HomeMy WebLinkAboutbocc.res.036.2019 CONTRACT APPROVED BY
BOCC ON
# ,of-Pd,q-60ee a- 9
( aecR
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
("BOCC") OF PITKIN COUNTY, COLORADO, AUTHORIZING
THE BOCC TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE USDA, FOREST SERVICE, WHITE
RIVER NATIONAL FOREST FOR THE ADOPTION OF THE
2019 ANNUAL OPERATING AND FINANCIAL PLAN
RESOLUTION NO. a! ,2019
RECITALS:
WHEREAS,Pursuant to Section 2.8.3 (Actions)of the Pitkin County Home Rule Charter("HRC")
official action by formal resolution shall be required for all actions of the Board not requiring
ordinance power on matters of significant importance affecting citizens, and
WHEREAS, 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 Intergovernmental 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").
WHEREAS, 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 2019 Annual Operating and Financial Plan.
WHEREAS, This comes to the BOCC for consideration on first reading on May 8, 2019, and at
a public hearing with a second reading after a duly noticed public hearing, on May 22, 2019.
WHEREAS, The BOCC finds that it is in the best interest of the citizens of Pitkin County to
approve this Resolution.
WHEREAS, NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners
of Pitkin County,Colorado that is does hereby adopts a Resolution Authorizing the BOCC to Enter
into an Intergovernmental Agreement with the USDA Forest Service,White River National Forest
for the adoption of the 2019 Annual Operating and Financial Plan (Attached hereto as Exhibit A)
and upon the satisfaction of the County Attorney as to form, execute any other associated
documents necessary to complete this matter.
01
INTRODUCED AND FIRST READ ON THE T DAY OF , 2019 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THEO DAY OF
2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OFJHE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE e'! DAY OF
, 2019.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
l DAY OF 4i), _ 2019.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 7 DAY
OF u 2019.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 3414-, DAY OF i).t , 2019.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL�nPITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 9.3"e I 'L DAY OF 2019.
ATTFS,T: BOARD OF COUNTY COMMISSIONERS
By �
L)L�.Ai1,'.r (-21/1(4 ByJean!to Jones f oschman, Chair
Dep f ty County Cle
Date: S/74/9
APPROVED AS TO FORM: MANAGER APPROVAL
Ica— b..J;P
.. - " y, County Attorney Jon Peacock, County Manager
CONTRACT
# -Pvi c-50d e-
t ;ADA,PawlIn.—. i aotswn
FS Apaaseei No. 11-L&11021500-O9
Coon nsor Arnow
No.
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between The
PITICIN COUNTY SHERIFF'S OFFICE
And The
USDA,FOREST SERVICE
WHITE RIVER NATIONAL FOREST
This COOPERATIVE I AW ENFORCEMENT AGREEMENT('Agreement)is entered into by
and between the Pitkin County Sheriff'.Office,hereinafter referred to as"Pitkin County or the
County,'and the USDA,Forest Service,White River National Forest,hereinafter referred to as
the"U.S.Forest Service,"under the provisions of the Cooperative Law Enforcement Act of
August 10,1971,Aub.L.9242,16 U.S.C.551a.
fid; The parties to this agreement recognize that public use of National Forest System
lands(NFS lands)is usually located in areas that are remote or sparsely populated. The parties
also recognize that the enforcement of State and local law is related to the admini*ation and
regulation of NFS lands and Pitkin County has/have a limited amount of financing to meet their
responsibility of enforcing these laws.
FS Agreement 19-LE-11021500-009 replaces FS Agreement No.14-LE-11021500-022.
Tido; Cooperative Law Enforcement Agreement with Pitkin County
I. PURPOSE:
The purpose of this agreement is to document a cooperative effort between the parries to
enhance State and local law enforcement in connection with activities on NFS lands and
provide for reimbursement to Piddo County for the intensified portion of this effort.
