HomeMy WebLinkAboutbocc.res.081.2014CONTRACT #_T_6/ 3
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EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOCC TO ENTER INTO AN
INTER -GOVERNMENTAL AGREEMENT WITH THE USDA, FOREST SERVICE, WHITE
RIVER NATIONAL FOREST
RESOLUTION NO.V v/ -2014
RECITALS:
1. The Board of County Commissioners of Pitkin County (hereinafter `BOCC") under the
authority granted pursuant to C.R.S. 29-I-201 and Article XIV, Section 10 of the
Colorado Constitution is authorized to enter into an Inter -Governmental Agreement
between the Pitkin County Sheriff's Office herein after referred to as ("Sheriff') and.the
USDA, Forest Service, White River National Forest herein after referred to as the (`U.S.
Forest Service").
2. The purpose of this Agreement is to set forth the respective responsibilities and
obligations of the Sheriff referred to in the agreement as ("Cooperator,") and the "U.S.
Forest Service" as related to the 2014 Annual Operating and Financial Plan.
3. The BOCC considered this agreement on first reading on July 23rd, and at second
reading after a duly noticed public hearing, on August 13, 2014.
4. The BOCC has determined that it is in the best interest of the citizens of Pitkin County to
enter into this agreement.
5. The BOCC finds that adoption of this resolution as an emergency is necessary for the
immediate preservation of the public health, safety and welfare of the citizens of Pitkin
County and therefore declares this resolution to be effective immediately upon adoption
on July 23, 2014 pursuant to Pitkin County Home Rule Charter Section 2.8.5.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that is does hereby approve the Inter -governmental Agreement with the U.S.
Forest Service and authorizes the Chairman and the Sheriff to sign such agreement, attached as
Exhibit A to this resolution.
INTR�ODUCED, READAND ADOPTED AS AN EMERGENCY RESOLUTION ON THE
�A— DAY OF rjtll2014 AND SET FOR CONFIRMATORY PUBLIC
HEARING ON THE /16'I -DAY OF wts f , 2014.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY
OF THE EMERGENCY RESO UTI [ON PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 3 / DAY OF u 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMAT RY PUBLIC
HEARING, IN THE ASPEN TIMES WEEKLY ON THE �! DAY OF 1/K 0S
2014.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PITKIN COUNTY
WEBSITE www.aspenpitkin.com ON THE ham" DAY OF v vs 2014
m
Jones
County
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
By:
21_JrA�� e-�_
Robert A. Ittner, Jr. Chair
Date:
MANAGER APPROVAL
John Ely, Cou t ey Jon Pea ock, County Ma ger
United Status Dcpartmont of Agriculture- Forest Seivice
PITk1N COUNTY
7F SERVICE CENTER ROAD
ASPEN, CO., 81611-2903,
UNITED STATES
mikc.mcandreM@co.pitkin,co.us
Reference: Grant/Agreement Number. 09LE11021500009
Project Title: LAW ENFORCEMENT
Dear Cooperator/Recipient:
White Ri,,er National Forest
900 GRAND AVENUE
GLENWOOD SPRINGS. CO. 8'1601
File Code: 1580
Close Date: 05/06/2014
All requirements and obligations under the above referenced award have been completed and/or
expended. Therefore this award is closed in our records as of the date of this letter.
We appreciate the,opportunity to have worked cooperatively with you. If you have' questions;, feel free
to contact me at elangstaff@fs.fed.us.
4z- i ja% �5w -cy;
Sincerely;
.G �
�5 �-vT
ELAINE LtANGSE FF
GRANTS AND AGREEMENTS SP CIALIST
elangstaff@fs.fed.us
CC: Elaine Langstaff, Eric Carney
lup�t Caring roe the Land and Serine Pcop!n �' .
USDA, Forest Service .. OMB 0596-0217:
FS: Agreement No. - 14 -LE -1 1021500-022
_.-
... Coope`rator.Agreement No: `.' . ,
EXI3IBIT,-A
VE LAYS ENFORCEMENT+ANNUAL"OPERATING PLAN &
s -c cFINANCIAL`PLAN
I n Between -The
PITKINCOUNTY'SHERIFF'S DEPARTMENT -
And the
•USDA; FOREST SERVICE
WHITE.RIVER NATIONAL FOREST: „ • ,:
2014 ANNUAL OPERATING AND FINANCIAL PLAN
This AitnualFinancial and Operating Plan (Annual Operating Plan), 11 is hereby made and entered
into by and between the Pitkin County Sheriffs Department, hereinafter referred to as .
