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
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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.
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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.
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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
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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.
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. 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