In consideration of the above premises,the parties agree as follows:
IL THE COOPERATOR SHALL:
A. Perform in accordance with the approved and hereby incorporated Annual Financial
and Operating Plan(Annual Operating Plan)attached as Exhibit A. See related
Provision IV-E.
B. Ensure that the officers/agent of Pidgin County performing law enforcement
activities under this agreement meet the same standards of training required of the
officers/agents in their jurisdiction,or the State Peace Officers Standards of Training
where they mist.
Pap I of 10 (Raw.9-IS)
�_ I/ lerviou rile pKarh7
PS-91011
C. Provide uniformed officers/agents with marked vehicles to perform all activities
unless agreed to otherwise in the Annual Operating Plan.
I). Advise the U.S.Forest Service Principal Contact,listed in Provision IV-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 extraordinary situations as described in Provision iV•7.
• F. Complete and f unisb annually the U.S.Forest Service with Form FS-5300-5,
Cooperative Law Enforcement Activity Report,identifying the number of ones
occurring on NFS lands. The sport shall follow the FBi Uniform Crime Reporting
groupinp,Part I and Part II offenses. Offenses and arrest information shall be
combined and reported for each crime. This report shall separate the crimes handled
under this agreement from those handled during regular duties.
G. Provide the U.S.Forest Service Principal Contact,listed in Provision iV-B,with case
reports and timely information relating to incidenWerimes in connection with
activities on MFS lands.
H. Bill the U.S.Forest Service for Pitkin County's actual cots incurred to date,
displayed by separate cat elements,excluding any previous U.S.Forest Service
payment(s)made to the date of the Invoice,not to exceed the cumulative Am&
obligated hereunder and as specified on the Annual Operating Phe. Billing
frequency will be as specified in the Annual Operating Plan. See related Provisions
111-B.IV-1,and l)-P.
I. Give the U.S.Forest Service or Comptroller General,through any authorized
representative,access to end the right to examine all records related to this agreement
As used in this provision,"records"include books,document:,accounting procedures
and practices.and other data,regardless of type and regardless of whether such items
are in written form,in the form of computer data,or in any other form.
J. Comply with all Federal statutes relating to nondiscrimination and all applicable
requirements of all other Federal laws,Executive Orders,regulations,and policies,
These include,but are not limited to Sections 119 and 504 of the Rehabilitation Act
of 1973 es amended,which prohibits discrimination on the basis of race,color,
religion.sex,age,national origin,marital status,familial status,sexual orientation,
participation in any public assistance program,or disability.
K. Maintain overeat information in the System for Award Management(SAM)until
receipt of final payment. This requires review and update to the information at least
annually after the initial registration,and more frequently if required by changes in
information or agreement term(s). For purposes of this agreement,System for Award
Management(SAM)means the Federal repository into which an entity must provide
ter 2 of le (Rev.9-IS)
'USDA.Font Sinks l OMB IkIWarll
RNON
information required for the conduct of business as a Cooperative. Additional
information about registration procedures may be found at the SAM Internet site at
www.ssm.>tor.
4
M.Perform in accordance with the attached Annual Operating plan,Eahrbit A.
N. Monitor the U.S.Forest Service radio during the following period(s):24 hours/day
between the dates of April 15`to November 306. Address any concerns or
notify/request assistance from U.S.Forest Service as required in the judgement of the
County.
ID.
IV.THE U.S.FOREST SERVICE SHALL:
A. Perform in accordance with the Annual Operating Plan attached as Exhibit A.
B.
