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HomeMy WebLinkAboutC91-071 Bureau of Land Management for Law Enforcement Services C Lid E Form 1511-1 United States Department of the Intern la GE 1 OF 11 PAGES (February 1989) JUL 15 i9 i T NO. Bureau of Land Management 1-0014 ASSISTANCE AGREEMENtAGLE COU -• :SK ORDER NO. 3.TYPE OF AGREEMENT(Check one) NOTE: By signing this document, the recipient accepts this agreement and agrees to perform in GRANT accordance with all the enclosed terms,conditions,and documents attached hereto In COOPERATIVE AGREEMENT 4.NAME,ADDRESS AND PHONE NO.OF ASSISTANCE OFFICER 5.NAME.ADDRESS AND PHONE NO.OF RECIPIENT Judy L. Goff Eagle County Sheriff's Department Bureau of Land Management P. 0. Box 359 Colorado State Office Eagle, CO 81631 011.11. 05 2850 Youngfield Street Lakewood, CO 80215-7076 (303) 239-3677 (303) 328-6611 6.NAME,ADDRESS AND PHONE NO.OF ASSISTANCE REPRESENTATIVE 7.NAME,ADDRESS AND PHONE NO.OF RECIPIENT'S PROJECT MANAGER John Z. Silence Sheriff A. J. Johnson Bureau of Land Management Eagle County Sheriff's Department Colorado State Office P. 0. Box 359 2850 Youngrield Street Eagle, CO 81631 Lakewood, CO 80215-7076 (303) 239-3803 (303) 328-6611 8.PROGRAM STATUTORY AUTHORITY 9.STARTING DATE Section 303(d) of FLPMA July 1, 1991 10.EFFECTIVE DATE 11.COMPLETION DATE July 1, 1991 September 30, 1991 12.TYPE OF RECIPIENT(Check one) 13.FUNDING INFORMATION • STATE Recipient BLM O LOCAL GOVERNMENT This obligation $ S 1,000.00 0 INDIAN TRIBAL GOVERNMENT O EDUCATIONAL INSTITUTION Previous obligation $ S O INDIVIDUAL Total obligation $ S 1,000.00 0 FOR-PROFIT ORGANIZATION O NON-PROFIT ORGANIZATION 0 O OTHER(Specify) County Sheriff's Dept. Share Ratio on /o 14.ACCOUNTING AND APPROPRIATION DATA C0-910-4740-11 o.c. 25.5Z • $1,000 15.PROJECT TITLE AND BRIEF SUMMARY OF THE PURPOSE AND OBJECTIVES Law enforcement services for Eagle County, Colorado. 16a.NAME AND TITLE OF SIGNER(Type or print) 17a.NAME AND TITLE OF ASSISTANCE OFFICER(Type or print) SEE ATTACHED SIGNATURE PAGE SEE ATTACHED SIGNATURE PAGE 16b.RECIPIENT 16c DATE SIGNED 17b UNITED STATES OF AMERICA 17c.DATE SIGNED BY (Authorized Signature) (Signature of Assistance Officer) • GPO 858.941 • CO-914 9260 AGREEMENT BETWEEN THE BUREAU OF LAND MANAGEMENT/COLORADO STATE OFFICE AND THE EAGLE COUNTY SHERIFF' S DEPARTMENT FOR LAW ENFORCEMENT SERVICES AGREEMENT NO. C950-A1-0014 I . PURPOSE. This agreement provides for the adequate protection and safety of persons and property on the 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 1976 , P. L. 94-579 , (90 Stat . 2763; 43 U. S.C . 1733) provides specific law enforcement authority to the Secretary of the Interior to assist local law enforcement officials in enforcing local laws and regulations , as the primary responsibility of assuring adequate law enforcement for the public land areas and resources under the jurisdiction of the Bureau of Land Management . III . DEFINITIONS A. Secretary: The Secretary of the Interior. B . Bureau: The Bureau of Land Management . C . State Director: The Bureau of Land Management ' s State Director, State of Colorado. D. Assistance Officer (AO) : The person authorized to execute this agreement on behalf of the BLM. E. Assistance Representative (AR) : The person authorized to administer this agreement on behalf of BLM. The AR is responsible for evaluating the operation of this agreement , for the acceptance of all reports , and for such other specific responsibilities as may ne stipulated in various provisions of the agreement . The designated representative is not authorized to obligate any Bureau funds , only the Assistance Officer may do so. . • F. Public Lands : 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, except : 1 . Lands located on the Outer Continental Shelf . 2 . Lands held for the benefit of Indians , Aleut , and Eskimos . G. Sheriff : The Sheriff is the lead law enforcement officer for EAGLE County, Colorado. H. Bureau Law Enforcement Personnel : The Special Agent and Ranger personnel of the Bureau of Land Management who have been delegated law enforcement authority by the Director of the Bureau of Land Management. I . Special Services : 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 . J. Fiscal Year: The fiscal year referred to in this agreement is the Federal fiscal year starting October 1 of a given year and continuing through September 30 of the next year. IV. OPERATIONS: A. The Bureau of Land Management, hereinafter referred to as BLM, has the responsibility for the protection and management of the public lands and their resources in the State of Colorado. BLM 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, BLM 