Cooperator," and the USDA ForestService White River Natio' aI Forest; hereinafter referred
to as the "U.S: Foresf:Service under the provisions of Cooperative Law Enforcement,
Agreement #14 -LE' 11021500-022 executed`on'TBD.' This Annual Operating Plan is made and
agreed to as of the last date signed below and is for the estimated period beginning June 1, 2014
and ending September" 30, 2014.
FY2014 Total Annual Operating Plan: $5;600
Job Code - NFLE021360
1. GENERAL:
A.. The following' individuals shall be the designated and alternate representative(s)of each
party, so designated to make or receive requests for special;enforcement activities:
xa=
Principle Cooperator:Contacts:'
Coo erator Pro rain Contact
Cooperator Administrative Contact
Name: Joe Disalvo; Sheriff
Name::Ron Ryan, Under Sheriff
Address: 506 Main Street, Suite 101
Address:t506141ain-Street,'Suife'IOf
City, State, Zip: Aspen, CO 81611
City, State, Zip: Aspen, CO 81611 '
Telephone: (970)'920-5300
Telephone: (970) 920-5300
FAX: (970) 920-5307
FAX r�:.; (970) 920-5307
Email: ioe.disalvo@oitk'insheriff:com
Email ron.rvan@Pitkinsheriff com
Principle U.S. Forest Service Contacts:
Page 1 of 6
USDA, Forest service
FDR 106.1
U.S. Forest Service Program Manager
U;
Contact
FDR 114.1
Name: Eric Carney, LEO
Address: 620'Main Street
City, StattrZiii.' Carbondale; CO 81623,
Telephdm (970) 963-2266
FAX: (970).963-1012
Email: Dcamev@fsJed.us
Name
Addre
citi"!
y
Telep]
-FAX:!
CO81650
625-68,42
B. Reimbursement for all types of enforcement�
,activitie§shall.beat the foil
unless specifically statedbtheiiviseiowing rates
Wages at the, prevailing rate of $59-00/hour for an individual patrol officer,
,PATROL ACTIVITIES:
2.
A. Time schedules for ' patrols Will be'flexible to'allow for emerge rc'fe_s, other priorities And
day-to-day needs,of boih:'Pitkin County and ibe, " Se&ic"e..mpe,tme "I will tie,.
spent in each areato make,re: sidents'and visitors "aw A' I f6 tha I tjaw
in -the vicinitY. enforcement, officers;are
I. Patrol on following U.S. Forest Service roads`
As District
Aspen Distri t
l�mcoln'Creek
FDR 106.1
Grottos Parking
FDR 11211
Braille Traillicad
FDR 114.1
Martiontake
FDR 125.1.
Capitol Creek
FDR 31'6. 1
Kobey Park
- F I DR'5081
Castle Creek.
FDR 121
Little Amfie
Souris Ran er bistrici
Prince Creek Rd. (Dinkle Lake)
Coal Basin Rd
Avalanche Creek
Thompson Creek Roads
County Rd. 23
Hwy. 82
Hwy. 82
.County: Rd., 111 :ti i
County Rd. 15 .including
inclittli ' fig dispersed campsites 14.
County Rd. -15A
FDR'307
FDR`, 2110
FDR 305 &'306
Along State Highway 133, patrols:include Redstone and Bogan Flats Campgrounds.
2. Patrol in the following campgrounds, developed sites, or dispersed areas:
Page2 of 6
�,4a1'USDA-, Forest Service o!N80596-0217
Vehicle and foot patrols of recreation.areas m the Independence Pass and Maroon
Creekeorddors, with specific attention to Dtfficult:Campgrouhd, Maroon Lake day
use area, Grottos. Parking Area, Silver Queen Campgrouitd,;Sil.ver Bar Campground,
East. Maroon Portal, and Weller Campground Thesepatrols7should be scheduled
between the hours of 7:00 p:m:.and midnight on Friday -and Saturday of each week
between,June"1; 2014 and September 30,,2014, a second patrol in the Maroon Bells
recreation area can beperformed between'11:00 and'4:00pin as scheduling"and
availability permits.
In the Upper Frying Pan Valley, patrols ;,iricluode Dearhanuner"Campground; Elk
Wallow Campground, and Chapman Campground.
