Loading...
HomeMy WebLinkAboutCooperative Law Enforcement AgreementUSDA , Forest Service 0MB 0596-0217 FS-1500-8 FS Agreement No . 19-LE-11061700-009 Cooperator Agreement No. --------- COOPERATIVE LAW ENFORCEMENT AGREEMENT Between COUNTY OF KITTITAS And The USDA, FOREST SERVICE OKANOGAN-WENATCHEE NATIONAL FOREST This COOPERATIVE LAW ENFORCEMENT AGREEMENT(' Agreement') is entered into by and between County of Kittitas, hereinafter referred to as "the Cooperator," and the USDA, Forest Service, Okanogan-Wenatchee National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of the Cooperative Law Enforcement Act of August 10, 1971, Pub. L. 92-82, 16 U.S.C. 55 la. Background: 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 administration and regulation of NFS lands and the Cooperator has a limited amount of financing to meet their responsibility of enforcing these laws. · Title: Cooperative Law Enforcement Agreement with Kittitas County Sheriffs Office I. PURPOSE: The purpose of this agreement is to document a cooperative effort between the parties to enhance State and local law enforcement in connection with activities on NFS lands and provide fpr reimbursement to the Cooperator for the intensified portion of this effort. In consideration of the above premises, the parties agree as follows: II. 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/agents of the Cooperator 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 exist. C. Provide uniformed officers/agents with marked vehicles to perform all activities unless agreed to otherwise in the Annual Operating Plan. Page I of9 (Rev. 9-15) USO .-\. Fore st .:rvi cc 0 1--113 0596 -0c I FS-15 00-S D. Advise the U.S. Forest Service Principal Contact, li sted in Provision lV-B. o f any suspected criminal activities in connection with activities on N FS lands . E. Upon the request of the U.S. Forest Service . di spatch additional deputies within manpower capabili ties during extraordinary si tuati ons as described in Provision IV-J. F. Comple te and furnish annually the U.S. Forest Service with Form FS-5300-5 , Cooperative La-..,v Enforcement Activity Report , identifying the number of crimes occurring on NFS lands. The report shall follow the FBI Uniform Crime Reporting groupings , Part rand Part [I offenses. Offenses and arrest information shall be combined and reported for each crime . Thi s report shall separate the crimes handled under this agreement from those handled during regular duties. G. Pro v ide the U.S. Forest Service Principal Con ta ct, listed in Provision [V-8, 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 Cooperator's actual costs incurred to date , displayed by separate cost elements, excluding any pre vio us U.S. Forest Service paymenr(s ) made to the date of the invoice , not to exceed the cumulati ve funds obligated hereunder and as specified on the Annual Operating Plan. Bill ing frequency will be as specified in the Annual Operating Plan. See related Pro visions III-B , lV-l and IV-P . I. Give the U.S. Forest Service or Comptroller General, through any authorized representative , access to and the right to examine all records related to this ag ree ment. As used in this provision, ·'records" include bo oks, documents, accounting procedures and practice s, and other data , regardless of type and regardless of whether such items are in wTitten fonn, in the fonn of computer data , or in any other form. J. Comply with all Federal statutes relating to nondiscrimination and all applicable requirements of a ll other Federal laws , Executive Orders , regulations, and pol icies . These include , but are not limited to Sections 119 and 504 of the Rehabilitation Act of 1973 as 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 current infonnation in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annuall y 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 (SA M) means the Federal repository into \Vhich an entity must provide 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.sam .!rnv. Page2of9 (Re v. 9-15) USDA . For.:s t .:rvic.: 0 M B 0596 -0J 17 FS-15 00 -S Ill. THE U.S. FOREST SERVICE SHALL: A . Perform in accordance with the Annual Operating P la n attached a s Exhibit A. B. Re imburse the Cooperator for actual expenses incurred not to exceed the estimated amount shown in the Annual Operating Plan. The U.S. Fo rest Serv ice will make pa yment fo r project cos t s up o n receipt of an in voice. Each correct invoice shall display the Coope