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Home My WebLink About09 sheriff's Office AIS & Reso USFS IGA 6-14-17AGENDA ITEM SUMMARY REGULAR MEETING DATE: June 14, 2017 AGENDA ITEM TITLE: Confirmatory Public Hearing on a 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 STAFF RESPONSIBLE: Ron Ryan, Pitkin County Sheriff ISSUE STATEMENT: Shall the Board of County Commissioners confirm an Inter- governmental agreement with the USDA, Forest Service, White River National Forest BACKGROUND: Each year the Pitkin County Sheriff's Office and the USDA, Forest Service, White River National Forest, enter into a Cooperative Law Enforcement Annual Financial and Operating Plan to receive and/or make requests for special enforcement activities. This inter- governmental agreement is before the Board of County Commissioners at this time to approve the Annual Operating and Financial Plan for 2017 and authorizes the Chair to sign such agreement. The BOCC adopted this Resolution as an emergency at its regular meeting on May 24, 2017. It is before the board at this time for a second reading and confirmatory public hearing. LINK TO STRATEGIC PLAN: Safe and Healthy Community KEY DISCUSSION ITEMS: Staff will be present at the meeting to answer any questions the BOCC might have. BUDGETARY IMPACT: None. The money received from the USFS offsets the resources utilized by the Sheriff's Office. RECOMMENDED BOCC ACTION: Open the confirmatory public hearing and approve the Inter -governmental agreement with the USDA, Forest Service, White River National Forest ATTACHMENTS: Resolution with the attached Inter -governmental Agreement 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 FOR 2017 ANNUAL OPERATING AND FINANCIAL PLAN RESOLUTION NO. , 2017 RECITALS: 1. The Board of County Commissioners of Pitkin County (hereinafter "BOCC") under the authority granted pursuant to C.R.S. 29-1-201 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 2017 Annual Operating and Financial Plan. 3. The BOCC considered this agreement on first reading on May 24, 2017, and at a public hearing with a second reading after a duly noticed public hearing, on June 14, 2017. 4. The BOCC has determined that it is in the best interest of the citizens of Pitkin County to enter into this agreement. 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. THIS FORM SHOULD ALWAYS BE A SEPARATE PAGE. INTRODUCED AND FIRST READ ON THE 24th DAY OF MAY, 2017 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 14th DAY OF JUNE 2017. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE DAY OF 2017. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2017. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2017. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE DAY OF 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: George Newman, Chair Date: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 2 USDA, Forest Service OMB 0596-0217 FS-1500-8A FS Agreement No. Modification No. EXHIBIT A 14-LE-11021500-022 Mod 3 COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between The PITKIN COUNTY SHERIFF'S DEPARTMENT And the USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST 2017 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between the Pitkin County Sheriffs Department, hereinafter referred to as "Pitkin County," and the USDA, Forest Service, White River National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of Cooperative Law Enforcement Agreement #14-LE-11021500-022 executed on August 19, 2014. This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning January 1, 2017 and ending December 31, 2017. FY2017 Total Annual Operating Plan: $5,600.00 I. 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. Principle Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Joe Disalvo, Sheriff 506 Main Street, Suite 204 Aspen, CO 81611 Telephone: (970) 920-5300 FAX: (970) 920-5307 Email: joe.disalvo@pitkinsherif£com Ron Ryan, Under Sheriff 506 Main Street, Suite 204 Aspen, CO 81611 Telephone: (970) 920-5300 FAX: (970) 920-5307 Email: ron.ryan@pitkinsheriff.com Page 1 of 8 Principle U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Chris Mandrick, LEO Eagle Ranger District Office 125 W 5th Street Eagle, Colorado 81631 Telephone: (720) 990-4346 Email: cmandrick@fs.fed.us Clark Woolley Grants & Agreements Specialist 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: (970) 945- 3227 Email: cmwoolley@fs.fed.us B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Wages at the prevailing rate of $50.00/hour for an individual patrol officer. II. PATROL ACTIVITIES: A. Time schedules for patrols will be flexible to allow for emergencies, other priorities, and day-to-day needs of both Pitkin County and the U.S. Forest Service. Ample time will be spent in each area to make residents and visitors aware that law enforcement officers are in the vicinity. 