCSO and upon the execution of this Agreement, being also made available for use by the Weld County SWAT team shall continue to be operationally administered in common with other vehicles and general equipment allocated to WCSO. 31. The WCSO will explore any possibilities for available grant funding for further equipment acquisition. Additional equipment acquisition that is not grant funded and which purchase is approved by the Weld County SWAT team member agencies prior to acquisition, will be assessed against each participating agency pro rata. 32. Weld County SWAT team equipment will be stored at such locations and for such length of time as determined by the WCSO. Weld County SWAT team equipment stored in Weld County facilities will be insured by Weld County; Weld County SWAT team equipment stored in other locations will be insured by the participating agency that holds title to the equipment. 33. At any time that the Weld County SWAT team deems it advisable, disbursement of some or of all assets of the team acquired either through grant funds or through agency contributions, shall occur in accordance with any and all grant provisions or shall be determined based upon contribution of each agency. 34. During an emergency the Weld County SWAT team may request for temporary assignment any necessary equipment from a participating agency. The participating agency may temporarily assign any necessary equipment it deems proper to the Weld County SWAT team (C.R.S. 29-5-103) Employment Status 35. Notwithstanding any term or condition contained in this MOU to the contrary, the parties acknowledge that any officer designated to the Weld County SWAT team by a particular agency is at all times an employee of that agency. All salaries, benefits and overtime of the designated officers assigned to Weld County SWAT team shall continue to be the responsibility of the designating agency, and not of the Weld County SWAT team or the Weld County Sheriff's Office. 36. The parties to this MOU intend that the relationship between them contemplated by this MOU is that of independent entities working in mutual cooperation. No employee, agent or servant of one party shall be or shall be deemed to be an employee, agent, or servant of another party to this MOU. 37. No employee assigned to the Weld County SWAT team shall lose seniority, benefits, opportunities for promotion or assignment change in their respective departments solely because of their assignment to the team. 38. The department heads of the respective agencies which are parties to this MOU retain sole authority to impose discipline on their respective employees designated and assigned to participate with the Weld County SWAT team. The respective agencies may, as needed, schedule any of their designated officers for training authorized by the department, taking into consideration the officer's needs, the agency's needs and the Weld County SWAT team's needs. Communications with the Media 39. Press releases and/or the release of information to the media concerning an event to which the SWAT team responds will be made by the agency in whose jurisdiction the event occurred in accordance with the releasing agency's media release policy. No other 5 information about said event shall be unilaterally released or provided to the media by any Weld County SWAT team member without prior approval by all other SWAT team members. No information pertaining to the Weld County SWAT team itself will be released to the media without prior approval of all SWAT team members. Liabili 40. Each party to this MOU shall maintain insurance or self-insurance adequate to protect such party from liability claims and demands that arise from the performance of duties pursuant to this MOU and to cover all operations by such party's personnel pursuant to this MOU. Each party shall be responsible for its own negligent acts and no party shall indemnify the other for claims, demands, or judgments arising from the acts or omissions of the other party. 41. The City of Greeley shall handle all requests for release of criminal justice records, including intelligence information and investigatory files associated with the Weld County SWAT team. 42. Each participating agency shall provide adequate worker's compensation insurance for each of its respective employees engaged in the performance of activities described in this MOU. 43. All other legal liability and any litigation arising from or out of the conduct or performance of officers assigned to and/or working with the Weld County SWAT team shall be the responsibility of that officer's respective agency; however, any officer acting under the specific orders of a superior officer of the Weld County SWAT team from an agency other than that of the officer, may create a shared liability with that other agency, all in accordance with and pursuant to applicable law. 44. The WCSO shall prepare an annual summary report to be presented to the Weld County SWAT team participating agencies by the last business day of February. Such report shall provide an overview of the Weld County SWAT team activities for the previous year, including total for number of callouts and outcomes and any other pertinent information that may be useful to participating members. Unless investigations and/or operations would be compromised and except as otherwise provided by the Colorado Open Records Act, section 24-72401, et.seq., C.R.S., all disclosures of the annual report are public record. 45. Only employees designated by the agencies participating in the Weld County SWAT team shall be authorized or permitted to operate any vehicle owned, leased, controlled and/or insured by the WCSO or Weld County, Colorado. In the event an employee of a participating agency other than the WCSO is involved in an accident while operating a WCSO Vehicle, and in the event it becomes necessary for the WCSO or Weld County to pay monies to any party for purposes of resisting, adjusting, satisfying or compromising any claim or demand arising out of such an accident, the involved employee's employing 0 agency shall become obligated to reimburse the WCSO or Weld County for such expenses, fees and/or costs within a reasonable time, in no event to exceed thirty (30) days, after receiving written notice from the WCSO or Weld County of the incurring of such expenses, fees or costs. However, as soon as it appears that there may be some liability for payment of damages on the part of WCSO or Weld County, the WCSO or Weld County, or both, must immediately involve a representative from the participating agency prior to negotiating any resolution that may result in liability on the part of the participating agency. 46. Other than those expenses that are otherwise referenced in this MOU, each party shall be responsible for its own respective costs and expenses of training and participating in Weld County SWAT team incidents. All involved agencies may jointly attempt to recover costs of operations when appropriate, through any form of restitution or other provision for such recovery available through federal, state or county funds, homeland security, hazardous materials incidents or other sources. If any recovery is obtained, the involved agencies shall distribute the recovered monies pro rata. General Provisions 47. This MOU contains the entire agreement and understanding between the parties to this MOU and supersedes any other agreements concerning the subject matter of this MOU, whether oral or written. No modification, amendment, novation, renewal or other alteration of or to this MOU shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by all parties hereto. 48. Nothing contained herein shall be construed as a waiver of any and all rights, limitations and protections afforded the parties by virtue of the Colorado Governmental Immunity Act, section 2440-101, et.seq., C.R.S. The parties specifically reserve unto themselves, their officers, employees and agents any and all defenses, rights, limitations and immunities provided by law. 49. Each agency's obligations to pay any sum of money under this MOU is subject to its appropriation of sufficient funds therefor. Nothing in this MOU shall be construed to require any party to this MOU to provide funding not previously budgeted and appropriated or create any multiple fiscal year obligation of any party. 50. It is expressly understood and agreed that enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity, other than the undersigned parties, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. 51. The parties agree to execute any additional documents and to take any additional action 7 necessary to carry out this MOU. 52. This MOU shall not be assigned or delegated. 53. Any notice required or permitted by this MOU shall be in writing and shall be deemed to have been successfully given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the US mail. 54. This MOU shall be governed by the laws of the State of Colorado. 55. This MOU may be executed in several counterparts and, as so executed, shall constitute one agreement, binding on all the parties even though all parties have not signed the same counterpart. Any counterpart of this MOU which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed document for all purposes. 56. If any provision of this MOU is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this MOU shall remain fully enforceable, and this MOU shall be interpreted in all respects as if such provisions were omitted. Town of Firestone Attest: Town Cleric Weld County Sheriff's Office Sheriff John Cooke Date Date