3. ,Radio dispatch (service
Provide secondary dispatch service for U.S. ForestService LEO by running 'NCIC
and CCIC check when unable to contact primarySIWe Patrol dispatch: Authorize
non law enforcement personal use of Ajax frequency foreme'rgencytraffic only
The,use of Pitkin County communications will be used for,reporting emergencies.
when U.S; Forest Service'personal are in areas of limited or no other means of
emergencycommunieation:
4. ,Pitkin'County'Sheriff Department will be authorized the use of the U.& Forest
Service Law Enforcement boat. This use"is,authonzed as.outlined in U.S. Forest
Service Handbook (FSH) 7109.19, ch. 60, sec. 61.23. Employees of Other
Partners (Other Than Federal) and Contractors. U::S..Forest•Service law
Enforcement and Investigations will provide use of the agency boatassigned to
Ruedi-reservoir to Pitt in County. Sheriff Department for patrols and search and
rescue incidents; occuiTing on Ruedi reservoir; within the White River National
Forest.
Pitkin County will agree to the following terms.,
i. Have the appropriate liability insurance to assurneiall: liability, iii, the use of
the boat.
ii.. To pay for fuel and oil used in the operations of the boat.
,iii. Pay for.maintenance resulting from the use of the boat during operations
by Pitkin, County Deputies. If the maintenance needs; exceeds.$ 1000.00'
the parties will have a discussion and reach 'an -agreement as to how to
proceed with repairs.
iv. Pay for one half'ofthe arimalrnaintenance tune ups
v. Train Deputies at the: Sheriff§ expense to operate the boat. The.required,
training will be an approved motor boat operators safety and enforcement
course.
vi. Identify a deputy to serve as a the boating enforcement program lead, who
will work with Forest Service Law Enforcement to oversee the program
Page.3 of 6
I
USDA, Form Semite
and. ensure all de ties operating;the'boathave met.the minimum
requirements tooperate.
Total reimbursement for this category shall no exceed the amount of: $5600:00:
III. TRAINING:
See Cooperative Law Enforeetheitt Agreement Provision IV -If foradditional`information. 0.00
Total reimbursement for thiscategory shall not exceed the amount of; $N/A
IV. EQUIPMENT:
See Cooperative Law EnforceinentAgreement .Provisions IV -K, IV,L, and IV-Mforadditionalinfom:ation.
,None Available for FY2014
Total- reimbursement for this category.shall not exceed the amount of: $N/A
V. SPECIAL ENFORCEMENT SITUATIONS:
A. SPecial;Enforcement Situations include but are not,limited to; Fire Emergencies, Dmg,
Enforcement, and certaiwGroup Gatherings.
None Available for FY2014
13. Funds available for special enforcement situations vary greatly from year io,y= and
must be specifically requested and approved prior to any" reimbursement being
authorized. Requests for funds should be made to the U.S. Forest Service designated
representative listed in Item I -A of this Annual Operating Plan. The'designated
representative will then notify the'Coopet`ator:whetherTunds"will be authorized for
reimbursement.If funds are authorized, the parties willthen jointly. prepare a revised
Annual Operating Plan.
1. Drug Enforcement: This will be handled on.a case,by case basis. The request will
normally -come from the patrol, Captain; however, it may come from the Special
Agent.iirCharge or.their designated representative. Reimbursement shall be made
at the rates, specified in Section I -B. Deputies assigned, to the, incident will
coordinate all of their activities with the designated officer in charge of the
incident.
None Availablefor. FY2014
2. Fire Emergency: During emergency fife suppressionsituations and upon request
,by the Forest Service pursuantto an incident resource order;:the Cooperator agrees
Page 4 of 6
USDA', Forest Service OMa 0596.6217
FS45aa-8A.
to provide special services :beyond those provided under Section 1I-A„within the
Cooperator's resource capabilities forthe'enforcemencof State and local laws
related to the protection of persons'arid their property. The Cooperator"will be
uesignalea.representauve, an,of jcial firm the Inc dent Management Tear,
managing the incident Cooperator personnel assigned to an'incidenrwheremeals
are provided,wilI be entitled to such meals.
I
None `_Avaitab[e;tor FY2014 .:
3.. Group Gatherings: This includes but isinot limited to situations. which are
;_
normally unanticipated`or "which typically includeveryshort notices,_ large group
gatherings such as rock concerts, demopstrauons, and organization rendezvous.,
Upon authorization by.a Forest Service representative listed°in Section I-A:for
requested services of this nature, reitribursenient'shall be made at the rafes
specified in Section I -B, Deputies -assigned to'this,type of meIideInt,will'iioritally
coordinate their activities with the designated officer in charge of the hc'idenC
None Available for FY2014',
This includes:butis hot limited to situations which are noimally unanticipated or:which
typically, include very short notice; large g`r'oupigathenngs such,as rock conceits;
demonstrations; and:organizational rendezvo6s.
