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Home My WebLink AboutC87-070 Cooperative Agreement with Sheriff and Forest ServiceCOOPERATIVE AGREEMENT m' BETWEEN EAGLE COUNTY SHERIFF :ME FOREST SERVICE U.S. DEPARTMENT OF AGRICULTURE WHITE RIVER NATIONAL FOREST C37-70-05 Under the Act of August 10, 1971, ( Pulic Law 92-82) (16 U.S.C. 551a). Whereas, the Forest Service, hereinafter referred to as the Service, has the responsibilitiy for the enforcement of the Federal laws and regulations relative to the National Forest System and other lands and water administered by the Forest Service and, Whereas, the Service recognizes that public use of such lands and water which are usually located in remote or sparsely populated areas, are attracting large numbers of visitors, and, Whereas, the Eagle County Sheriff, hereinafter referred to as the cooperator, has the authority to enforce the State and local laws for the State of Colorado on such lands and water, and, Whereas, the White River National Forest is partially located in the County of Eagle for which the cooperator has the responsibility of enforcement of State and local laws, and, Whereas, the cooperator is limited by level of financing as 40 Le the amount of protection, patrol, and investigation that can be provided at the more remote areas within Eagle County. Now therefore, the parties hereby mutually agree that it is desirable to cooperate in better utilizing the resources of both agencies while providing for more adequate protection of persons and property as follows: A. The Sheriff agrees: 1. To continue to enforce the civil and criminal laws of the State and county on lands and water within or a part of any unit of the National Forest System within the normal scope of its duty without reimbursement by the Service. 2. Upon specific request of the Service, to provide special services beyond those provided under clause A-1 for the enforcement of State and e eU —' local laws relating to the protection of persons and their property in accordance with the operating and financial plan required by clause C-2. 3. To furnish the Service at intervals mutually agreed upon itemized statements of expenditures incurred under clause A-2 at the rates established by the annual operating and financial plan in clause C-2. 4. To maintain accounting and performance records of the reimbursable expenses set forth in clause A-2 in a manner that will facilitate an examination by officials of the Service or other Federal officials who may be required to examine such records. Such records shall be retained for a period of 3 years following the year the expenditures were incurred unless disposition is otherwise agreed to in writing. 5. That all officers assigned to fulfill the services under this agreement shall meet the same standards of training required of other officers in their jurisdiction or the State Peace Officers Standards of Training (POST) where they exist. 6. To follow required Federal Communication Commission (FCC) procedures when Forest Service radio frequencies are utilized. (Obtain a letter of agreement from the Forest Service and file with the Federal Communication Commission). 7. To furnish the Service in conjunction with the statement of expenditures required by clause A-3 Form FS -5300-5, cooperative Law Enforcement Activity Report, identifying the number of crimes occuring on National Forest System land. The report shall follow the FBI Uniform Crime Reporting groupings, Part I and Part II offenses. Offense and arrest information shall be combined and reported for each crime. the report shall separate the crimes handled under the cooperative agreement from those handled by the cooperator during regular duties. B. The Service agrees, within availability of funds and established Service regulations and policies: I. To enforce the federal laws and regulations relating to the National Forest System lands. 2. To provide support and cooperation to the Sheriff in the enforcement of State and local laws on lands and water within or a part of any unit of the National Forest System. 3. To reimburse the Sheriff for the special or support services provided under clause A-2 at the rates established by the annual operating and financial plan in clause C-2. 4. To follow required FCC procedures when operating radio(s) on cooperators frequency. (Obtain a letter of agreement from the cooperator and transmit to the Inter -department Radio Advisory Committee (IRAC), through the Washington Office). C. The parties mutually agree: .� j C 1. To provide the maximum cooperation possible within the availability of funds and established laws, regulations, and policies governing the respective agencies that will assure the protection of persons and their property on land and water within or a part of any unit of the National Forest System: 2. To prepare and/or update annually an Operating and Financial Plan specifying the service to be provided and agreed rates for reimbursement. This plan when signed by both parties is attached to and made a part of this agreement. Each party shall designate in the plan a specific individual and alternate(s) to make or receive requests for special services under this agreement. 3. That officers and/or agents of the Sheriff performing services under this agreement in enforcing State and local laws are, and shall remain, under the supervision, authority, and responsibility of the Sheriff. Such services 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. 