rato r's actual expend itures to date of the inv o ice , displayed b y separate cost elements as do cumented in the Annual Operating Plan , le ss any pre vious U-5. Forest Service paymen ts. Se e related Provisions lI-H and I V-I The invoice should be forwarded as follows: Submit original invoice(s ) for pavment to: USDA, Forest Service Albuquerque Service Center Payments -Grants & Agreements IO I B Sun Avenue NE Albuquerque, NN[ 87109 FAX:(8 77)6 87-4894 E-l [a il: asc iza /@.fs.fed.us Send copv to: USFS Law Enforcement & [nvestigations ATTN: Shirley Tutino O kanogan-Wenatchee National Forest 215 Melody Lane Wenatchee , WA 9880 l Phone: (509) 664-9234 E-Mail: stutino(@.fs.fed.u s ***FIRE Billing, refer to current calendar year Annual Operating Plan *** IV. IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE PARTIES THAT: A. The parties will make themselves available, \Nhe n necessary to pro vi de for continuing consultation, exchange in forrnati_on, aid in training and mutual support, discuss the conditions covered by this agreement and agree to actions essential to fu lfi ll its purposes . 8. The princ ipa l. c o ntacts for this agreement are: Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Gene Dana, Sheri ff Clay Myers, Undersheriff Kittitas County Sheri ff s O ffice Kittitas County Sheri ffs O ffice 307 W. Umptanum Road 307 W . Umptanum Road Ellens burg, WA 98926 Ellensburg, WA 98926 Telepho ne: (509) 962-75 25 Telephone: (509) 962-7525 FAX: (509) 962-7599 FAX: (509) 962-7599 Email: !!ene .d anal@.co.kittitas. wa.us Email: clav .mvers@.co.kittitas.wa.us Page3 of 9 (Re v. 9-15 ) Cooperator Administrative Contact Kim Dav · on , dministrative Assistant Kittitas County Sheriffs Offi ce 307 W. Umptanum Road Ellensburg, WA. 98926 Tel phone: (5 09) 962-7089 Emai l: kim.dawson@.co.kitt itas.wa.us Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact Laur nee O lson, Patrol Captain Okanogan -Wenatchee l ational Forest 2 l5 Melody Lane Wenatchee, WA 9800 l Tele phone: (509) 664 -9 236 FAX: (509) 664 -9290 Emai l: lwolson(@Js.fed .u s U.S. Forest Service A dministrative Contact Shirley Tutino, LEf Program Assistant Okanogan-Wenatchee Nationa l Forest 215 Melody Lane Wenatchee, WA 9880 l Telephone: (509) 664-9324 FA.,'{: (509) 664-9290 Email: stutino@fs.fed.us U.S. Forest Service Grants· and Aareement Contact Amy Ve rellen Okanogan-Wenatchee National Forest 2 15 Melody Lane Wenatchee, WA 9880 I Telephone: (509) 664-923 l FA..-'{: (509) 664-928 l Email: averellen(a)fs .fed.us 0MB 0 '96 -0J I 7 f' "-1500 -' C. An Annual Operating Pl a n w i ll be negotiated on a calendar year basis. At the end of the year, fund s not spent may be carried forward to the next year, o r de-obligated at the request of the U.S. Fore st Service. U pon expiration of the Cooperative Law Enforcement Agreement, funds not spent w ill be de-obligated. D . This agreement h as no effect up o n the Cooperator's right to exerc ise civil and criminal jurisdiction on NFS lands nor d oes this agreement have any effect upon the responsibility of th e U.S . Forest Service for the e nforcement of federa l laws and regulations relative to NFS lands. E. Any A nnual Operating Pl a n added to this agreement\'. ill be j o intly prepared and agreed to by the parties. The Annual Ope rating Plan shall at a m inimum contain: l. Specific language stating that the Annual Operating Plan is being added to this agreement thereby subjecting it to th e terms of this agreement. 2 . Specific beginning and e ndin g dates. Page 4 of9 (Rev . 9-15) USDA , Forest Servi ce 0MB 0596-021 7 FS-1500-8 3 . Bilateral execution prior to any purchase or the performance of any work for which reimbursement is to be made. 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. 5. An estimate of the useful life of any equipment purchased under this agreement as required by Provision IV-K. 6. Billing frequency requirement(s). See related Provisions 11-H and 111-B. 7. Designation of specific individuals and 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 officers/agents of the Cooperator performing law enforcement activities under this agreement are, and shall remain , under the supervision, authority, and responsibi lity of the Cooperator. Law enforcement provided by the Cooperator 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 agreemei:it. H. Federal Communication Commission procedures will be followed when operating radio(s) on either party 's frequency . I. The Cooperator's reimbursable