C. Reimburse Pitkin County for actual expanses incurred,not to exceed the estimated
amount shown in the Annual Operating Plan. The U.S.Forest Service will make
payment for project costs upon receipt of an invoice. Each correct invoice shell display
Pitkin County's actual expenditures to date of the invoice,displayed by separate cost
elements as documented in the Annual Operating Plan,leas any previous U.S.Forest
Service payments. See related Provision 11-11 and IF.!. The invoice should be
forwarded as foltows:
MAO oriels.'Invokes)for seed coo*to:
MMUS
USDA,Forest Service Chris Mandrick,LEO
Albuquerque Service Center U.S.Forest Service
Payments—Grants it Agreements Law Enforcement Officer,R2,
1018 Sul Avenue NE 620 Main St.
Albuquerque,NM 87109 Carbondale,CO 81623
FAX:(877)687-4894 Phone: (720)990-4346
E-Mail:oic itala)fs.fed.ua E-Mail: cmandrickQ€s.fed.us
Seed CQnv tel
Brandon Cervantes
U.S.Forest Service
SW Zone Patrol Captain
2250 S Main St
Doha,CO 81416
Phone: 970-874-6624
Email:bwccrran*cst 1s,fed.u8
Har 3 of to (Rev..IS)
1111 71 /USDA,Forest Swim ' 01411 tsaacn
11!!``++x•
13.11•04
V. TT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN TRE
PARTIES TRAT:
A. The parties will maks themselves available,when necnury to provide for continuing
coetsukadon,exchange information,aid in training and mutual support,discuss the
conditions covered by this egniernent and agree to actions essential to tblfill its purposes.
B. The principal contacts far this agreement are:
Matthaei C000e(ator Contacts:
Fulda County Sherllf Coated Piddle County Administrative Contact
-foe DiSalvo,Sheriff Ron Ryan,Under Sheriff
530 Main Street,Suite 103 330 Main Street,Suite 103
Aspen,CO 81611 Aspen,CO 81611
Telephone:(970)920-5300 Telephone:(970)9205300
FAX(970)920-5307 FAX(970)920-5307
Email:joe dialvoWnitkittahetiff.com Email:jon.rvin@pitkinsheeilT.com
Prindnal USaorest SerOee Contacts;
U.S.Forest Service Program Manager US.Forest Service Admlaltrative—
Contact Contact
Brandon Cervantes,Patrol Captain Clark M.Woolley
2250 S Main St 900 Grand Avenue
Delta,CO $1416 Glenwood Springs,CO 81601
Telephone:970-874-6624 Telephone:974945-3227
FAX 970-874-6698 Email;cmwool eliilfiied.us
Email:kweervanteslrfs.tbd.ttl
Payment Approver
Meld Contact Brendan Cervantes
Chris Mandrick,LEO Telephone:970-874-6624
620 Main St. Email:hMSDESifigLISILN
Carbondale,CO 81623Telephooe:72°-
990-4346
20990346 Aftertaste Payment Approver(la NRM)
Email:gr,yndrick( fs.fed.uat Misty Mitchell
Telephone:970-874-6638
Email:miltvmmitchell@filet0i
C. An Annual Operating Plan will be negotiated on a calendar year basis. At the end of the
year, foods not spent may be carried forward to the next year, or deobligated at the
Pu.s 4 ale (kcv.9-U5)
igir 'usoti,,,a,a,;G aowwn
request of the U.S.Forget Service.Upon expiration of the Cooperative Law Enforcement
Agreement,finds not spent will be deobligated.
D. This agreement has no effect upon Pitkin County's right to exercise civil and criminal
jurisdiction on NFS lands nor does this agreement have any effort upon the responsibility
of the U.S.Forest Service for the enforcement of federal laws and regulations relative to
NFS tangent.
E. Any Annual Operating Plan added to this apeman will be jointly prepared and agreed
to by the parties. The Annual Operating Plan shall at a minimum contain:
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.
3. Bilateral execution prior to any purchase or the performance of any work for
which reimbursement is to be nude.
4. Specify any training,equipment purchases,and enforcement activities to be
provided and agreed rates for reimbursement including the maximum total
amount(s)for reimbursement.
S. An estimate of the usehtl life of any equipment purchased under this agreement u
required by Provision N-K.
