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HomeMy WebLinkAboutSH21-004 USFS Mod and Agreement 02-3-21USDA Forest Service OMB 0596-0217 FS -1500-19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES1 1 12 1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 2. RECIPIENT/COOPERATOR GRANT or 3. MODIFICATION NUMBER: 19 -LE -11061700-009 (Kittitas County AGREEMENT NUMBER, IF ANY 002 Cooperative Law Enforcement 4. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING 5. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4) Okanogan -Wenatchee National Forest Okanogan -Wenatchee National Forest 215 Melody Lane 215 Melody Lane Wenatchee, WA 98801 Wenatchee, WA 98801 6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 7. RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER (For HHS 4, county), payment use only): County of Kittitas Sheriff's Office N/A 307 W. Umptanum Road Ellensburg, WA 98926 8. PURPOSE OF MODIFICATION CHECK ALL This modification is issued pursuant to the modification provision in the grant/agreement THAT APPLY: referenced in item no. 1, above. ❑ CHANGE IN PERFORMANCE PERIOD: ® CHANGE IN FUNDING: Add CY21 funding in the amount of $47,960.00. ® ADMINISTRATIVE CHANGES: Update ASC email address for invoicing. See Exhibit A — 2021 Annual Operating Plan Section IV.A. Update U.S. Forest Service Grants & Agreements contact. See box 9. OTHER (Specify type of modification): Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): This modification is to add the 2021 Annual Operating and Financial Plan and update U.S. Forest Service Grants & Agreements contact from Verellen to Underwood. 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work Exhibit A: 2021 Annual Operating and Financial Plan ® Other: Exhibit B: 2021 Specialized Equipment and Rates 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE -REFERENCED GRANT/AGREEMENT. 11. A. KITTITAS COUNTY SIGNATURE 1 I B. DATE 11. C. U.S. FOREST SERVICE SIGNATURE 11. D. DATE SIGNED SIGNED (Signature of Signatory Official (Signature of Signatory Official 11. E. NAME (type or print): 11. F. NAME (type or print), CLAY MYERS KRISTIN M. BAIL 11. G. TITLE (type or print): 11. H. TITLE (type or print): Sheriff, Kittitas County Forest Supervisor, Okanogan -Wenatchee National Forest USDA Forest Service OMB 0596-0217 FS -1500-19 11. I. KITTITAS COUNTY SIGNATURE 11. J. DATE I 1 K U S FOREST SERVICE SIGNATURE 11. L DATE SIGNED SIGNED (Signature of Signatory Official (Signature of Signatory Official) 11. M. NAME (type or print): 11. N. NAME (type or print): JOHN B YAS 11. O. TITLE (type or print): 1 I P_ TITLE (type or print): Special Agent in Charge 12. G&A REVIEW 12. A. The authority and format of this modification #2 (19 -LE -11061700-009) have been reviewed and 12. E. DATE approved for signature by: SIGNED KELLY Digitally signed by KELLY UNDERWOOD U N D E R WOO D Date: 2021.02 03 15.11:46 -08'00' KELLY M. UNDERWOOD U.S. Forest Service Grants Management Specialist 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 30 minutes 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, political beliefs, 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. 103 USDA, Forest Service OMB 0596-0217 FS -1500-8A FS Agreement No. 19 -LE -11061700-009 Mod 2 Cooperator Agreement No. EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between COUNTY OF KITTITAS And the USDA, FOREST SERVICE OKANOGAN-WENATCHEE NATIONAL FOREST 2021 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between Kittitas County Sheriff's Office, hereinafter referred to as "Cooperator" and the USDA, Forest Service, Okanogan -Wenatchee National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of Cooperative Law Enforcement Agreement #19 -LE -11061700-009 executed on 2/28/2019. 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, 2021 and ending December 31, 2021. Previous Year Carry-over: $0.00 Current 2021 Year Obligation: $47,960.00 Estimated CY2021 Annual Operating Plan: $47,960.00* 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. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Clay Myers, Sheriff Kim Dawson, Administration Assistant Kittitas County Sheriffs Office Kittitas County Sheriff's Office 307 W. Umptanum Road 307 W. Umptanum Road Ellensburg, WA 98926 Ellensburg, WA 98926 Telephone: (509) 962-7525 Telephone: (509) 962-7089 FAX: (509) 962-7599 Email: kim.dawson&co.kittitas.wa.us Email: cla yam ers@co.kittitas.wa.us Principal U.S. Forest Service Contacts: Page 1 of 8 (Rev. 12-13) is USDA, Forest Service OMB 0596-0217 FS -1500-8A U.S. Forest Service Program Manager Contact U.S. Forest Service Grants and Agreement Contact Laurence Olson, Patrol Captain Kelly Underwood Okanogan -Wenatchee National Forest Okanogan -Wenatchee National Forest 215 Melody Lane 215 Melody Lane Wenatchee, WA 98801 Wenatchee, WA 98801 Telephone: (509) 664-9236 Telephone: (509) 664-9393 FAX: (509) 664-9290 FAX: (509) 664-9281 Email: laurence.olson usda.ov I Email: kelt .underwood usda. ov U.S. Forest Service Administrative Contact Shirley Tutino Okanogan -Wenatchee National Forest 215 Melody Lane Wenatchee, WA 98801 Telephone: (509) 664-9324 FAX: (509) 664-9290 Email: shirle .tutino usda. ov B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Wages at the prevailing rate of $55.00/hour. II. PATROL ACTIVITIES: A. Time schedules for patrols will be flexible to allow for emergencies, other priorities, and day-to-day needs of both Cooperator 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. B. Cooperator will assign a uniformed Officer(s) in a marked vehicle to provide investigative patrols and enforcement of State and/or County Statutes for the protection of the National Forest visitors and their property on the Cle Elum Ranger District. between January 1, 2021 and December 31, 2021, provide approximately 20 hours per week. The area of patrols will vary. A minimum of 12 patrol hours 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: Page 2 of 8 (Rev. 12-13) is USDA, Forest Service OMB 0596-0217 FS -1500-8A 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. During the summer season, 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, fishermen, 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 Cie 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 on U.S. Forest Service frequencies 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 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. 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 Page 3 of 8 (Rev. 12-13) is USDA, Forest Service OMB 0596-0217 FS -1500-8A 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 their activities with the designated officer in charge of the incident. 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 U.S. Forest Service will specify times and schedules. Upon concurrence of the local Patrol Captain or their designated representative, or 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. Deputies 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 H -H and III -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. Invoices shall be printed on the County's department letterhead and shall include the following: 1. Agreement number 2. Date of Invoice 3. Actual dates of service (MM/DD/YY to MM/DD/YY) 4. Description of services and corresponding rate 5. Areas patrolled and miles travelled on NFS lands 6. Copies of completed Daily Activity Reports The invoice shall be sent to ASC for payment to the following address: USDA Forest Service Albuquerque Service Center Payments -Grants and Agreements 101 B Sun Ave NE Page 4 of 8 (Rev. 12-13) 1 $ USDA, Forest Service OMB 0596-0217 FS -1500-8A Albuquerque, NM 87109 EMAIL: SM.FS.asc_ga@usda.gov Invoices may also be faxed to: 1-877-687-4894 FAX coversheet should be addressed to: USDA Forest Service ASC—Payments-Grants and Agreements The statement should also be sent to the following address: USFS Law Enforcement & Investigations ATTN: Shirley Tutino, Program Assistant Okanogan -Wenatchee National Forest 215 Melody Lane Wenatchee, WA 98801 EMAIL: shirley.tutino@usda.gov B. For reimbursement of services provided under Sections III. B. 1 and III. B. 3 of this Operating Plan, billing instructions will be specified as above in IV. A. C. For reimbursement of Fire Emergency services provided under Section III. B. 2 of this agreement, the following billing procedure will be used: 1. Rates: The rates of reimbursement for fire emergencies are specified in Section I. Where seasonal and/or reserves are used and actual expenses are less than the stated rate, actual expenses will be billed and reimbursed. Specialized Equipment Rates are included as Exhibit B. 2. Fire Billing Documentation: Invoices for reimbursement of services for each incident must include agency name, fire number, job code, invoice date, brief description of the services provided, mileage, other authorized expenses, amount of payment request, agreement number, a copy of the current operating plan and individual employee times and their agreement rate. Such times will be documented on Crew Time Reports, shift tickets or other agreed- upon form. Other authorized expenses must be documented and approved by an Agency Representative. 