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HomeMy Public PortalAbout2007.08.17 US Dept of Agriculture Cooperative Law Enforcement AgreementFS Agreement No. Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07-LE-11041200-049 82-6000223 188922611 8/17/07 COOPERATIVE LAW ENFORCEMENT AGREEMENT Between the CITY OF MCCALL, POLICE DEPARTMENT And the U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE PAYETTE NATIONAL FOREST This Cooperative Law Enforcement Agreement (agreement) is entered into by and between the City of McCall, Police Department, hereinafter referred to as the Cooperator, and the United States Department of Agriculture, Forest Service, Payette National Forest, hereinafter referred to as the Forest Service, under the provisions of the Cooperative Law Enforcement Act of August 10, 1971, P.L. 92-82. 16 U.S.C. 551a. 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. 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 for reimbursement to the Cooperator for the intensified portion of this effort. In consideration of the above premises, the parties agree as follows: H. THE COOPERATOR SHALL: A. Perform in accordance with the approved and hereby incorporated Special Enforcement Situation Operating Plan. See related Provision IV -I. 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 with the Forest Service Law Enforcement Officer. D. Advise the 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 Valley County to the Forest Service, dispatch additional City officer/agents within manpower capabilities to assist during extraordinary situations. F. Complete and furnish the Forest Service with Form FS-5300-5, Cooperative Law Enforcement Activity Report, identifying the number of crimes occurring on NFS lands during the Special Enforcement Situation. The report shall follow the FBI Uniform Crime Reporting groupings, Part I and Part II offenses. Offenses and arrest information shall be combined and Page 1 FS Agreement No. Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07-LE-11041200-049 82-6000223 188922811 8/17/07 reported for each crime. This report shall separate the crimes handled under this agreement from those handled by the Cooperator during regular duties. G. Provide the Forest Service Principal Contact, listed in Provision IV-B, with case reports and timely information relating to incidents/crimes in connection with activities on NFS lands. H. Bill the Forest Service for the Cooperator's actual costs incurred to date, displayed by separate cost elements, excluding any previous Forest Service payment(s) made to the date of the invoice, not to exceed the dollar amount(s) shown, in accordance with the Special Enforcement - Situations Operating Plan. . I. Give the Forest Service or Comptroller General, through any authorized representative, access to and the right to examine all records related to this agreement. As used in this provision, "records" includes books, documents, 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: (a) Title VI of the Civil Rights Act of 1964 (40 U.S.C. 2000), which prohibits discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of disabilities. The nondiscrimination statement which follows shall be posted in primary and secondary Cooperator offices, at the public service delivery contact point and included, in full, on all materials regarding such Cooperators' programs that are produced by the Cooperator for public information, public education, or public distribution: "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326- W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 220250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer." If the material is too small to permit the full statement to be included, the material will at minimum include the statement, in print size no smaller than the text, that "This institution is an equal opportunity provider." III. THE FOREST SERVICE SHALL: A. Perform in accordance with the Special Enforcement Situations Operating Plan, attached as Exhibit A. B. Reimburse the Cooperator for actual expenses incurred, not to exceed the amount shown in the Plan. The Forest Service will make payment for project costs upon receipt of an invoice. Page 2 FS Agreement No. Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07-LE-11041200-049 82-6000223 188922611 8/17/07 Each correct invoice shall display the Cooperator's actual expenditures to date of the invoice, displayed by separate cost elements as documented in the Special Situations Operating Plan, less any previous Forest Service payments. The invoice should be forwarded as follows: Send original to: USDA, Forest Service Albuquerque Service Center Attn: Incident Business 101 B Sun Ave. NE Albuquerque, NM 87109 Phone: 1-877-372-7248 Fax: 1-866-816-9532 Send copy to: Robb Bryant Law Enforcement Officer Payette National Forest 800 West Lakeside Ave. McCall, ID 83638-3602 Phone: 208-634-0733 E-Mail: rbryant@fs.fed.us IV. IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE PARTIES THAT: A. The parties will make themselves available, when necessary to: provide for continuing consultation, exchange information, aid in training and mutual support, discuss the conditions covered by this agreement and agree to actions essential to fulfill its purposes. B. The principal contacts for this agreement are: Forest Service Contact Robb Bryant Law Enforcement Officer Payette National Forest 800 West Lakeside Ave. McCall, ID 83638-3602 Phone: 208-634-0733 FAX: 208-634-0744 E-Mail: rbryant@fs.fed.us Cooperator Contact Jerry Summers Chief City of McCall, Police Department 216 East Park Street McCall, ID 83638 Phone: 208-634-7144 FAX: 634-7983 E-Mail: summersj@mccall.id.us C. This agreement has no effect upon the Cooperator's right to exercise civil and criminal jurisdiction on NFS lands nor does this agreement have any effect upon the responsibility of the Forest Service for the enforcement of federal laws and regulations relative to NFS lands. D. Any Special Enforcement Situations Operating Plan added to this agreement will be jointly prepared and agreed to by the parties. The Plan shall at a minimum contain: 1. Specific language stating that the Plan is being added to this agreement thereby subjecting it to the terms of this agreement. 2. Beginning and ending dates. 3. Bilateral execution prior to any performance of any work for which reimbursement is to be made. 4. Designation of specific individuals and alternate(s) to make or receive requests for enforcement activities under this agreement. Page 3 FS Agreement No. Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07-LE-11041200-049 82-6000223 188922611 8/17/07 5. A review and signature of a Forest Service Agreements Coordinator. E. Nothing in this agreement obligates either party to accept or offer any Special Enforcement Situations Operating Plan under this agreement. F. The officers/agents of the Cooperator performing law enforcement activities under this agreement are, and shall remain, under the supervision, authority, and responsibility 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 agreement. G. Reimbursable Cooperator enforcement expenses must be: listed in an approved Special Enforcement Situation Operating Plan; expended in connection with activities on NFS lands; and expenses beyond those which the Cooperator is normally able to provide. H. Reimbursement shall include time and travel costs incurred by the Cooperator in performing requested services under the Special Enforcement Situation Operation Plan When the Forest Service provides equipment, the transfer shall be documented on an approved property transfer form (AD-107) or equivalent. Title shall remain with the 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 responsible for all operating and maintenance costs for equipment that the Forest Service has transferred to the Cooperator under the AD-107 process or equivalent. I. 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 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: a. Making an administrative offset against other requests for reimbursements. b. Withholding advance payments otherwise due the Cooperator. c. 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. J. ELECTRONIC FUNDS TRANSFER (EFT) (5/04): The recipient/cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by check by certifying in writing that one of the following situations apply: 1. The payment recipient does not have an account at a financial institution. 2. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving a check. 3. The payment recipient has a physical or mental disability, or a geographic, language, or literacy Page 4 FS Agreement No. Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. barrier. 07-LE-11041200-049 82-6000223 188922611 8/17/07 In order to receive EFT payments the recipient/cooperator shall register in the Central Contractor Registry (CCR). You may register by going to www.ccr.gov and following the instructions provided on line. For assistance, contact the CCR Assistance Center at 888-227-2423 or 269-961- 4725. K. • 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 Forest Service is not obligated to fund any changes not properly - approved in advance. L. The Forest Service, by written modification to this agreement, may extend the term for subsequent performance periods not to exceed a total duration of 5 years from the execution date of the agreement, including the subsequent performance periods. M. 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. N. 