6. Billing frequency requireme ds). See related Provisions 11-H and 111-e.
7. Designation of specific individuals end alternate(s)to make or receive requests
for enforcement activities under this agreement.
8. A review and signature of a U.S.Forest Service Agreements Coordinator.
F. Nothing in this agreement obligates either party to accept or offer any Annual Operating
Plan under this agreement.
G. The offcerdegcnts of Pitkin County performing law enforcement activities under this
agreement are,and shall remain,under the supervision,authority,and responsibility of
Putin County. Law enforcement provided by Pitkin County and its employees shall not
be considered as coming within the scope of federal employment and none of the benefits
of federal employment shall be conferred under this agreement.
H. Federal Communication Commission procedures will be followed when operating
radios)on either party's frequency.
Par 5 of 10 (tbr.9-1 S)
Possessarlee 1 wenn I
IMI
rs-mess
f. Pitkin County's reimbursable expenses must be:listed in an approved Annual Operating
Plan;expended in connection with activities on NFS tends;sad expenses beyond those
which are normally able to provide.
J. During a traordinay situations such as,but not limited to:fire emergency,drag
enforcement activities,or certain group ging,die U.S.Forest Service may request
to provide additional special enforcement activities. The U.S.Forest Service will
reimburse Pitkin County for only the additional activities requested and not for activities
that are regularly performed by Pitting County.
K. Reimbursement may include the costs incurred by Pitkin County in equipping or training
its officers/agents to perform the additional law=forcemeat activities authorized by this
agreement. Unless specified otherwise in the Annual Operating Plan,reimbursement for
equipment and training will be limited to a pro rata share based on the percentage of time
an officer/agent spends or equipment is used wider this agreement.
When reimbursement for items such as radios,radar equipment,and boats is being
contemplated,reimbursement for leasing of such equipment should be considered.If the
U.S.Forest Service's equipment purchases are approved in the Annual Operating Plan,
an estimate of the usefJ life of such equipment shall be included, When purchased,
equipment use rates shall include only operation and maintenance costs and will exclude
depreciation and replacement costs. Whether Pitkin County is/are reimbursed for
lease/purchase costs,or the U.S.Forest Service purchases and transfers the equipment,
the total cost for the equipment cannot exceed the major portion of the total cost of the
Annual Operating Plan unless approved by all parties in the agreement and shown m the
Annul Operating Plan.
When the U.S.Forest Service provides equipment,the transfer shall be documented on an
approved property transfer foot(AD-107)or equivalent Tide shall remain with the U.S.
Forest Service,however.Pitkin County shall ensure adequate safeguards and controls
exist to protect loss or theft. Pitkin County shall be financially responsible for any loss at
original acquisition cost less depreciation et the termination(Odle agtoemestt Pitkin
County Ware responsible for all operating and maintenance costs for equipment that the
U.S.Forest Service has reimbursed Prim County for and/or transferred to Pitkin County
wider the AD-107 process or equivalent
L. Equipment and supplies approved for purchase under this agreement are available only
for use es authorized, The U.S.Forest Service reserves the right to transfer title to the
U.S.Forest Service of equipment and supplies,with a current per-unit fair market value
in excess of S5,000.00,purchased by Pitkin County using any Federal funding. Upon
expiration of this agreement Piwkm County shall forward an equipment and supply
inventory to the U.S.Forest Service,listing all equipment pmehued throughout dee life
of the project and unused supplies. The U.S.Forest Service will issue disposition
instructions within 120 calendar days,in accordance with equipment regulations
contained in 7 CPR 3016.32.
Pqe 6 of 10 (Rev.9-13)
IIA,Nog s � esswn•esn
mama
M.When no equipment or supplies are approved for purchase order an Annus!Operating
Plan.U.S.Forest Service funding under this agreement is not available for
reimbursement of Pitkin County's purchase of equipment or supplies.