1. Patrol on following U.S. Forest Service roads: Aspen Ranger District Lincoln Creek Grottos Parking Braille Trailhead Maroon Lake Capitol Creek Kobey Park Castle Creek Little Annie Rd Wildwood Ln Hunter Creek Valley Snowmass Creek Rd. FSR 106.1 FSR 112.1 FSR 114.1 FSR 125.1 FSR 316.1 FSR 508.1 FSR 121 Sopris Ranger District Prince Creek Rd (Dinkle Lake) Coal Basin Rd Avalanche Creek Thompson Creek Roads Four Mile Rd County Rd. 23 Hwy. 82 Hwy. 82 County Rd. 13 County Rd. 15, including dispersed campsites 1-7. County Rd. 15A County Rd. 21/22 County Rd. 11 FSR 311 FSR 307 FSR 310 FSR 305 & 306 FSR 300 Along State Highway 133, patrols include Redstone and Bogan Flats Campgrounds. Page 2 of 8 USDA, Forest Service OMB 0596-0217 FS-1500-8A 2. Patrol in the following campgrounds, developed sites, or dispersed areas: Vehicle and foot patrols of recreation areas in the Independence Pass and Maroon Creek corridors, with specific attention to Difficult Campground, Maroon Lake day use area, Grottos Parking Area, Silver Queen Campground, Silver Bar Campground, East Maroon Portal, and Lincoln Creek/Weller Campground. These patrols should be scheduled between the hours of 7:00 p.m. and midnight on Friday and Saturday of each week between June 1st to September 30th a second patrol in the Maroon Bells recreation area can be performed between 11:00 and 4:00pm as scheduling and availability permits. In the Upper Frying Pan Valley, patrols include Dearhammer Campground, Elk Wallow Campground, Chapman Campground, and the Miller Creek Area. 3. Radio dispatch service Provide secondary dispatch service for U.S. Forest Service LEO by running NCIC and CCIC check when unable to contact primary State Patrol dispatch. Authorize non law enforcement personal use of Ajax frequency for emergency traffic 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 emergency communication. 4. Pitkin County Sheriff Department will be authorized the use of the U.S. Forest Service Law Enforcement boat. This use is authorized 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 boat assigned to Ruedi reservoir to Pitkin County Sheriff Department for patrols and search and rescue incidents, occurring on Ruedi reservoir, within the White River National Forest. Pitkin County will agree to the following terms. i. Have the appropriate liability insurance to assume all liability in 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 of the annual maintenance tune up. v. Train Deputies at the Sheriffs expense to operate the boat. The required training will be an approved motor boat operators safety and enforcement course. Page 3 of 8 USDA, Forest Service OMB 0596-0217 FS-1500-8A 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 and ensure all deputies operating the boat have met the minimum requirements to operate. 5. Pitkin County Sheriff Department will be authorized the use of Aspen-Sopris Ranger District's "All -Terrain Vehicles" (ATV). This use is authorized 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. The Aspen- Sopris Ranger District will provide use of the All -Terrain Vehicles to Pitkin County Sheriff Department for patrols and search and rescue incidents, occurring on Aspen-Sopris Ranger District, within the White River National Forest. Pitkin County will agree to the following terms. vii. Have the appropriate liability insurance to assume all liability in the use of the ATV's. viii. To pay for fuel and oil used in the operations of the ATV's. ix. Pay for maintenance resulting from the use of the ATV's during operations by Pitkin County Deputies. If the maintenance needs exceeds $500.00 the parties will have a discussion and reach an agreement as to how to proceed with repairs. x. Pay for one half of the annual maintenance tune ups. xi. Train Deputies at the Sheriffs expense to operate the ATV's. The required training will be an approved ATV safety course. xii. Identify a deputy to serve as a the ATV program lead, who will work with Forest Service Law Enforcement to oversee the program and ensure all deputies operating the ATV's have met the minimum requirements to operate. Total reimbursement for this category shall not exceed the amount of: $5,600. III. TRAINING: See Cooperative Law Enforcement Agreement Provision IV-K for additional information. 