expenses must be: listed in an approved Annual Operating Plan; expended in connection with activities on NFS lands; and expenses beyond those which are normally able to provide . J. During extraordinary situations such as , but not limited to: fire emergency, drug enforcement activities, or certain group gatherings, the U.S . Forest Service may request to provide additional special enforcement activities. The 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 incurred by the Cooperator in equipping or training its officers/agents to perform the additional law enforcement 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 under this agreement. Page 5 of9 (Rev . 9-15) USDA, Forest Service 0MB 0596--0217 FS-1500-8 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 useful life of such equipment shall be included. When purchased , equipment use rates shall include only operation and ma intenance costs and will exclude depreciation and replacement costs. Whether the Cooperator 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 in the Annual Operating Plan. When the U.S . Forest Service provides equipment, the transfer shall be documented on an approved property transfer form (AD-107) or equivalent. Title shall remain with the U.S. Forest Service, however; the Cooperator shall ensure adequate safeguards and controls exist to protect loss or theft. The Cooperator shall be financially responsible for any loss at original acquisition cost less depreciation at the termination of the agreement. The Cooperator is/are responsible for all operating and maintenance costs for equipment that the U .S. Forest Service has reimbursed the Cooperator for and /or transferred to the Cooperator under the AD-107 process or equivalent. L. Equipment and supplies approved for purchase under this agreement are available only for use as 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 $5,000.00, purchased by the 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 all equipment purchased throughout the 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 CFR 3016.32. M. When no equipment or supplies are approved for purchase under an Annual Operating Plan, U .S. Forest Service funding under this agreement is not available for reimbursement of the Cooperator's purchase of equipment or supplies. N . When State conservation agencies have the responsibility for public protection in addition to their normal enforcement responsibility, their public protection enforcement activities may be included in Annual Operating Plans and are then eligible for reimbursement. Reimbursement is not authorized to State Conservation Agencies for enforcement of fish and game laws in connection with activities on NFS lands. 0 . Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to the Cooperator in excess of the amount to which the Cooperator is/are finally determined to be entitled under the terms and conditions of the award constitute a debt to the federal Government. If not paid within a reasonable period after the demand for payment, the Federal awarding agency may reduce the debt by: Page 6 of9 (Rev . 9-15) USDA, Forest Service 0MB 0596-0217 FS-1500-8 l. Making an administrative offset against other requests for reimbursements. 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 debt in accordance with 4 CFR, Chapter II "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 being performed. The U.S. Forest 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 any 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 date of termination. R. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS: All non federal government entities working on this agreement will adhere 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 report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are 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 classified information. (d) If the Government determines that the recipient is not in compliance with this award provision, it: (I) Will prohibit the recipient's 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 Page 7 of9 (Rev . 9-15) USDA , Forest Serv ice any successor provision of law; 0 MB 0596-0217 FS-15 00-8 (2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions . S. Federal wage provisions (Davis-Bacon or Service Contract Act) are applicable to any contract developed and awarded under this agreement where all or part of the funding is prov ided with Federal funds. Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contract Act wage provis ions apply to service contracts in excess of $2,500 . The U.S. Forest Service will award contracts in all situations where their contribution exceeds SO percent of the cost of the contract. If the Cooperator is/are approved to issue a contract, it shall be awarded on a competitive basis. T. This agreement in no way restricts the U .S . Forest Service or the Cooperator from participating in similar activities with other publ ic or private agencies, organizations , and individuals. U . In accordance with Executive Order (EO) 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 (GOV) or driving a privately owned vehicle (POV) while on official Government business; orb) using 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 enforce pol icies that ban text messaging when driving company owned , leased or rented vehicles , POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. V. Any information furnished to the U.S. Forest Service under this agreement is subject to the Freedom oflnformation Act (S U.S.C. 552). W . This agreement is executed as of the date of the last signature and, unless sooner terminated, shall be effective for a period of five years through December 31 , 2023 . X . By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below. Page 8 of9 (Rev . 9-15) USDA. forest S.:rvicc GENE DA.l"lA , Sheriff Ki tt itas County Sheriffs Office MJCHAEL R. WILLIAMS, Forest Supervisor U.S. Forest Service, Okanogan-Wenatchee National Forest J BYAS, Special Agent in Charge Region 6 Pacific Northwest Date Date Date The authority and format of this agreement ( 19-LE-l l 061700-009) have been reviewed and approved for signature. Ai\1Y ri. VERELLEN Date U.S. Forest Service Grants Management Specialist Burden Sta leC11€11t 01'IB 0596-0J I 7 FS-1 ·oo . A=rc!ing to the Paperwoik Reduellon Act of 1995, an agency may not conduct or sponsor. and a person is not required ta respond :a a a:lledicn of infollllation unless it displays a va lid OMS CXlnlrol mimber. The val.~ 0MB control number for this inrormaoon collection is 0596-0217. The time required Ill ccmp!ete this information collection is estimated to average J hcurs per response , indud ing the time fer review ing instructions, searching existing data soo=. gathering and maintaining ihe data neeced . aml completing ar.d reviewir,g the co ltedion of information. In a=roance with Federal civi rights law and U.S. Department of Agriculture (USDA) C'lil rights regula tions and po licies. the USDA, its Agencies, offices. and emp loyees. and institutions pal1bpaling in or admilisle!ir.g USDA programs are proh ibited from discriminating based on race, colar, national origin. re&;;ion, sex, gender identity (induding gender expression). sexual orientation, disability, age, marital status, family/parental status , incooie derived from a public assistance program, po litical beliefs. or reprisal or retaliation for prier civil rights activity , in any program or activity conducted or funded by USDA (not all bases apply to an programs). Remedies and corr.plaint filing deadlines vary by program or incidenl ?erscns with disabilities who require alternative rreans of communication for program information (e.g., Bra illa, large print au<f10tape , American S:gn Language, etc.) should contact the responsille Agency or USOA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through Ille Federal Relay Service at (800) 877-3339. Additionally, program ilfollTli!tioo may be made available in languages other than English . Ta fi le a program discrimination complaint ccmplere 11'.e USDA Program Discrimina tion Compla int Form . AD.J027, !oornl oofir.e at Ho-• lD File a ?rcgram Discrimination Complaint and at any USDA office or write a letter ac'dressed ta USDA and provide in the letter an of the infonnation reques4.ed in 1he fonn. To request a copy of the complaint :Crm. call (866) 632-9992. Submit your completed form or letter to USDA by : (1) mail : U.S. Department of Agricuul!. Office o/ the Assistant Secretary for Civil RiJhls. 1400 Independence Avenue. SW, Washington , D.C. 20250-9410; (2) f2x: (202) 690-7442: or (3) email: program .in take@usda.gov . USDA is an equal opportunity provider, employer, and lender. Page9of9 (Rev. 9-15) FS Agn:e menr No. 0M B 0596 -0 2 17 F -1500-SA 19-LE-11061700-009 ---------Modi fi ca tio n No . EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERA.TING PLAN & FINANCIAL PLAN Between COUNTY OF KITTITAS And the USDA, FOREST SERVICE OK.