�r
VI. BILLING.FKEQUENCY:
See Cooperative Law Enforcement Agreement Provisions 11-H and X -B for additional,
information.
A. Billing is always on a reimbursable basis and will take th%form of one lumpsum; The
w -,
US' Forest`Service will'make payment for its proportionate share of,project costs upon'
receipt of an Sr=270 'With 'an itemized reporesfiowing'the. total number of hours of each
patrol shift will be submitted at the end of the year to the iatterition of;t' .`
`USDA Forest Seryice,�.
Albuquerque Service Center
Payments-:Grants;,and Agreements
101B Sun Ave NE"
Albuquerque, NM 87109
Fax: 877-683-1509
Subrfut copy to: Eric Carney
Aspen &:Sopris Ranger District
620 MainStreet
Page 5 of 6
i
l
USDA-. Fomt Service
CO ill 11 1
:Carbondak,'CO-,-'814523-
B. Pitkin Country will complete
anst: erv, ete d.subfinit, U�Sr�]�oj6'§
(Coop6mitiVe Law EnforcementActivity-lk —
eport) identify,
occurring -on N,ational Forest System lands: "°The report st
under this agreeineriffforn those handled I by'Pitkiri I Count
C. The following is a breakdown of the total estimated costs associated With this Annual
Operating Plan. It, I iit-L
Categoiry
Noftli'E#ied by
Patrol Activities
Activities
ies
--100%
Traininn
1� I
E ui ment
t
mart
77--7 --- 777777.
Special,
Special, Enforcement
Situations
L_Total
100%::: ---
--
D. An remaining funding in'this�Annual,
'Y Operating Plan may be carried forward to the, next
fiscal yeal Will be available to s d
pen ou the term of the Cooperati ve Law
Enforcement Agreemeint, or.de-06ilgatp,il at th"d request
- , qiuest of the 'U.S U.S. Forest Service, See
Cpoperaiiv,eLaw,EnforcementAgreein'e'niPr'6'-
vision
BurrideriStatement ,
Ina D.B. Department of Agriculfum (USDA) Proh" discrimination in all its programs and aClJvWe36n thebasis of race; cobs; riatterrij odgi ' ' '
where applicable, Me ImIcitill status, familial status, parental status, 10140n, sexual orientation, genetic Information, pollNear beliefs, ren, age, disabifilf,, and
prisial, or because all or
pad of an Individual's inceinj is derived. from any public assistance. (Not all prohibited bases to all p ra Pawns with disahNifes who require
and TOD), should contact USDA's TARGET Centeral 202--720-2600 (voice
allemadva means for communication of program information (Brad large firm, BUTICibipa. 01C.) a apply roll on.)
To file a complaint of diDorminerjon. write USDA, Director, office of Civil Rights, 1400 Incheipenclamai Awsrom SW, Washington, DC 20250-9410 or call - toll free
(1366) 632-9992 (Yoloe). TED users can contact USDA through Jowl relay or the Federal role (W) 877-8339 TDD) or (8156) 377-8642 (relay voice 'USDA
u; an equal 0WIturlity provider and amployer. at -
Page 6 or 6
I LOAUSDA, Forest Service: oma 0596-0217
FS -1
FS Agreement No: 14-L& 11021500.022
Cooperator Agreement No.
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between The
PITKINCOtJNT,i(SIIERIFF'SDEPARTMENT
And The;
USDA, FOREST SERVICE-,,,
WHITE RIVER NATIONAL FOREST
This CO0PEkATrVE LAW ENFORCEMENT AbREFMENT,'('Agreement') is eniered int6by
and between the Pitkin County Sheriffs' Depa,iLmle,nt,h8,rein.aftc'T,refer'red to asTooperator,"
and the USDAForest Service, Wliit&r,Riv.ei National;Forest hereinafter referred to. as the "U.S.
Forest Service," under the provisions of thko*6 lliaiiiie"�L'iw Enforcement Act of August jo,
1971, Pub. L-92-82,16 U.S.C. 551a.
Background: The parties to-tbis:a,greenient recognize that public use of National Forest System
Lands (NES lands) is usually l6cated'id areas that are remote or, sparsely populated. The pa
rttes
also "recognize that the enforcement of State and local law is related: to the administration and
regulation of NFS landsand the Cooperator ha's'/havq`,afirn�!itedamount of financing to meet their
responsibility of.enforcing theseilaws.