4. In connection with the performance of work under this agreement, the provisions of Form AD -369, Equal Opportunity, attached, are hereby included as a part of this agreement. On form AD -369, "Contractor" means "Cooperator", and "Contracting Officer" and "Contracting Agency" mean "Forest Service". 5. No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 6. The period of this agreement shall be from the date of execution until terminated by mutual agreement or on 30 days written notice from either party to the other. 7. Any changes in the provisions of this agreement which are necessary and proper shall be made by formal amendment. EAGLE COUNTY Date Chairman, Board of Commissioners, Eaula Cnunt She f, Eagle County WHITE RIVER - FOREST SERVICE U.S. DEPARTMENT OF AGRICULTURE (� 6bjL-- Date" 3 Si j�.RICHARD E. WOODROW Forest Supervisor White River National Forest l OPERATING AND FINANCIAL PLAN REIMBURSABLE SERVICES REQUESTED BY FOREST SERVICE This plan, made and agreed to by and between the Service and the Eagle County Sheriff, for the period beginning May 1, 1987, and ending September 30, 1987, becomes a part of the agreement between said parties dated May. 15, 1987. NOW THEREFORE, it is hereby agreed: A. The Eagle County Sheriff agrees: 1. To assign a deputy to patrol the following Forest Service administered recreation sites from May through September: Eagle Ranger District Yeoman Park Campground Fulford Cave Campground Gore Creek Campground Homestake Campground Hornsilver Campground Camp Hale Recreation Area Ruedi Reservoir Recreation Complex Patrols will be made each Friday and Saturday during the late afternoon or evening hours within the manpower capabilities of the Eagle County Sheriff's Office. 2. To dispatch additional deputies within his manpower capabilities for unforeseen or emergency situations upon request of the Service. 3. To procure the following equipment within funding limitations for carrying out the activities of the plan. It is estimated that the useful life of this equipment is five years. Title to this equipment will be retained by the State or its political subdivision. ESTIMATED ITEM COST Scrambler Units $1,700.00 Rifle 1,500.00 Auto Targets 3,000.00 Camera Lens 300.00 Generator 500.00 Lights 1,200.00 Camera 300.00 Camera (35mm) 250.00 Radio Upgrade 1,000.00 Fingerprint System 400.00 Robo 170.00 Handgun 700.00 Shotguns 900.00 Items are listed in order of priority for purchase. The Eagle County Sheriff must receive written authorization from the Eagle District Ranger prior to purchase of any equipment listed to insure that funds are available. The Eagle County Sheriff will be responsible for the maintenance and repair of the above items. 4. Upon request of the Service, to provide towing service and storage facilities for vehicles abandoned on National Forest land in areas where these services are not provided by county or state law enforcement agencies. 5. Expenditure statements will be submitted to the Forest Service in sufficient detail to allow the Forest Service to tie these expenditures back to the reimbursable expenses and the rate schedule contained in Clauses A-2 and A-3 and will be certified by the Eagle County Sheriff as being current and proper. Itemized expenditure statements should be sent to the Eagle District Ranger, White River National Forest, P.O. Box 720, Eagle Colorado, showing quarterly expenditures. These should be submitted for the �. C, calendar calendar quarters ending 6/30/87 and 9/30/87 for the expenditures in Clauses A-2 and A-3 above. B. The Service agrees: 1. To loan to the Eagle County Sheriff the equipment listed in Appendix A. While in the possession of the Eagle County Sheriff, maintenance of this equipment will be the responsibility of the Eagle County Sheriff and it will be returned in the same condition as taken. 2. To reimburse the Eagle County Sheriff on receipt of satisfactory statements of expenditures in accordance with the following schedule: Rate Schedule for Reimbursement S vice`s Clauses A-1. The Eagle County Sheriff agrees to provide the services listed in A-1 at no charge. The Forest Service agrees to reimburse the Sheriff for purchasing the equipment listed in A-3, subject to funding limitations. Clauses A-2. The rate of $13.00 per hour (mileage included) or $104.00 per eight-hour day for Deputy with vehicle and, only when requested, $9.00 per hour for an additional enforcement officer as a passenger. Clauses A-3. The actual acquisition cost of the equipment listed in A-3 but not to exceed the estimated cost of each item listed. Clauses A-4. The actual towing charge. C. It is mutually agreed that the following shall be the designated representatives of each party: 1. For the Service: Michael J. Spencer, District Ranger 328-6388/office 328-6504/home William S. Johnson, District Law Enforcement Officer 328-6388/office 328-7182/home Larry J. Klock, District Staff 328-6388/office 328-7388/home 2. For the Eagle County Sheriff: A.J. Johnson, Sheriff, Eagle County 328-6611/office 926-2041/home Eagle County Sheriff's Office 328-6343/office or 911 Approved: Chairman,/'Board of Commissioners Eagle County, Colorado Forest Supervisor White River National Forest SheriA, Eagle County, Colorado Appendix AA // . Date D t J-4, Date Equipment to be loaned by the Forest Service to the Eagle County Sheriff: One radio remote control station, Forest Service frenquency, to be used at cooperator's headquarters office.