N. When State conservation agencies have the re ponsibility for public protection in
addition to their nonnal enforcement responsibility.their public protection enforcement
activities may be included in Annual Operating Plans and are then eligible for
reimbursement. Reimburswnent is not authorized to State Conservation Agencies for
enforcement of fish and game laws in connection with activities on NFS lands.
O. Pursuant to 31 U.S.C.3716 and?CFR,Part 3,Subpart B,any limds paid to Pitkin
Cotmty in excess of the amount to which Pitkin County Ware finally determined to be
entitled under the terms and conditions of the award constitute a debt to the federal
001101Mid. If not paid within a reasonable period alter the demand for payment,the
Federal awarding agency may seduce the debt by:
I. Making an administrative offset against other requests for reimbursements.
2. Withholding advance payments otherwise due to Pitkin County.
3. Taking other action permitted by statute.
Except as otherwise provided by law,the Federal awarding agency shall charge
interest on an overdue debt in accordance with 4 CFR,C apter Il"Federal Claims
Collection Standards"and 31 U.S.C.Chapter 37.
P. Modifications within the scope of the agreement shall be made by mutual consent of the
parties,by the issuance of a written modification,signed and dated by both parties,prior
to any changes beim performed. The U.S.Forget Service is not obligated to fund any
changes not properly approved in advance.
Q. Either party,in writing,may terminate this agreement in whole,or in part,at eny time
before the date of expiration. Neither party shall incur any new obligations for the
terminated portion of this agreement 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 up to the effective dale of taminatioa.
R PAQ)IB1TION MIAMI INTERNAL CQ 1FIDENI'IAL AGREEMENTS: All non
federal government entities working on this agreement en-Hedberg to the below
provisions found in the Consolidated Appropriations Act,2016,Pub.L. 114-113,
relating to reporting fraud,waste and abuse to authorities:
(a)The recipient may not require its employees, contractors, or
subrecipients seeking to repots fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting them from lawfully reporting that
Page/of 10 (Rev.9.13)
pg /USDA,Farm Smite i 0101031441117
rs_hhsst
waste, fraud, or abuse to a designatedmvestigative or law
enforoanent representative of a Federal department or agency
authorised to receive such Information. •
(b)The recipient must notify Its employees,contractors,or
aubreciplents that the prohibitions end restrictions of any
Internal confidentiality agreements Inoonsfstsnt with paragraph
(a)of this award provision we no longer In effect.
(c)The prohibition In paragraph(a)of this award provision does
not contravene requirements applicable to any other form
Issued by a Federal department or agency governing the
nondisclosure of ciessllled lnfomiatlon.
(d)fl the Government determInes that the recipient is not In
compliance with this award provision,It
(1)Will prohibit the recipients use of funds under this award,In
accordance with sections 743,744 of Division E of the Consolidated
Appropriations Act,2016,(Pub.L 114-113)or any successor provision
of law;end
(2)May pursue other remedies available for the recipient's
material failure to comply with sward terms and conditions.
S. Federal wage provisions(Davie-Bacon or Service Contract Act)are applicable to any
contract developed and awarded under this agreement where all or part of the Striding is
provided with Federl funds. Davis-Bacon wage rates apply on all public works
contracts in excess of$2,000 and Service Contract Act wage provision apply to service
contracts in excess of$2,500. The U.S.Forest Service will award contracts in all
situations where their contribution exceeds 50 percent of the cost of the contract. If
Fitkin County is/are approved to issue a contract,it shall be awarded on a competitive
basis.
B.
T. This agreement in no way restricts the U.S.Forpt Service or Pitkin County from
participating In similar activities with other public or private agencies,organizations,and
individuals.