0.00 Total reimbursement for this category shall not exceed the amount of: $N/A IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV-K, IV-L, and IV-M for additional information. None Available for FY2017 Total reimbursement for this category shall not exceed the amount of: $N/A Page 4 of 8 USDA, Forest Service OMB 0596-0217 FS-1500-8A V. SPECIAL ENFORCEMENT SITUATIONS: A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement, and certain Group Gatherings. None Available for FY2017 B. Funds available for special enforcement situations vary greatly from year to year 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 Pitkin County whether funds will be authorized for reimbursement. If funds are authorized, the parties will then 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 in Charge 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 Available for FY2017 2. Fire Emergency: During emergency fire suppression situations and upon request by the Forest Service pursuant to an incident resource order, the Cooperator agrees to provide special services beyond those provided under Section II -A, within the Cooperator's resource capabilities, for the enforcement of State and local laws related to the protection of persons and their property. The Cooperator will be compensated at the rate specified in Section I-B; the Forest Service will specify times and schedules. Upon concurrence of the local patrol Captain or their designated representative, an official from the Incident Management Team managing the incident, Cooperator personnel assigned to an incident where meals are provided will be entitled to such meals. None Available for FY2017 3. Group Gatherings: This includes but is not limited to situations which are normally unanticipated or which typically include very short notices, large group gatherings such as rock concerts, demonstrations, and organization rendezvous. Upon authorization by a Forest Service representative listed in Section I -A for requested services of this nature, reimbursement shall be made at the rates specified in Section I-B. Deputies assigned to this type of incident will normally coordinate their activities with the designated officer in charge of the incident. Page 5 of 8 USDA, Forest Service OMB 0596-0217 FS-1500-8A This includes but is not limited to situations which are normally unanticipated or which typically include very short notice, large group gatherings such as rock concerts, demonstrations, and organizational rendezvous. VI. BILLING FREQUENCY: See Cooperative Law Enforcement Agreement Provisions II -II and III-B for additional information. A. Reimburse Pitkin County for actual expenses incurred, not to exceed the amount shown in the Operating Plan. The U.S. Forest Service will make payment for projected costs upon receipt of an invoice. Each correct invoice shall display Pitkin County's actual expenditures to date of the invoice, displayed by separated cost elements as documented in the Operating Plan, less any previous U.S. Forest Service payments. Please put FS Agreement Number 14-LE-11021500-022 and performance dates on invoices. Billing for services provided under the teiiris and conditions of this agreement is approved on an annual basis. All billings and supporting documentation will be forwarded to the U.S. Forest Service Representative named below. A copy of the FS- 5300-5 shall be submitted to the U.S. Forest Service Representative annually. A copy is included in this Operating Plan. Email invoices to: asc ga(aP,fs.fed.us Or Fax invoice only to 877-687-4894 Or mail invoice to: U.S. Forest Service, Albuquerque Service Center Payments — Grants & Agreements 101B Sun Avenue, NE Albuquerque, NM 87109 Phone: 877-372-7248 Send copy of invoice, FS-5300-5 and Supporting Documentation to: Chris Mandrick, LEO White River National Forest Email: cmandrick@7,fs.fed.us B. Pitkin County will complete and submit U.S. Forest Service form FS-5300-5 (Cooperative Law Enforcement Activity Report) identifying the number of crimes occurring on National Forest System lands. The report shall separate the crimes handled under this agreement from those handled by Pitkin County during regular duties C. The following is a breakdown of the total estimated costs associated with this Annual Operating Plan. Category Not to Exceed by % Patrol Activities 100% Training 0% Equipment 0% Special Enforcement Situations 0% Total 100% Page 6 of 8 USDA, Forest Service OMB 0596-0217 FS-1500-8A D. Any remaining funding in this Annual Operating Plan may be carried forward to the next fiscal year and will be available to spend through the term of the Cooperative Law Enforcement Agreement, or deobligated at the request of the U.S. Forest Service. See Cooperative Law Enforcement Agreement Provision IV-D. In witness whereof, the parties hereto have executed this Annual Operating Plan as of the last date written below. JOE DISALVO, SHERIFF Date Pitkin County Sheriff's Department SCOTT FITZWILLIAMS, FOREST SUPERVISOR Date U.S. Forest Service, White River National Forest RACHEL E. RICHARDS, BOCC Chair Date County Commissioner KENT DELBON, Date Region 2, Rocky Mountain Region The authority and format of this agreement have been reviewed and approved for signature. -572 5- / CLARK WOOLLEY / Date U.S. Forest Service Grants & Agreements Specialist Page 7 of 8 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, politicarbeliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 8 of 8