HomeMy WebLinkAboutC88-071 BLM agreement with Sheriff for law enforcement servicesC) Agreement Between the - P : .
Bureau of Land Management /Colorado State Office
C88 -71 -05 ', and the 8C 0 OiSi1 I �'19�;
- -- EAGLE County Sheriff's Office'
for �� Y
Law Enforcement Services,
Agreement No. CO- 910 -MA8 -014
I. PURPOSE: This agreement provides procedures for obtaining additional
enforcement services to assist in the protection of property, the safety of
the public, and the natural resources on public lands and roads administered
by the Bureau of Land Management.
II. AUTHORITY: Section 303(d) of the Federal Land Policy and Management
Act of 19— 76, P.L. 94 -579 (90 Stat. 2763; 43 USC 1733), grants specific law
enforcement authority to the Secretary of the Interior to assist local law
enforcement officials in enforcing local laws and regulations, as he carries
out his primary responsibility of assuring adequate law enforcement for the
public land areas and resources under jurisdiction of the Bureau of Land
Management.
III. DEFINITIONS:
A. Bureau: means the Bureau of Land Management.
B. District Manager: means the Bureau of Land Management's District
Manager.
C. Contracting Officer: for purposes of this agreement, means the
Bureau of Land Management's Contracting Officer, Colorado State Office.
D. Public Lands: means any land and interest in land owned by the
United States within the several states and administered by the Secretary of
the Interior through the Bureau of Land Management without regard to how the
United States acquired ownership.
E. Local Law Enforcement Officials: means the Sheriff of EAGLE
County, Colorado.
F. Bureau Law Enforcement Personnel: means those Special Agent and
Ranger employees of the Bureau of Land Management who have been delegated law
enforcement authority by the Director of the Bureau of Land Management.-
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G. Special Services: means additional services that may be required
in any incident involving exigent or unique circumstances that demand an
immediate response, such as riots, bomb threats, search and rescue, mass
evacuations, security details for dignitaries, etc.
IV. OPERATIONS:
A. The Bureau of Land Management, hereinafter referred to as the
Bureau, has the responsibility for the protection and management of the
public lands and their resources in the State of Colorado. The Bureau
recognizes that the public use of lands, which are usually located in remote
or sparsely populated areas, are attracting large numbers of visitors. To
ensure that the public, BIM employees, and natural resources in these
particular areas are protected, it is necessary to receive assistance by
entering into an agreement with a county law enforcement official.
B. The state law enforcement official, hereinafter referred to as the
Sheriff's Department, has the authority and duty to enforce state statutes,
laws and regulations for the State of Colorado, including those lands,
waters, trails and roads administered by the Bureau located in said state.
The Bureau recognizes the limited certified law enforcement manpower
available to the Sheriff to carry out this agreement in addition to his
mandated and existing law enforcement workload responsibilities.
In order to provide for more adequate protection of the public,
its property and natural resources on the public lands, the Bureau and
the EAGLE County Sheriff agree:
1. Sheriff's Department agrees to continue to enforce the state
laws and statutes on the public lands, waters, trails and roads administered
by the Bureau within the normal scope of their duties to the extent of their
current financial and manpower resources without reimbursement by the
Bureau. Further, the Sheriff's Department agrees:
a. to utilize only sworn law enforcement personnel who are
employees of the Sheriff's Department who have been certified as meeting the
minimum standards set by the Colorado Law Enforcement Training Academy.
b. that sworn officers and /or agents of the Sheriff's
Department performing services under this agreement in enforcing state and
local laws are, and will remain, under the supervision, authority and
responsibility of the Sheriff's Department. Any services provided under the
terms of this agreement shall not be considered as coming within the scope of
Federal employment nor shall any of the benefits of Federal employment be
conferred under this agreement.
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C. to provide additional services, beyond those already
provided, as enumerated in Cooperative Law Enforcement Operating and
Financial Plan.
d. that as part of services currently being provided,
notification to the BLM law enforcement agent, or in his absence, the BLM
District Manager, of any known criminal activity on public lands which may be
a potential hazard to the public and BLM employees.
e. to abide by Federal acquisition and equal opportunity
clauses (Attachment I).