U. In accordance with Executive Order(BO)13513,"Federal Leadership on Reducing Text
Messaging While Driving,"any and all text messaging by Federal employees is banned:
a)while driving a Government owned vehicle(OOV)or driving a privately owned
vehicle(POV)while on official Government businw;orb)want any electronic
equipment supplied by the Government when driving any vehicle at any time.All
cooperators,their employees,volunteers,and contractors are encouraged to adopt and
ease s or 10 (Say.9-15)
aratm.rano smite r _ maeanasrr
ra.esssa.t,
album policies that ben tort messaging whet drivigg company owned,leased or doled
vehicles,POW or OOVa edhesr driving utile on olSedal Oovrusumat badman or when
performing any work for on balidf oft e Ooveramcat.
V. Any information finis ud to Sic U.B.Forest Service mala this agmement is abject to
tie Freedom of Information Aet(5 U.S.0 552).
W.nil ytee>aent is exscded as of the dais of the let sigma=and,=Ws sooner
tamninsted,shall be effective for a period of Eva yeas through 4/16/2023.
X. By sivuque below,each party certi5ss that the individuals listed in bis doe mast ere
npeesenheHva of the individual pestles aro nrborised to sat in their respective areas for
matters misted to this agreement. In whams whereof;the partial hereto have esocuted
this averment as of the last date written below.
JOE DISALY%SHERIFF Data
Pitkin County SherifFs Department
A.. IP, 61-144__?
coir • Forest Supmviaor Dace
U.S.Forest Service, River Nalionsi Forest
4c/r1747
T?iv ,BOCC Chair Date
County Commissioner
(4=/51;s1
DEMON,Special Agent in Charge
Ragan 2,Rooky Mountain Region
ry.9 of to fin.94S)
'USDA,Pune NONA. ' armor -07n11-19804
The authority mad format adds Mreement have been reviewed and approved f
signature.
M.WOOLLBY,OdfA Specialist
• U.S.Forest Service,Wbite River National F
Ihrle WNW
Asit♦bhPamela IbbeloAdalMPS aswpmAA l.dud■*ow,.rap wIsWe1+Mrsagabaaasdaeatad rdsm
.rel dudes,s WIOIIIwad awab.The odd eldamid.NarMMib.rmsoba.Ial NW e.Iwo NOW bssoraber
YMesobs~es MWNW Mdump Shaw wwpsmbbirMMold aaAessr.aeaelaatiwaa Mobs Ebmob WW1/awl
sailuiri IA SW added,ad assilsIrs ordiesNIA.0111WINSOaen■.b.
aawalww.arNNW del WibMradILA eaplsed WarsormadlaMgiMau Win,hatm►bApraa,dim
doWissi .l
poemNI *ice 4rpadded Iswiupws RWIWINNOIDA!eir +►br�auaaa1M�+. .. OWN Isms Iilam
p.m palIlI►unplug tit Nab lir flexdill Nlaadmsarpopew soisti loam.a Mid bNOS lad/Wei appban
WWWW pwaiasal AndsN Vwslbas Swim ebasal
h am AS ds0Ws Was assist esswIn mos st ammedolid IA pope Minim NA.NW,SW AWL wWWPA Amid= i
*4 NNW laa�a�R
NWdeedbe awpwabApq�RWONTMlaTCares.afar!)MINSIranaMTTT)al es MI'Salla
ep1/1enema AAMway,wpm Ma.d.warrinn nit* Ww raahrhaWOW
Is h a WWww 6aAalil511 w./WS.aaaprb h USIA ploy.,Oariil.CoWN Iowa WOW.W air al Ira b pia!area
oWla_dw Cow♦tlw W r INN Usaw aro w ale a Mar asbaaaM b MA ad peal r M MM a1 of No sie.a.aatsoaM/M M ties Is
mod•soft dasswildi Mid rim soma arae Iwr w4me rn st we b VIVA if(1)wet U.I.W eller r VW"0lll al
h AMbt balm M 0M AWN we taipiioa Awe"SW,wwwiew at oases*res be p4 s50N12 w 13t awt
pPe,Y ^tar-WMleasodaMMpw11.,wdass.erMAW
Paye 10 of 10 (0ay.9.1 S)