<-\NOGA.N-WENATCHEE NATIONAL FOREST 2019 ANNUAL OPERATING A:\TD FTNANCJAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan ). is hereby made and entered into by and between K itt itas County Sheriff's Office hereinafter re ferred to as ' the Cooperato r," and the USD , Fo res t Serv ice, Okanogan-Wenatchee t ational Forest, hereina ft er referred to as the "U .S. Forest Serv ice ," under the pro v isions of Cooperati e Law En fo rcement Agreement # 19-LE-l I 061700-009 executed on date o f last signature . This Annua l Operati ng Plan is made and agreed to as o f th e las t date signed below a nd is for the est ima te d peri o d beginning January I , 2019 a nd e nd in g De ember 3 I , 2019. Current 2 01 9 Year Ob li gation: $47 ,960 .00 CY2019 Total Annual Operating Plan: 547,960.00 I. GENERAL: A. T he fo llow ing individuals shall be the designated and alternate rep resentati ve(s) of each party, so designated to make or receive requests for special enforcement activ iti es. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Gene Dana, Sheriff Clay Myers , Undersheriff Kittitas County Sheriffs O ffice Kittitas County Sheriffs O ffi ce 307 W . Umptanum Road 307 W. Umptanum Road Ellensburg, WA 98926 E ll ensburg, WA 98926 Telephone: (509) 962-7525 Telephone: (509) 962-7525 F~'<: (509) 962-7599 FAX: (509) 962-7599 Email: eene.dana(a)so.kittita s . wa .us Email: cla v .mvers@ c o .kittitas.wa.us Pagel of& L'S DA. fo rest ·en ice Cooperator Administrative Contact Kirn Da wson. Admi ni stration Assistant Kittitas Count ~heriffs Office . 307 \V_ Umptanum Road Ellensburg WA 98926 Tekphone: (509) 962-7089 Email: kim.dawson (a)co .kittita s . wa.us , ·-- .. 0 MB 0596 -0~ 17 FS-1500 -SA ; Principal U.S. Forest Scn'ic e Contacts: U.S. Forest Service Program 1 lanager Con tact Laurence Olson, Patrol Captain Okanogan-Wenatchee t ational Fore t 215 Melod y Lane Wenatchee, v A 9880 l Telephone: (509 ) 66-i -9236 FAX.:. (509) 664-9290 Email.: lwolson @fs.fed.us U.S . Forest Service Administrative Contact Shirley Tutino LEI. Program Assistant Okanogan-Wenatchee National Forest 2 l 5 Melody Lane Wenatchee, WA 9880 I Telephone: (509) 664-9324 FAX: (509) 664-9 290 Email: stutino(@ fs .fed.us U.S. Forest Service Grants and Agreement Contact Amy Verellen Okanogan-Wenatchee National Forest 215 Melody Lane Wenatchee WA 98801 Telephone: (509) 664-9231 FAX: (50 9) 664-928 l Email: averellen @fs.fed.us B. Reimbursement for a ll types of enforcement actLvities..shaU beatthe fa.I lowing rateS---- unless specifically stated otherwise: Wages at the prevailing rate of 555.00/hour. II. PATROL ACTIV1TIES: A. T ime schedule fo r patrols \.vill be flexible to allow for emergencies, other priorities , and day-to-day needs of both the Cooperator and the U .S. Forest Service. Ample time will be spent in each area to make residents and vis itors aware that law enforcement officers are in the vicinity. B. Cooperator w il l assign a uniformed Officer(s) in a marked vehicle to provide in vestigative patrols and enforcement of State and/or County Statutes for the protection of the Natio na l Forest v is itors and their property o n the Cle Elum Ra nger District. Page 2 ofS USDA, Forest Service 0MB 0596-0217 FS-1500-8A Between January I, 2019 and December 31, 2019, provide approximately 20 hours per week. The area of patrols will vary. A minimum of 12 patrol hours should occur between noon Fridays and midnight Sundays, and should occur during the afternoon and evening hours. The Cooperator has the authority to request adjustment of the patrol hours when unforeseen circumstances or emergency situations occur. Any changes to the schedule of services requested may be made with prior approval of the U.S. Forest Service representative. Patrols will be conducted in the following manner: 1. Patrol Areas: Proactive criminal patrol on Forest roads, campgrounds, developed sites, dispersed camping areas, and trailheads. Coverage will be provided throughout the District at varied times of both day and night, visible to the public with no .set pattern. Weekly emphasis patrols should occur between the hours of 8:00 p .m . and 12:00 a.m. midnight. The objective is to provide security, public safety and order for Forest visitors and to establish a visible presence to discourage vandalism, theft, harassment, disorderly conduct, unreasonable noise and other unacceptable behavior in the campgrounds and other high-use recreation sites. 