This Cooperative Law EnforcemehfAir6ement replaces Agreement #09-LE71 1021500-009-
executed on March 24,200 and expired j"n
pired March '
I I , ,
Title: Pitkin County Sheriffs DepanmMt Law Enforcement Patrols
I. PURPOSE:
The purpose of this agreement is todocurrfent.a coo"�
p66tive effort between the parties to
enhance State and,lo&al law enforcement in connection with activities.onNFS landsand
provide for reimbursement tb.the Cooperator for the" intensifiedportion 0 . f this effort.
In consideration of the iib`
ove prernises, the pwiles agree as follows:
H. THE COOPERATOR SHALL:
A. Perform in accordance with the: approved and hereby incorporated Annual Financial and
Operating Plan (Annual Operatihg'Plan) attached as Exhibit A. See relate - d Provision TV -
E.
B. Ensure that the officers/igents of the Cooperator performing law enforcement activities
Linder this agreement meet the same standards of,
=requircd ofthe officers/agents
in their jurisdictlion, or.the State Peace Officers S of Tr I aining where they exist,
I I
C. Provide uniformed dficers/agents with marked vebicl k es.to,perform all activities unless
agreed, to otherwise in the Annual Operating Plan.
Page I of 8
LWUSDA, Forest Service OMa 0546-0217
D. Advise the U.S. Forest Service 'Principal Contact', listed in Provision rU=B, of any
suspected -criminal activities in connection,with activities on NFS lands.
E. Upon the request of the U.S. Forest Service, dispatch additional deputies within
manpower capabilities: during.eztraordinary siivations;as described tmProvision )V.J.
F Complete and furnish annually the U.&: Forest service,. with Form FS -5300-5,
Cooperative Law Enforcement Achvuy Report, identifying the number of crimes
occurring On NFS lands...The report shall follow the FBI uniform Crime Reporting.
groupings, Part [ and'Part II offenses. Offenses and arrest information shallbe combined
and reported.for each crime This:report shall separatethe crimes handled under this
agreement .frorn those`handled during regular:dud6s. , ,
G. Provide the U.S, Forest Service Principal Contact,'listed iii Provision IV -B, with case
reports and timely information relating to incidents/crimes in`connection with activities'
on NFS,.lands.
H. Bill the U.S: Forest Service for the Cooperators actual costs incurred to date, displayed
by separate,cost elements, excluding'any previous U.S: Fnrest Service.payment(s) made
to the date ofaherinvoice, not to;exceed the cmnulativelfunds obligated hereunder and as
specified.on the Annual Operating'Plan. Billing frequency will be as specified in the
Annual Operating Plan. See related Provisions 111-B, IV. -I, and IV -P.
I. Give the U.S. Forest Service or Comptroller General, through any authorized
representative,.access.to' and the righmo examine all records;related to this agreement.
As used in this. provision,. "records" include books, documents, accounting procedures.
and'practices,.and other data, regardless of type and regardless ofwhethersuch items are
in written form, in:the form of computer data, or in any, other form.
J. .Comply with all,Federalstatutes relating to nondiscrimination and all applicable
requireinents'of all other,Fedeta] laws, Executive Orders; regulations, and policies.
These include, but are not limited.to Sections 119 and 504 of the Rehabilitation Act of
1,973 as amended, which prohibits.discrimination on the basis of'race, color„ religion, sex,
age, national; origin, marital status, familial status, sexua!'orientation, parficipation in any
public assistance program, or'disabdity.
IH. THE U.S. FOREST SE RVICE SHALL:
A.. Perform inaccordancewith the Annual Operating Plan; attached'as Exhibit A.
B: Reimburse the Cooperator for actual expenses incurred, not to exceed the estimated
amount shown in the Annual Operating Plan. The U.S. Forest Service will
payment for:
Project -costs upon receipt of an invoice. Eachcorrect invoice shall display'
the.Cooperator's actual expenditures to date of the invoice, displayed by separate cost
Page 2 of 8
Ln. USDA,:Foresl Service. .OMB 0596-0217.1
elements as documented.in,the Annual Operating Plan, less;any previous U.S; Forest
Service payments. See related Provisions II-If,and IV-L.:The,invoice should be
forwarded as follows:
Submit orieinal invoice(s) for
iSendlcapeto:. .
payment to '
Name: 'Ron Ryan, Under Sheriff
USDA, Forest Service
Eric.Carney,
Albuquerque Service:Center
U:S..Forest Service
Payments -Grants.&.Agreements
White River National Forest
101B Sun Avenue NE.
