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HomeMy WebLinkAbout 14-34 Approving a MOU with Colorado Mounted RangersRESOLUTION NO. 1 4' A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COLORADO MOUNTED RANGERS/COLORADO RANGERS WHEREAS, the Colorado Mounted Rangers/Colorado Rangers (the "Rangers") are a statutorily authorized statewide law enforcement auxiliary assisting law enforcement agencies across Colorado; and WHEREAS, pursuant to state law, including but not limited to, C.R.S. § 24-33.5-822, local governments may enter into memoranda of understanding with the Rangers concerning the provision of assistance by the Rangers to local governments; and WHEREAS, a Memorandum of Understanding ("MOU") has been proposed between the Town and the Rangers pursuant to which the Rangers will provide auxiliary support to the Firestone Police Department; and WHEREAS, the Board of Trustees finds that such MOU 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 ("MOU") between the Colorado Mounted Rangers/Colorado Rangers and the Town of Firestone is hereby approved in essentially the same form as the copy of such MOU accompanying this Resolution. Section 2. The Mayor is hereby authorized to execute the MOU on behalf of the Town, and is further authorized to negotiate and approve on behalf of the Town such revisions to the MOU as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the MOU are not altered. Section 3. The Mayor, Chief of Police and Town Staff are further authorized to do all things necessa%ry on behalf of the Town to perform the obligations of the Town under the MOU and to execute and deliver any and all documents necessary to effect the provisions thereof. INTRODUCED, READ, and ADOPTED this � day of ��(,�� , 2014. TOWN OF FIRESTONE, COLORADO TOWN 4 ��+ a© Paul Sorensen, Mayor NTY, 0� . 1 ATTEST: Town Clerk 2 BETWEEN MEMORANDUM OF UNDERSTANDING ("MOU") AND ("GOVERNMENTAL ENTITY") THE COLORADO MOUNTED RANGERS/COLORADO RANGERS ("RANGERS") WITNESSETH THAT: WHEREAS, establishment of an MOU will serve a public purpose and will promote the safety, security, and general welfare of the inhabitants of the Governmental Entity; and WHEREAS, it is in the best interest of the Governmental Entity that it may have service of and from the Colorado Mounted Rangers to assist it in augmentation of its law enforcement and other services when requested, joint training assistance, reacting to disasters and emergencies and any other purpose as required; and WHEREAS, other jurisdictions who have similar resource requirements may in the future desire to be included in this agreement; and WHEREAS, it is in the best interests of each of the parties to have access to emergency resources to supplement their own resources during an emergency; and NOW THEREFORE, IT IS MUTUALLY AGREED by and between each of the signatory parties as follows: THIS MOU is entered into and is effective upon the dates of execution by the parties as indicated below between Governmental Entity whose address is and the Colorado Mounted Rangers/Colorado Rangers (hereafter referred to as "Rangers"). I. PURPOSE: The Rangers, a statutorily designated law enforcement auxiliary, provide auxiliary support to law enforcement agencies throughout the state of Colorado pursuant to C.R.S. 24-33.5-822 (Public Safety) acting in an augmentation capacity by providing volunteer, unpaid, uniformed, trained personnel and associated resources necessary for any purpose as required by the Governmental Entity as well as assistance in regional emergencies and disasters, and public and private community events. Pursuant to C.R.S. 24-33.5-822 et. seq. (Public Safety), Rangers serve the requesting Governmental Entity as unpaid Peace Officers only while on duty and on behalf of said Governmental Entity. II. AUTHORITY AND SCOPE: The authority for this MOU is derived from Colorado Revised Statues C.R.S. 24-33.5-822 et. seq. (Public Safety), and shall be governed by all of its provisions. It shall not exceed the scope and authorities defined in C.R.S. 24-33.5-822 et. seq. (Public Safety — Rangers serve the requesting Governmental Entity as unpaid Peace Officers while on duty), C.R.S. 16-3-201 (Arrest by a private person), 16-3-202 (Assisting peace officer - arrest - furnishing information — immunity), and 1&19-110 (Authority of arresting officer). In addition to the aforementioned statutes, which govern this MOU, each of the respective parties has independent and individual authority to enter into this Agreement. III. RESPONSIBILITIES: A. Rangers: Shall augment sworn peace officers from the Governmental Entity with the following services: L Uniformed trained volunteer personnel and associated resources necessary to provide law enforcement augmentation (Peace Officer) services as required and for any purpose including, but not limited to, regional emergencies and disasters; for public and private venues and/or events and day-to-day augmentation supporting the Governmental Entity's full-time and reserve officers. 