2 Forest User Contacts: Patrols should include personal contacts with the public as opportunities occur. It should include campers, hunters, fishennen, firewood cutters, ORV/ATV operators and other recreationists. 3. Coordination: The Cooperator shall maintain regular communication, schedule coordination, and collaboration with Forest Service Law Enforcement Officers. The Cooperator should periodically attend Cle Elum Ranger District meetings, and gather and disseminate information to forest users regarding fire restrictions, forest products, or other information helpful to the visiting public. Radio communication with U.S. Forest Service employees is encouraged. Total reimbursement for this category shall not exceed the amount of: $47,960.00. III. SPECIAL ENFORCEMENT SITUATIONS: A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement, and certain Group Gatherings . 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 Page 3 of 8 s USDA , Forest Service 0MB 0596-0217 FS-tSC0-8 A 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 Cooperator, whether funds will be authorized for reimbursement. If funds are authorized, the parties will then jointly prepare a revised Annual Operating Plan . I. 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-8. Deputies assigned to the incident will coordinate all of their activities with the designated officer in charge of the incident. 2. Fire Emergency: During emergency fire suppression situations and upon request by the U.S. 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 1-8 ; the U.S. 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. 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 U.S. 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. Deput ies assigned to this type of incident will normally coordinate their activities with the designated officer in charge of the incident. IV. BILLING FREQUENCY: See Cooperative Law Enforcement Agreement Provisions 11-H and 111-B for additional information. A. The Cooperator will submit invoices for reimbursement of services provided under Sections II and III of this Operating Plan, on a quarterly basis. The statement will be in sufficient detail to allow the U.S . Forest Service to verify that expenditures are authorized. [nvoices shall be printed on the County 's department letterhead and shall include the following: Page 4 of8 U DA. forest cr\'icc I. Agreement number 2 Date of In voice 3. Actual dates of service (MM/DD/Y Y to MM /DD /YY) 4. Desc rip tion of servic es and corresponding rate 5. A reas patrolled and miles travelled on NFS lands 6. Co pi es of completed Dai ly Activity Rep o rts The in voice shall be sent to ASC for paym e nt to th e following address: US DA Forest Service Albuquerque Service C e nter P ayments-Grants and Agre ements IOI B Sun Ave N E Albuquerque, NM 87109 Invoices may also be faxed to: 1-877-687-48 94 F AX cove rsheet s hould be addressed to: U SD A Forest Serv ic e ASC-Payments-Grants and Agreements The statement should also be sent to th e fo llowin g address: US FS Law Enforcement & r nve stigations A TIN: Shirley Tutino, Program Assistant Okanogan-Wenatchee Nat ion a l Forest 215 Melod y Lane Wenat chee, WA 98801 Email: stutino(a).fs.fed.us 0MB 0 596 -0~ I FS-1500 -SA B. For reimbursement of services provided under Sections UI. B. l a nd lll. B . 3 of this Operating Plan , billing instructions w ill be specified as above in IV . A. C. For reimbursement of Fire Emergency serv ices pro vided under Section lfl. B. 2 of this agreement:, the following billing pro cedure will be used : I. Rates: The rates of reimbursement for fire emergencies are specified in Section L Where seasona l and/or reserves are used and actual expenses are le ss than the s tated rate , actual expenses w ill be billed and reimbursed. Specialized Equipment Rates ar e included as Attachment A to this Annual Operating Pf au. 2 Fire Billing Documentation: [n vo ices for re imbursem e nt of se r ices for each incident must include agency na me , fire number, job code, in voice date, brief descr iption of the services pro v id e d , milea ge, o ther autho riz ed expenses, amount of pa yment re ques t, agreement numbe r. a copy of th e current Page 5 of8 s USDA, Forest Service 0MB 0596-0217 FS-1500-8A *** operating plan and indi vi dual emplo yee times and their agreement rate. Such times will be documented on Crew Time Reports , shift tickets or other agreed- upon fonn. Other authorized expenses must be documented and approved by an Agency Representat iv e. All incident