620 Main St, PO Box 309
Albuquerque, NM 87109
Carbondale,. CO; 81623
FAX: (877):687-4894
Phone:. (970) 963,,2266 ext: 3145
E -Mail. asc Qzi@fs.fcd.us
E -Mail!. ercamcyCfs:fed us
IY.IT IS MUTUALLY UNDERSTOOD'AND AGREED UPON BY AND BETWEEN THE
PARTIES THAT:
A. The parties will. make themselves available, when necessary to, provide=for continuing
consultation; exchange information, aid m training and mutual support; discuss the
conditions covered by this agreement and agree'to actions essential to fulfill its purposes.
B. The principal contacts for this agreement are
Principal Cooperator Contacts:
Coo erator'Pro ram:Contaet
Coo erator.-Administrative Contact
Name: Joe Disalvo, Sheriff
Name: 'Ron Ryan, Under Sheriff
Address: 506 E: Main St, Suite; 101
City, Stale, Zip: Aspen, CO -8161 ]
Telephone: (970) 920-5300
FAX (970) 920-5307
Email ioe.disalvo@'oitkmsheriffc"om
Address: 506 E. -Main Sq Shite 101
City, State, Zip: Aspen, CO 81611
Telephone: (970).920-5300: .
FAX (970) 920 5307
Email ion.i au@ pitkmstieriffcom
Principal U.S. Forest Service Contacts:
Name: Eric Carney, LEO'
Address: 620'Main-St, PO Box 309
City, State, Zip: Carbondale, CO 81623
Telephone: (970) 963-2266 ext. 3145
FAX: (970) 963-1012
Email: cicarnev@fscfed.us I Email`. efanos(affCc
his agreement has no effectupon the Cooperator's right
.. . z- . Uontact ..
une: Elaine -Langstaff;_
idress: 0094 Co. Rd. 244
ty, State, Zip:.Rifle, CO 81650
lep4onei(970)625-6842
Page 3 of 8
and -criminal
C. T
USDA, Peres( Service
jurisdiction an NFS lands nor does Iee, —mI I
grent havelany effect upon ,the responsibility
of the U.S. Forest Service for th6 enforcement of federal 0
a
laws n regulations,relative to
NFS lands. I .
D. An Annual Operating Plan will be negotiated on a fiscal ycar'basis:, At die end' of the
fiscal year, funds not spent may be carried forward' I to the next 1fisca I I . year, . or. decibligated
at the'requdst of the U.S. Forest S&v186. Upon expiration of the CooperativeLaw
Enforcement Agreement, (see r'cjWjedprov'ision IV -W f
dcobfigated. undS nrit:.spent. will be
E. Any Annual Operating Plan add6d'f
6 this s� - Agreement will .be.joindy prepared
to by the, parties. T6cAnnualdperatin , &Plan s I hall I at a minimum contain:, I ' I and agreed
I. Specific language stating that the Annual Operating Plan is being added to this
.agreement thereby subjecting it to the;terms of this agreement.
2. Specific beginning and ending dates.
Bilateral execution n: I prior r I to any p
, urchase or-, th j
.1 1 � -1 1 4, 1 1., 1 . ..ePerformance;of any, work for
it
w.ichiTermbursement is'to be marld.
4. Specify any training; equipment purchases, and enforcement acti . vid es to be.
,
provided and agreed ,rates for rciffibuirs'e" - ' f - * I I-- o!
ment including the inaxImum total
amount(s) for reimbursement.
5. An esdinlate of the useful life of any equipment purchased ,underth'
is agreement as
required byy-Provision iv -k."
6. Billing fre
quency requirernent(§)-See mlatedProv
istons I-Handffi-B,
7. Designation of specific and;alt6mate(s) to make.or receive- requests
for enforcement activities under this4kreement. -
�8. A review and signature of a U.S.Forest Service, Agreements Coordinator.
F. Nothing in this agreement obligates either party to acceptor offer any Annual Operating
Plan under this agreement.
G- The offi.cers/agents of the Cooperator performing. law:enforcernent activities,under this
agreement are, and shall remain, under -'the Sbp6rvisioo, authority, and responsibility of
the Cooperator.. Law cnforcerhefitP r6vided by the Cooperator.and its 'ernploy6es shaE.
not be considered as coming within the scope of federajempJloyment_,a'
nd none of the
benefits of federal employment shall be confeKre:'
d under thisagreement.. .
H. Federal Communication
Commission procedures will be followed When operating
radici(s),on either party's frequency.
