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HomeMy WebLinkAbout15- Joint Law Enforcement Cooperation Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING Between USDA FOREST SERVICE, NORTHERN REGION, LAW ENFORCEMENT AND INVESTIGATIONS and the BOZEMAN POLICE DEPARTMENT regarding JOINT LAW ENFORCEMENT COOPERATION WHEREAS, The City of Bozeman, Bozeman Police Department (City) is an authorized law enforcement agency consisting of sworn peace officers who have either completed the Montana State Law Enforcement Academy (or equivalent) or are working under the direct supervision of an officer who has completed this academy and are obligated by state and local law to enforce state laws and city ordinances within the corporate city limits; and WHEREAS, The Forest Service (Forest Service) is an authorized law enforcement agency consisting of certified officers or agents of USDA Forest Service Law Enforcement and Investigations or graduates of the LMPT program at the Federal Law Enforcement Training Center acting under the direct supervision of a certified Forest Service Field Training Officer and are obligated by federal law to enforce federal law; and WHEREAS, the ability to enter into a mutual assistance agreement is authorized under provisions of 16 USC, Sections 551a, 553, 559d (5) and 559g(c, Montana Code Annotated 44- 11-304 and Montana Code Annotated 44-11-305; and WHEREAS, often violations of both state and federal law involve officers and agents of both the City and Forest Service and assistance is needed for either party to provide that respective enforcement; and WHEREAS, both the City and Forest Service have specialty assigned and trained experts in handling and use of K9's for enforcement of laws and preservation of the peace; and AND WHEREAS, it is in the best interest to provide an agreement that allows these agencies to work together, particularly in regard to use of K9 deployments and that those guidelines are established, agreed upon and understood by the City and Forest Service, their officers and agents. NOW THEREFORE, the parties mutually agree as follows: Page 1 of 5 PURPOSE OF AGREEMENT: This agreement purpose provides a framework for the City and the Forest Service to cooperate in joint law enforcement activities and to further their mutual law enforcement interests. Both the Forest Service and the City have determined that where a specific agreed upon need for law enforcement assistance and investigative support has been identified or where initial law enforcement action for a violation in progress exists, it shall be beneficial, economical, advantageous, and in the best interest of the public for these two agencies to form a cooperative relationship. NON -FUND OBLIGATING DOCUMENT: This instrument is neither a fiscal nor a funds obligation document. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This instrument does not provide such authority. Specifically, this instrument does not establish authority for noncompetitive award to either party to this MOU of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. The Forest Service and the City shall independently determine the funding available for law enforcement operations during each Federal fiscal year or other time period, provided, however, that nothing in this MOU shall be construed as obligating the Forest Service or the City to expend or as involving the United States in any obligation for future payment of money in excess of appropriations authorized by law and administratively allocated for these purposes. Operational costs to a party associated with law enforcement actions done under this MOU shall be the responsibility of the party incurring the cost, including personnel costs, overtime, fuel, etc. unless otherwise mutually agreed upon by the Chief of Police or Special Agent in Charge. If any exchange of funds or equipment is anticipated, other agreements will be established to facilitate that exchange. PROVISION FOR ADMINISTERING AGREEMENT: This Agreement does not create a joint board for purposes of its administration. Such administration is under the authority of the Chief of the Bozeman Police Department and the Northern Region Special Agent in Charge for Law Enforcement for the Forest Service. Officers or agents of the parties cooperating on joint law enforcement activities shall consider the chain of command of the jurisdiction having authority over the specific law enforcement activity being conducted by both parties. Page 2 of 5 The principal contacts for this agreement are: Forest Service LEI Contacts Bozeman Police Department Contacts Laura J. Mark Rich McLane Special Agent in Charge Chief of Police Law Enforcement and Investigations Bozeman Police Department 200 East Broadway 615 South 16t Missoula, MT 59802 Bozeman, MT 59715 Phone: 303-275-5253 Phone: 406-582-2013 FAX: 303-275-5241 FAX: 406-582-2002 E -Mail: lmark(u�.,fs.fed.us E -Mail: rmclaneaa,bozeman.net Walter Merritt Captain Steve Crawford Patrol Commander Patrol Captain Phone: 406-329-3648 Bozeman Police Department FAX: 406-329-3591 615 South 16 E -Mail: w-merritt(Us.fed.us Bozeman, MT 59715 Phone: 406-582-2031 NATE CARD FAX: 406-682-2002 Patrol Captain E -Mail: scrawford(a,bozeman.net Southeast Zone LEI 3710 Fallon St., Suite C Bozeman, MT 59718 Phone: 406-551-3554 FAX: 406-522-2563 Email: ncard(a..fs.fed.us Forest Service Administrative Contact Cooperator Administrative Contact Trudi Olson 200 East Broadway Missoula, Montana 59807 E -Mail: toloson0l,a-Us.fed.us Phone: (406) 329-3400 FAX: (406) 329-3591 LIABILITY OF THE PARTIES: Liability of the federal government shall be governed by the provisions of the Federal Tort Claims (28 U.S.C. 2671-80). INSURANCE: Neither parry is required to obtain insurance except as they otherwise may do so in the normal course of business. Page 3-2f 5 ENFORCEMENT AUTHORITY: Each party shall only directly enforce laws outside of their primary scope of enforcement authority in a role of assistance to the other party and as a joint operation or law enforcement activity. 2. Each party shall supply the other with any necessary documentation, reports, recordings or other items necessary for related investigation or prosecution from the primary party in charge of the specific investigation. 3. Each party agrees to train together when practicable and mutually beneficial to both parties to do so. OTHER PROVISIONS: Nothing in this agreement is intended to conflict with current law or regulation or the directives of the Forest Service or the City. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. Nothing herein shall be construed so as to create a separate legal entity. The parties shall not, except by additional written agreement, obtain or jointly own any real or personal property. MODIFICATION: Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. PARTICIPATION IN SIMILAR ACTIVITIES: This instrument in no way restricts the Forest Service or the City from participating in similar activities with other public or private agencies, organizations, and individuals. NON-DISCRIMINATION: The parties agree not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. FILING WITH GALLATIN COUNTY CLERK AND RECORDER AND MONTANA SECRETARY OF STATE: Upon approval of this Agreement, the City shall file this Agreement with the Gallatin County Clerk and Recorder and the Montana Secretary of State. Cost of such filing shall be borne equally by the parties. DURATION OF AGREEMENT: This instrument is executed as of the date of the last signature and is effective for five years at which time it will expire unless extended. The agreement may be terminated at any time upon the mutual written consent of the parties. Further, either party may terminate this agreement by providing the other party thirty (30) days written notice. Page 4 of 5 THE PARTIES HERETO have executed this instrument BOZEMAN POLICE DEP NT CH MCLANE Date Chief of Police Page 5 of 5 USDA FOREST SERVICE, NQRTIIERN REGIO N LAURA J. MARK Date Special Agent in Charge