2. The Bureau agrees, within the availability of funds and
established Bureau regulations and policies:
a. to enforce Federal laws, rules and regulations as they
apply to public lands.
b. to provide support and cooperate with the Sheriff's
Department in the enforcement of state and local laws on the public lands and
roads administered by the Bureau.
C. to reimburse the Sheriff's Department for the additional
services provided at the rates and in the amounts set forth in Operating and
Financial Plan.
d. that the lack of any specific request by a Bureau
representative will not limit the authority of the Sheriff's Department to
respond to any situation in a fashion they see fit under state or local law.
3. The Sheriff's Department and the Bureau mutually agree:
a. that neither party shall be liable to the other for any
loss, damage, personal injury or death occurring as a consequence of the
performance of this agreement, except as provided herein.
b. that the terms of this agreement may be modified by
written amendment hereto by mutual consent of the parties.
of either party. C. that this agreement may be renegotiated at the request
d. to maintain records for examination by Bureau officials
or other Federal officials of all reimbursable expenses incurred under terms
of this agreement. Unless disposition is otherwise agreed to in writing,
records are to be retained for a period of three years after the debt has
been incurred.
4. Statement of Work: The Sheriff's Department shall furnish
all equipment, materials and personnel necessary to carry out the objectives
of this agreement. Specific services shall be accomplished as outlined in
the Annual Operating and Financial Plan. Future Plans will be mutually
agreed to prior to implementation and shall be issued as a modification to
the basic agreement each year.
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5. Agreement Period: The period of this agreement shall be the
time signed by both parties until terminated by mutual agreement or on 30
days notice from either party to the other, from the date of final signature,
until September 30, 1993, or 60 months (5 years), whichever is later; or
unless terminated by mutual agreement 30 days after written notice by either
party.
6. Changes:
Changes may be initiated in writing 30 days prior to the
effective date of the change by either party, and shall be documented by a
modification to the agreement. The modification shall be signed by officials
at the same level as the original signatory parties.
7. Special Provisions: See Attachment l
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' .� Date
494
Contract g Officer
Bureau f
Colo nd Management
Colo r ate Office
Lakewoo , Colo ado 80215
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° ATTACHMENT I
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FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES (FULL TEXT)
52.203 -1 OFFICIALS NOT TO BENEFIT (APR 1984)
No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this contract, or to any benefit arising from
it. However, this clause does not apply to this contract to the extent that
this contract is made with a corporation for the corporation's general benefit.
52.222 -26 EQUAL OPPORTUNITY (APR 1984)
(a) If, during any 12 -month period (including the 12 months
preceding the award of this contract), the Contractor has been or is
awarded nonexempt Federal contracts and /or subcontracts that have an
aggregate value in excess of $10,000, the Contractor shall comply with
subparagraphs (b)(1) through (11) below. Upon request, the Contractor
shall provide information necessary to determine the applicability of
this clause.
(b) During performing this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, religion,
sex, or national origin.
(2) The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or
national origin. This shall include, but not be limited to, (i)
employment, (ii) upgrading, (iii) demotion, (iv) transfer,
(v) recruitment or recruitment advertising, (vi) layoff or
termination, (vii) rates of pay or other forms of compensation,
and (viii) selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available
to employees and applicants for employment the notices to be
provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisement
for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or
national origin.
(5) The Contractor shall send, to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the
notice to be provided by the Contracting Officer advising the
labor union or workers' representative of the Contractor's
commitments under this clause, and post copies of the notice in
conspicuous places available to employees and applicants for
employment.
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COOPERATIVE LAW ENFORCEMENT
OPERATING AND FINANCIAL PLAN FOR BIM
FISCAL YEAR 1988
A. Reimbursable Services
1. It is understood and agreed to by both parties that there may be
instances when emergencies may arise that may prohibit the
Sheriff's Department from taking immediate action due to
unavailability of equipment and personnel in a specific area.
2. At the request of BLM, provide special patrols and respond to
requests from designated BLM District personnel and /or based upon
information that they or other law enforcement authorities have
received, respond to these inquiries related to the illegal
activities on public lands. The designated BLM point of contact
for such requests is JIM OWINGS - Area Manager Glenwood Resource
Area or-Acting Area Manager
The Sheriff's Department will rely on their expertise as to the
course of action that is to be taken, and guide the requesting
designate as to the appropriate action to take.