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 Operating plan. Original documentation will be maintained by the U.S. Forest Service in the appropriate fire documentation files or appropriate incident management Page 5 of 8 (Rev. 12-13) S USDA, Forest Service OMB 0596-0217 FS -1500-8A 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: Invoice 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 NEWICC (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 Fire District to the local U.S. Forest Service approving official: Laurence Olson, Patrol Captain Okanogan -Wenatchee National Forest 215 Melody Lane Wenatchee, WA 98801 Tel: 509-664-9236 FAX: 509-664-9283 Email: laurence.olson(a)usda.gov For each incident, each piece of equipment provided by the County shall have a separate Emergency Equipment Shift Ticket (OF -297) prepared showing compensable time for one operation period. The County and the U.S. Forest Official 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 Tickets must be signed by the responsible Fire line supervisor overseeing the resource. Page 6 of 8 (Rev. 12-13) 103 USDA, Forest Service OMB 0596-0217 FS -1500-8A D. The following is a breakdown of the total estimated costs associated with this Annual Operating Plan. Category Estimated Costs Not to Exceed b % Patrol Activities $47,960.00 N/A Fire support As Needed N/A Total $47,960.00 N/A E. Any remaining funding in this Annual Operating Plan may be carried forward to the next calendar year and will be available to spend through the term of the Cooperative Law Enforcement Agreement, or de -obligated at the request of the U.S. Forest Service. See Cooperative Law Enforcement Agreement Provision IV -C. F. 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 Annual Operating Plan as of the last date written below. SEE SIGNATURE ON MODIFCA TION CLAY MYERS, Sheriff Kittitas County Sheriff's Office Date SEE SIGNATURE ON MODIFICATION KRISTIN M. BAIL, Forest Supervisor Date U.S. Forest Service, Okanogan -Wenatchee National Forest SEE SIGNATURE ON MODIFICATION Date County Commissioner SEE SIGNATURE ON MODIFICATION JOHN BYAS, Special Agent in Charge Date Region 6 Pacific Northwest Page 7 of 8 (Rev. 12-13) is USDA, Forest Service OMB 0596-0217 FS -1500-8A The authority and format of this agreement (19 -LE -11061700-009 M2) have been reviewed and approved for signature. SEE SIGNATURE ON MODIFICATION KELLY M. UNDERWOOD Date U.S. Forest Service Grants Management Specialist 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, political beliefs, 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 (Rev. 12-13) Exhibit B 2021 Specialized Equipment and Rates Marine Vessel Operating Costs 19 -LE -11061700-009 Kittitas County Sheriff Marine 1 W/TRLR - 0212 Cost Quantity Rate Total 2003 CUSTOMWELD COBRA SE 20'W/1 OUTBOARD MOTOR VIN# WFE01831283 Base Hourly = $84.74/OT Hourly = $112.74 Deputies -Reg Time Deputies -Reg Time $54.00 1 Hourly $54.00 Deputies -OT $82.00 1 Hourly $82.00. Maintenance $20.00 1 Hourly 20.00 Insurance or other costs $10.74 1 Hourly $10.74 Total Hourly $See Above PLUS FUEL COSTS Total Hourly I $see Above PLUS FUEL COSTS Marine 2 W/TRLR - 0613 Cost I Quantity I Rate I Total 2007 ROGUE SCRAMBLER VIN # URG01451H607 Base Hourly = $84.74/OT Hourly = $112.74 Deputies -Reg Time $54.00 1 Hourly $54.00 Deputies -OT $82.00 1 Hourly $82.00 Maintenance $20.00 1 Hourly $20.00 Insurance or other costs $10.74 1 Hourly $10.74 Total Hourly $See Above PLUS FUEL COSTS Marine 3 W/TRLR - 1009 Cost Quantity Rate Total 2010 EMERSON JET BOAT VIN # EBW-PD18001512010 Base Hourly = $84.74/OT Hourly = $112.74 Deputies -Reg Time $54.00 1 Hourly $54.00 Deputies -OT $82.00 1 Hourly 82.00 Maintenance $20.00 1 Hourly 20.00 Insurance or other costs $10.74 1 Hourly 10.74 Total Hourly I $see Above PLUS FUEL COSTS SEADOOS W/TRLRS Cost I Quantity I Rate Total (2) 2014 00023EG00 Personal Watercraft w/trlrs Base Hourly = $66.15/OT Hourly = $94.15 Deputies -Reg Time $54.00 1 Hourly $54.00 Deputies -OT $82.00 1 Hourly $82.00 Maintenance $10.00 1 Hourly $10.00 Insurance or other costs $2.15 1 Hourly $2.15 Total Hourly I $See Above PLUS FUEL COSTS For all Rentals: In the event of a bona fide emergency, the Sheriff may alter the assigned work shifts by giving as prompt as possible notification to the affected employees. Said employees shall not receive overtime for working said rescheduled work shift. The Sheriff shall not reschedule assigned work shifts for purposes of avoiding payment of overtimes, per compliance with the Collective Bargaining Agreement. Other components of the hourly rate will be charged on actual usage. Any portion of an hour used will be rounded up to the nearest quarter-hour increment.