Page 4 of 8
USDA, Forest Service
I. The Cooperator's reimbursable expenses mustbe,listed 'in. an approved.Annual
Operating Plan; expended in connec"ton-with activities on NFS lands; and expenses
beyond those ti0hich are nonnally, able to provide. -
J. During extraordinary situations such as but not Iimited,to'fire emergency; drug
enforcement activities, or certain group gatherings,he U.S. PorestServicemay request
to provide.additional' special,enforcementactivities., Tlie U.S. Forest Service will
reimburse the Cooperator;for only the additional activities requested and not for activities
that are regularly performed by the Cooperator; -
K. Reimbursement may, include the costs ince red,by theEooperator inequipping or training .
,its officerslagents to perform the additional law enforcement activities authorised by this
agreement. Urless specifed ctheilvise m the Annual:Operanng Plan; reimbursement for
equipment and training will be limited to a pro,rata share.based omthe percentage of time
an:officer/agent spends -or equipment ispsed under this,agreement.
When reimbursement for items such as.radios,.radar equipment;,and boats is being
contemplated; reimbursement for leasing of such equipment should.be cou`sidered. If -the
U.S. Forest Service's equipment purchases are app roved n the Annual Operating Plan,'
an estimate ofthe useful, life of such equipment shall,be included'. When purchased,
equipment use -rates shall include only operatidn and maintenance costs and will exclude
depreciation and replacement costs. Whether the Cooperator is/are reimbursedfor
Icrose/purchase'costs, or the U.S. Forest Service, purchases; and transfers the equipment,
the total cost for,the,equipment'cannot exceed the maj9r,porLion of the, total cost of the
Annual Operating PIanynlcss approved by all patties in'the agreement and shown in the
Annual O p e ra ti ti g. Pl a n.
When the U.S. Forest service provides,er
approved property transfer form (AD 10'
Forest Service, however';, the Cooperator
exist to protect loss ortheft. The Cooper
at original acquisition cost less depreciati
Cooperator'is/are responsible for all aper
the U.S. Forest Scry ice has reimbursed tF
Cooperator under the'AD407 process or
n[ the transfer shall be.docurnented on an
Iwvalent,-;Title shall'remain°with the U:S.
isure adequate safeguards and controls,
all be hnancially,responsible for any loss
iedertnination of the agreement.. The
nd maintenance costsfor eq'u'ipment that
)eratmfor;and/or, transferred;to the
L. Equipment anis supplies approved for purchase under this agreement are available only
for use as authorized. The US. Forest Service reserves the right to -transfer title to the
U.S. Forest Service of equipment andsupplies, with a:current per-unit fair market
value,
in -excess of $5;000.00, purchased by Cooperator, using any Federal funding: 'Upon
expiration of this agreement the Cooperator shall forward an equipment and supply
inventory to the U.S. Forest Service, listing allequipmentpurchased.throughout the life
of the project'and unused supplies:. The U.S. Forest Service willissue.disposition-
instructions within 120 calendar days, in accordance with equipment regulations.
contained in 7 CFR 3016.32.
Page 5 of S
.USDA, . Forest Service
M. When no equipment or supplies are,approved for purchase under an Annual Operating_
Plan, US. Forest Service funding _under this agreetaentis not available for
reimbursement.of the Cooperator's purchase of egmpmgnt or'supplies.
N.
addition to their
reimbursement. Reimbursementis
enforcement of fish and game laws
the r
bile protectiorrenforcement
. then chgible for,
:onservaGon Agencies for
ties on NFS lands..
O: Pursuant to 3'1 U.S.0 3716 and 7: CFR, Part3; Subpart B, any funds paid to the
Cooperator, in excess of the amount to which'[he Coope"is/are finally determined;to
be:entitled under the terms and coridittons of theaward:constituteja debt to:the;fedefal
Govemment . If -not paid within a"reasonable penod after [lie demand for pI yrtient, the
Federal awarding agency may reduce the debt by
1 Making an administrative offset against other requests for :reimburserrieiits..
2. Withholding; advance payments otherwise due to the Cooperator,
3. Taking other action permitted by statute. '
Except as otherwise provided by law, the Federal awarding agency shall charge
interest on an overdue debtin'accordance with 4 CFR,.ChapteraI,"Federal Claims
Collection Standards" and'31`U:S.C. Chapfei 37_
P. Modifications within the scope of.the agreement shall be made by mutual consent of the
parties, bythe'issuahce of a written modification signed and dated by both parties;:prior
to any changes being.performed: The U S 'Foiest Service isnotobligated to ftind`any
changes not properly approved,in advance
Q. Either party; in writing, mayterrriinate thm
is agreement in whole, or in part, at any time
before the date of expiration. Neither party shall incur`any new obligations for the
terminated portion of thsiagreement after the=effective date and shall cancel as many
obligations as is possible. Full credit shall be allowed -for each party's expenses and all
noncancelable obligations properly 'incurred'upto the effective;date,of termination.