shift tickets and expenses must be approved by incident management personnel who will then prepare an Emergency Use Invoice and, upon concurrence of the Cooperator , will submit the invoice for payment to the Albuquerque Service Center, Incident Finance, along with a copy of the current OperatingPlan. Original documentation will be maintained by the U.S. Forest Service in the appropriate fire documentation tiles or appropriate incident management personnel; the Cooperator will maintain copies of all such documentation . FIRE BILLING. The supporting party shall submit a bill within 120 days from date of the incident. Billing must include the following information and documentation: Invo ice showing the following required elements • Invoice or bill number • Invoice Date • County Law Enforcement name, address, phone number, and agency financial contact • Agreement Number • Unique Resource Order Number (shown on Resource Order) • Fire financial accounting code number (shown on Resource Order) • Inclusive dates • Name of incident , incident number, and location of incident • Itemization of costs to support the billing with adequate documentation attached to show the type of resource used, identifying number, name of operators and positions held, cost per unit and total cost • Copy of the Resource Order from NEW ICC (Colville) or CWICC (Oka-Wen) • Original pages of signed Emergency Equipment Shift Tickets Adequate documentation is defined as : copies of resource orders, transaction statements (or equivalent), approved emergency equipment shift tickets , or crew fire time reports to support all billings to the U.S. Forest Service. The invoice with original signature and supporting documentation are to be submitted by the County Sheriff's Office to the local U.S. Forest Service approving official: Page 6 of8 ITT ~ U Dr\. fo rest crvi cc Laurence Olso n, Patro l Captain Okanogan -Wenatchee National Fores t 2 l 5 Melody Lane Wenatchee WA 9880 I Tel: 509-664-9236 FAX: 509-664-9290 Email: lwo ls o n@fs.fed.us 0MB 05 6-0 ~ 17 FS -15 00-SA 3. For each inciden t, each piece of equipment pro v id e d by the County s hall ha ve a s eparate Em e rgenc y Equipment Shift Ticket (OF-297) prepared showing compensable time for one ope ration period. The County and the U .S. Forest Serv ice O fficia l responsible for directing the work of the equipment is responsible to see the shift tickets are completed. Any known defects or damage to equipment going on or off shift must be documented in the "Remarks" section. Shift Ticke ts mu st be signed by t he responsible Fire line supervisor oversee ing the res o urce. D. The following is a breakdown of the total estim ate d costs associated with th is A nnual Operating Plan. Category Estimated Costs Not to Exceed by% Patro l Acti v iti es $47 ,960.00 N I A Fire Support As Needed NI A Total $47,960.00 NIA E. Any remaining funding in this Annual Operating Plan may be carried forward to the next fis cal year and w ill be available to spend through the term of the Cooperati ve La w Enforcement Agreement, or de-obligated at the request of the U.S. Forest Serv ice. See Cooperative Law Enforcement Agreement Pro vision I V-C. F. By signature below·, each party certifies that the indi v iduals li sted in this document as representatives of the ind iv idual parties are authorized to act in their respecti ve areas for matters related to this agreement. ln witness whereot: the parties hereto ha ve execute d this Annual Operati ng Plan as of the lastd~~ )'H /) GENE DA NA , Sheriff Date Kittitas County Sheriff s Office MlCHAEL R. WlLLfAMS, Forest Supervisor Date U.S . Forest Service , Okanogan-Wenatchee Nationa l Forest Pag e 7 o fS USDA. Forest Scrvici.: 0MB 05%-0_ 17 FS-1 ·oo -S,\ The authority and fonnat of this agreement (19-LE-11061700-009) have been reviewed and approved for signature. fda O -~ AMY&RELLEN U.S. Forest Service Grants Management Specialist Burden Statement Accoo!ing to Ille Paperwork Redudion Act of 1995, an agency may not ccndt.'tt or sponsor. and a person is not required to respond to a collection of information un.Tess it d"tsplays a vafld 0MB control number. The valid 0MB control numl:er for this inionnaoon col!ec:icn is 0596-0217. The time requ ired ID complete !his infornlation collection is estimated to average 3 hours per response. indudir.g Ille lime fo r reviewing inslrudions . search ing existing data sources, gathering and maintain ing Ille data needed, and =pleting and reviewing the