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 provided with Federal funds. Davis -Bacon wage rates apply on all public works contracts in excess of $2000 and Service Contract Act wage provisions apply to service contracts in excess of $2,500. The Forest Service will award contracts in all situations where their contribution exceeds 50 percent of the costs of the contract. If the Cooperator is approved to issue a contract it shall be awarded on a competitive basis. O. This agreement in no way restricts the Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. P. Any information furnished to the Forest Service under this agreement is subject to the Freedom of Information Act (5 U.S.C. 552). Q. This agreement is executed as of the date of the last signature and, unless sooner terminated, is effective through September 20, 2012, at which time it will expire unless renewed. R. AUTHORIZED REPRESENTATIVES_ By signature below, the cooperator certifies that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. Page 5 FS Agreement No. Cooperator Tax ID No. Cooperator DUNS No. Cooperator Agreement No. 07-LE-11041200-049 82-6000223 188922611 . In witness whereof, the parties hereto have executed this agreement as of the last date written below. CITY OF McCALL USDA FOREST SERVICE POLICE DEPARTMENT PAYETTE NATIONAL FOREST ERS �luef The authority and format of this instrument has been reviewed and approved for RENSON Grants & Agreement Specialist 8/17/07 N (° • 7//7/e 7 AT SC. RAINVILLE DATE Forest Supervisor Page 6 Payette NF Agreement No. 07-LE-11041200-049 FY2007 SPECIAL ENFORCEMENT SITUATIONS OPERATING PLAN — PAYETTE NF This Special Enforcement Situation Operating Plan is hereby made and entered into by and between the City of McCall, Police Department, hereinafter referred to as the Cooperator, and the United States Department of Agriculture, Forest Service, Payette National Forest, hereinafter referred to as the Forest Service, under the provisions of Cooperative Law Enforcement Agreement No. 07-LE-11041200-049 executed August / 7 , 2007. I. Incident Name/Number: East Zone Fire Complex Job Code: P4DP22 H. The Principal Contacts For This Operating Plan are: Payette National Forest Supervisor: Suzanne C. Rainville 208-634-0700 /Administrative Officer: Pam Krigbaum 208-634-0739 (Work) FS Law Enforcement Officer: Robb Bryant — 208-634-0733 (Work), 634-6703 (Cell) Cooperator, Chief, McCall Police Dept.: Jerry Summers — 208-634-7144 III. Reimbursement: Cooperator's officers/agents requested for the Payette East Zone Fire Complex will be reimbursed at the rate of $13.00 per hour, post certified officer/agents shall be reimbursed at a rate of $33.00 per hour for regular time and $44.00 per hour for overtime. Chief Summers has requested he be paid at a straight rate of $36.95 per hour with no overtime rate. This includes vehicle and travel time starting at the time the officer/agent is dispatched to the incident. Requests for reimbursement will require itemizing hours and submitting invoices to: Payette National Forest ATTN: Pam Krigbaum 800 West Lakeside Ave. McCall, ID 83638-3602 IV. Services Requested: The Cooperator's officers/agents performing under this Special , Enforcement Situation are working under the jurisdiction and authority of the City of McCall Police Department. The number of officers/agents and type of services required for this incident are as follows: Beginning on August 17, 2007, and lasting through the duration of the Payette East Zone Fire Complex, provide officers/agents as requested, within the resource capabilities of the Police Department. Requested activities may include, but are not limited to, stationary road blocks and providing security at designated locations. For the purpose of reimbursement, all assignments must be requested through the local Forest LEO contact listed above. Requested services will remain in place as long as the Chief can provide those resources/agents, or until the Forest LEO directs the demobilization of those resources. The authority and format of this Operating Plan have been reviewed and approved for signature. Agreements Coordinator In witness whereof, the parties hereto have executed this Special Enforcement Operating Plan, as of the - last date written below. S EIS, Clef ity of M all, Police Department TIN: 82 6000223 efiovA.e,xlwad SUZANNE C. RAINVILLE, Forest Supervisor Payette National Forest Dat g/0rfo7 Date CITY OF MCCALL August 29, 2007 Payette National Forest Attn: Pam Kringbaum 800 West Lakeside Avenue McCall, ID 83638-3602 Dear Pam Kringbaum, FY I Chief Jerry Summers assisted the Payette National Forest for the Payette East Zone Fire Complex on August 18th for a total of 10.5 hours and is requesting reimbursement for his services at the rate of $36.95 per hour. Please submit payment in the amount of $387.98 directly to Chief Summers at 216 E. Park Street, McCall, ID 83638. Sincerely, Brenda Loftis Personnel Officer City of McCall 208-634-8316 208-634-4493 fax 216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038