2. Provide, [Chief/SheriffJ, or his/her designee, with a list of contact personnel to support short notice/no-notice alerts and response requests. If the Rangers are unable to provide the requested services, the Rangers shall so advise the appropriate Governmental official to discuss alternative options. 3. The Rangers are subject to, and shall comply with all requirements and provisions of C.R.S. 24-33.5-822, 16-3-2015 16-3-202, and 1649410. 4. While providing services, the Rangers shall carry out lawful directions from peace officers with the Governmental Entity and designated government representatives. 5. This agreement is between the Rangers and the Governmental Entity and shall not be transferred or otherwise reassigned or reissued without prior consent of both parties. B. Governmental Entity: 1. Shall provide the Rangers when possible, with sufficient time to respond to requests for assistance as required, in a safe manner. 2. Shall be subject to the provisions of C.R.S. 24-33.5-822(Public Safety) when activating the Rangers for assistance. 3. Shall authorize the access to any radio communication talk groups on the Digital Trunked Radio System (DTRS) to support radio communication interoperability between the Governmental Entity and the Rangers for public and personnel safety when the Rangers are activated. IV. ENFORCEMENT: It is expressly understood and agreed that enforcement of the terms and conditions of the Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named Governmental Entity hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person to such Agreement. It is the express intention of the named Governmental Entity that any person other than the named Governmental Entity receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. V. AMENDMENTS AND TERMINATION: A. Amendments to this Agreement may be made only in writing between the Governmental Entity and the Rangers. Such consent shall become effective upon its receipt in writing at the depository cited below in Article VI. �a B. Any party hereto may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the signature depository provided below. VI. EXECUTION: This Agreement shall be executed by each party on a separate signature page. Original signature pages will be held by the Colorado Department of Public Safety — Division of Homeland Security and Emergency Management (DHSEM) or its successor agency, at its offices at 9195 East Mineral Avenue, Suite 200, Centennial, Colorado 80112 or at such other place as DHSEM shall determine. Copies of signature pages shall be provided and certified by DHSEM to each party and/or jurisdiction, and such copies shall have the Rill force and effect as if they were originals. DHSEM shall provide timely notice to all parties and/or jurisdictions of any additions to and withdrawals of parties and/or jurisdictions, as well as timely notice of the effective date of any amendment to this Agreement. As outlined in the foregoing Intergovernmental Agreement, the below designated jurisdiction executes this Agreement on the most recent date indicated below. GOVERNMENTAL ENTITY NAME: By: Title Date: COLORADO MOUNTED RANGERS: By: Title: Col. Robert P. DeVeea. Colorado Mounted Date: �1 Application for Enrollment on the Qualified Volunteer Organization List Pursuant to C.R.S. 24-33.5-823 I hereby certify that I am (check as applicable): ( )County Sheriff of ( )Director of Police the State of Colorado. ( ) Authorized to sign for the ( )Director of Colorado State Agency. County, Colorado. for a Local Government Jurisdiction of Colorado. In my official capacity, I am nominating the below Organization for inclusion on the Qualified Volunteer Organization List maintained by the Department of Local Affairs pursuant to C.R.S. 24-33.5- 823 I also certify I have developed and entered into a Memorandum of Understanding as cited at C.R.S. 24- 33.5-822, or that this jurisdiction and the nominated Organization have both entered into the Colorado MOU on Emergency Management and agreed to use that Agreement for purposes of C.R.S. 24-33.5-822 and C.R.S. 24-33.5423. Colorado Mounted Randers /Colorado Rangers (Organization Nominated) I request that the above Organization be added to the list of qualified volunteer organizations maintained by the Colorado Department of Local Affairs. E Date (When completed, please EMAIL a signed copy to Maj Ronald Abramson —Office of Professional Standards at RanQer298na,ColoradoRanger.org) After the Qualified Volunteer Organization signs this MOU, a copy will be returned to your Agency and will be filed by CMR with the Colorado Department of Public Safety —Division of Homeland Security and Emergency Management (DHSEM), 9I95 East Mineral Avenue, Suite 200, Centennial, Colorado 80112 fax: 720-852-6750. Ej