R. Federal wage provisions (Davis=Bacon or Service Contract Act). are applicable to any
contract developed and, awarded' under this agreement where all orpart of the funding is
provided with Federal funds. Davis -Bacon wage rates apply'ori all public works
contracts in excess of $2;000 and, Service Contraci A'ct wage provisions app lyto service
contracts in=,excess of $2;500. The U.S. Forest Service will award contracts in all.
situations where' their, contribution exceeds 50 perceat of the cost of the contract. If the
Cooperator is/are approved to issue a contract, it Shall be awarded on a. competitive basis.
Page 6 of 8
USDA; Fums( Service - OM13059610217
FS isoo-s
S. This agreement in no, way restricts the U.S. ForestSer Lice or the Cooperator from
participating in similar activities -with other public or -private agencies,, organizations, and
individuals.
T. In.accordance with Executive Ordei (EO) 13513 Federal Leadership on Reducing Tezt.
Messaging While Driving;" any,and all text messaging ;by Federal,employees'i's banned:
a) while driving a Governmenf ownedvehicle'(GOV) or driving a privately owned
vehicle (POV) while on official Government business; or by, using any electronic
equipment supplied by the Government when driving any vehicle atlany time. All
cooperators their employees, volunteers and `contractors are encouragedap adopt.aiid,
enforce policies thatban text messaging when driving company owned, leased orrented
vehicles,.POVs or GOVs when driving while on official Government businessor when
performing,any work for or on behalf of the Government.
• _c
U. Any information furnished to'the U.S. Forest Service under this agreementi's subject to
the Freedom of Information Act (5:U.S.Cr552)
V. This agreement is executed as of the date of the last signature and, unless sooner
terminated, shall be effective for a period of five.yeaI s through 30'Septetnber 2019.
W. AUTHORIZED REPRESENTATIVES By,signature below each party ceitirfies that the -
individuals listed m this document as rapresentatiyes!gfthe individual parties are
authorised to act in'&ir respeenvc areas.for'rnatters related to this` agreement. In witness
whereof, the parties hereto ha v executed this agreemem,as of,the last date written`below.'
1
�AL`V7 SHEERIFF .. Date. , . r—
Pitkin,GountySheriff's,Department
""'
SCOT I G. FITZWILLIAMS, FOREST` Date
SUPERVISOR
U.S. Forest Service, White River National Forest
ROB iITNER• Date
County Commissioner
Page 7 of 8
USDA, Forest Service
MARK, LAURA,SPECIAL AGENT IN CHARGE, Date
The authority, and format of this agreement have been reviewed and;approved:for
signature:
LANGSTAFF; ELATE: ate
U.S. Forest Service Grants & Agre ments Specialist
nrwruug ro ma r•aperwonr neoucUon HG or1995, an agerwy mayrrot condor or sponsor entl a person is not requ'ved.ro respond to a calecGon el information
unless II dsplaye a valid OMB control number: The valid OMB, control nurrou for firs information collection is 0596.0217.1 The time required to complete Nis.
information collection Is estimated to average 3 tiour a per response; including the Vine, for revevdng insauctions; searching existing data souices, gelredng'entl
maintaining the dela needed, and completing and reviewing the cordon of information: • .. -
The U S Depedmenl of Agriculture (USDA} proh@IIs discrimination in all Its progmms ane' 'I. as on the bash at race, color, national origin; age, diseblity, and
where oppiicsWe. sex ma/ml status, lamllbl Status,pamnlal slaws; religion sexual otlental gametic information, poG4ical halals, reprisal, or because all or
par of an individual's income Is derived from any public assistance. '.(Not all prohlelted bases apply to: ail programs:? Personswith disabilities who require
alternative means for communication of program information (Braille, large print, sudiolaps etc) should contact USDA's TARGET Center at 202-720 2600,(voirs
and TDD). - `-�_ -;+. ...
To fife a complaint of discrimination, write USDA, Director Office of CMI Rights, 1400 Independence Avenue SW'Washington, DC 20250.9410 or cal tot free
(686 Bm832A892 (wits). TDD userscavi wnlsii USDA through local relay or the Federal relay el (800) 877-8399 (IDD) of (866) 377.8642 (relay wise):- USDA
ta
q opponunl provider and employer.
Page 8 of 8