collection of information. The U.S. Cepanment of Agricu lture (USDA) prohibits discrimination in all its programs ar.d activities on ttie basis of race, color. national origin, age, disability, ar.d whae applicable, sex. marital status, famifial sfatus, parental status, relig icn', sexual orientation , ~lie infonnalion, political be fiels , reprisal, or because all or part of an individuars income is deri',ed from any public assistance. (Not an prohilliled bases apply ii all programs.) Persons with disabilities who require al!ema1ive means for communication of program information (Braille, large print. audiotape, etc.) shotlld contact USDA's TARGET Center at 202-720-2600 (voice anc1moi To file a complaint of <fisc:imination, write USDA, Directer, Office of Ci'ltl Rights, 1400 Independence Avent.<e, SW, Washingkm, DC 20250-9410 or call toB free (a66) 632-9992 (voice). TOO users can contact USDA lhrough local relay or tile Federal relay at (BCO) 877-8339 (TDD) or (866) 377.a642 (relay voice). USDA is an ~ opportunity provider and employer. Page 8 of8 2019 Annual Operating Plan (Attachment A) 19-LE-11061700-009 Marine vessel Operating Costs Specialized Equipment and Rates Marine 1 W/TRLR -0212 2003 CUSTOM W ELD COBRA SE 20 ' W /1 OUTBOARD MOTOR VIN # WFE01831283 Deputies -Reg Time Deputies-OT Maintenance Insurance or other costs Marine 2 W/TRLR-0613 2007 ROGUE SCRAMBLER VIN# URG01451H607 Deput ies-Reg Time Deputies-OT Maintenance Insurance or other costs Marine 3 W/TRLR -1009 2010 EMERSON JET BOAT VIN# EBW -PD18001512010 Deputies-Reg Time Deputies-OT Ma i ntenance Insurance or other costs SEAD OO S W/TRLRS (2 ) 2014 00023EG00 Personal Watercra ft w /trlrs Deputies-Reg Time Deput ies-OT Ma i ntenance Insurance or other costs Cost Quantity Rate Total Base Hourly= $84 .74/OT Hourly= $112.74 $54.00 1 Hourly $54.00 $82 .00 1 Hourly $82.00 $20 .00 1 Hourly $20 .00 $10.74 1 Hourly $10.74 Total Hourly $see Above PLUS FUEL COSTS Cost Quantity Rate Total Base Hourly= $84 .74/OT Hourly= $112.74 $54.00 1 Hourly $54.00 $82.00 1 Hourly $82.00 $20 .00 1 Hourly $20 .00 $10 .74 1 Ho urly $10 .74 Total Hourly $see Above PLUS FUEL COSTS Co st Quantity Rate Total Base Hourly= $84 .74/OT Hourly= $112 .74 $54 .00 1 Hourly $54.00 $82.00 1 Hourly $82.00 $20.00 1 Hourly $20.00 $10 .74 1 Hourly $10.74 Total Hourly $see Above PLUS FUEL COSTS Cost Quantity Rate Total Base Hourly= $66 .15/OT Hourly= $94 .15 $54.00 1 Hourly $54.00 $82.00 1 Hourly $82 .00 $10 .00 1 Hourly $10.00 $2 .15 1 Hourly $2.15 Total Hourly $se e Above PLUS FUEL COSTS Kittitas County Review Form Grants & Contract Agreement Today 's Da t e Agenda Date Febru ary 11 , 2019 February 19, 2019 Fund /Department 30/She ri ff Contract/Grant Information Contract /Grant Agency : 2019 Cooperative LE Annual Operating Plan & Financial Plan between the Kittitas County Sheriff's Office and the USDA , Forest Service Okanogan-Wenatchee National Forest {SH19-005} Period Begin Date: January 1, 2019 I I Period End Date: December 31, 2019 Total Grant/Contract Amount: $47,960.00} Grant/Cont ract Number: #19-LE-11061700-009 Contract/Grant Summary: This agreement is between the Kittitas County Sheriff's Office and U.S. Fo re st Service . The purpose of this agreement is to document a cooperative effort between the parties to enhance State and local law enforcement in connection w ith activities on Nat ional Fores t Service lan d s and provide for reimbursement to the Kittitas County Sheriff's Office . Financial Information Total Amou nt $47 ,960.00 State Funds $ Federal Funds $47,960 .00 Percentage Coun t y Funds Match i ng Funds$ CFDA : n/a In-Kind$ Ex pl ai n Is Equ i pment being purchased? No Who owns equipment? New Personnel being hired? No Contact HR hiring-reporting requirements Fut ure impacts or liability to Kittitas County : Budget Information Budget Amendment Needed? YesO att ach budget fo rm No []I Why no t New Division Created? No Funds in 2019 Budget Revenue Code: 001.30 .02 .02 .342 .10 Pass Through Information Agency to Pass Through Amount to Pass Through $ Sub-Contract Approved Date : Grant/Contract Rev iew Page 1 Prosecutor Review I Has the Prosecutor reviewed this agreement? I Yes D No [x] CAMAS #44888 County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted Signature: Date: 02/11/2019 Department: Sheriff Assignment of Tracking Information Auditor's Office Human Resource - Prosecutor's Office ~J~ 'i.fal, 1 Who Signed the grant application I l I ( I Reviewer I Date Grant/Contract Review Page 2