3. The Sheriff will provide staffing of law enforcement personnel for
the eradication of illicit marijuana cultivation located on public
lands within the County of EAGLE in order to
conduct arrests, raids, seizures, eradication, etc., pursuant to
applicable law, and bring to prosecution defendants charged with
marijuana cultivation on public lands.
4. The County will furnish the BIM a monthly report of law enforcement
activities and an itemized billing for reimbursement. The monthly
report is to be submitted by the 15th of the following month.
Specific reimbursable activities to be reported are:
a. areas patrolled and manhours required;
b. incidents investigated or responded to;
C. arrests on BLM lands and category of offense;
d. seizures; and
e. response to BLM requests.
5. Payment
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For satisfactory performance of services, the Sheriff's Office will
be reimbursed at the rate of 14 per deputy hour, up to a
maximum of $ 2500.00 for fiscal year 1988.
Expenses shall include payment of officers' overtime and salary at
the above - described rates during the period of time they are
engaged in the eradication process, and per diem as appropriate (at
the standard Sheriff's Department rate), as well as other direct
costs such as purchases of expendable equipment, rental of
equipment and vehicles, and fuel for vehicles and aircraft and
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(6) The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary
of Labor.
(7) The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and by
the rules, regulations, and orders of the Secretary of Labor.
Standard Form 100 (EEO -1), or any successor form, is the
prescribed form to be filed within 30 days following the award,
unless filed within 12 months preceding the date of award.
(8) The Contractor shall permit access to its books, records,
and accounts by the contracting agency or the Office of Federal
Contract Compliance Programs ( OFCCP) for the purposes of
investigation to ascertain the Contractor's compliance with the
applicable rules, regulations, and orders.
(9) If the OFCCP determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of
the Secretary of Labor, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor
may be declared ineligible for further Government contracts,
under the procedures authorized in Executive Order 11246, as
amended. In addition, sanctions may be imposed and remedies
invoked against the Contractor as provided in Executive Order
11246, as amended, the rules, regulations, and orders of the
Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of
subparagraph (b)(1) through (11) of this clause in every
subcontract or purchase order that is not exempted by the rules,
regulations, or orders of the Secretary of Labor issued under
Executive Order 11246, as amended, so that these terms and
conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any
subcontract or purchase order as the contracting agency may
direct as a means of enforcing these terms and conditions,
including sanctions for noncompliance; provided, that if the
Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of any direction, the
Contractor may request the United States to enter into the
litigation to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR
60 -1.1.
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minor repairs and maintenance necessitated by their use. These funds shall
not be used for the purchase of nonexpendable equipment (defined as property
having a useful life of more than one year and an acquisition cost of $300
or more per unit) without the express approval of the Bureau of Land
Management.
The total funds presently available for this agreement is $ 2500.00
for FY 1988. It is contemplated that from time to time additional
funds may be allotted to this agreement to exceed the total cost.
The Government shall not be obligated to pay the County for costs
incurred in excess of the total amount allotted to the agreement,
unless and until the Contracting Officer has notified the County in
writing that such allotted amount has been increased. No notice,
communication or representation in any other form or from any
person other than the Contracting Officer shall affect the amount
allotted to this agreement.
Invoices will be mailed to:
Bureau of Land Management
Colorado State Office
2850 Youngfield Street
Lakewood, Colorado 80215
Attn: Glenn E. Walls
6. Administration
The Sheriff's Office has designated
as the person who will represent his off% in JIF9olving routine
matters pertaining to this agreement betwe n I the Sheriff's
Department and the Bureau.
7. Contracting Officer's Representative
Glenn E. Walls, Special Agent -In- Charge, telephone 236 -1794, has
been designated as the Contracting Officer's Representative (COR)
for this agreement. He is authorized to clarify, review, and
approve work which is clearly defined within the scope of this
agreement but is not authorized to modify this agreement in any way.
In witness
thereof, the parties have-signed
this operating
plan and shall
effective upon the date"of signature;"`.
Reviewed by
the Cooperator: , ,G)jU
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