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 County law enforcement official , hereinafter referred to as the Sheriff , 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 BLM located in said state. BLM recognizes the limited certified law enforcement manpower available to the District Attorney to carry out this agreement in addition to his mandated and existent law enforcement workload responsibilities . C . In order to provide for more adequate protection of the public, its property and natural resources on the public lands , BLM and the Sheriff agree: 1 . The Sheriff agrees : to continue to enforce applicable county regulations and state laws and statutes on the public lands , waters , trails and roads administered by BLM within the normal scope of their duties to the extent of • their current financial and manpower resources without reimbursement by BLM. Further, the Sheriff agrees : a. to utilize only sworn law enforcement personnel who are employees of the Sheriff 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 performing services under this agreement in enforcing state and local laws are , and will remain, under the supervision, authority and responsibility of the District Attorney. Any services provided under the terms of this agreement shall not considered as coming within the scope of Federal employment nor shall any of the benefits of Federal employment be conferred under this agreement . • • b. that the terms of this agreement may be modified by written modification hereto by mutual consent of the parties . c. that this agreement may be renegotiated at the request of either party. d. to maintain records for examination by BLM officials or other Federal officials of all reimbursable expenses incurred under the 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. D. Statement of Work: The Sheriff shall furnish all equipment , materials and personnel necessary to carry out the objectives of this agreement , as follows : 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 to respond to illegal activities on public lands . The designated BLM point of contact for such requests is : JOHN Z. SILENCE, Special Agent Bureau of Land Management 2850 Youngfield St . Lakewood, Colorado, 80215 (303) 239-3803 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 . • • • E. Agreement Period: The period of performance for this agreement shall be from the date of final signature to September 30 , 1991 , unless terminated by either party upon 30 days written notice to the other. This agreement may be renewed for successive one (1) year periods , not to exceed a total of five (5) years by mutual agreement of all parties , contingent upon Congress making the necessary appropriations for this effort . Such agreement to renew shall be documented by a written modification to this agreement and shall be signed by authorized officials at the same level as the original signatory parties . F. Reports : The Sheriff shall furnish BLM a monthly report of law enforcement activities relating to illegal activities on public lands , including: 1 . number of gardens and marijuana plants eradicated; 2. manhours worked; 3 . arrests and/or citations on BLM lands ; 4 . incidents investigated or responded to; 5 . seizures . V. REIMBURSABLE SERVICES REQUIRED BY BLM AND RATE SCHEDULE. A. Payment: For satisfactory performance of the work made reference to in Section IV of this agreement, the Sheriff will be reimbursed at the following rates : 1 . For the services as outlined in Section IV, BLM agrees to reimburse the Sheriff up to $1 , 000 for Fiscal Year 1991 , at a rate of $19 .00 per deputy hour. • 2 . Other 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 state 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 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 BLM. 3 . It is contemplated that from time to time • additional funds may be allotted to this agreement in addition to the not to exceed amount as outlined above . BLM shall not be obligated to pay the Sheriff for costs incurred in excess of the total amount allotted to the agreement, until such time that the Contracting Officer has notified the Sheriff in writing that funding has been increased. No notice , communication or representation in any other form or from any person other than the Assistance Officer shall affect the amount allotted to this agreement . 4 . Payment will be made upon request by monthly itemized invoices for services rendered, along with a certification that the services have been performed. Invoices will be mailed to: Bureau of Land Management Colorado State Office 2850 Youngfield Street Lakewood, Colorado 80215 Attn: John Silence . • • VI . ADMINISTRATION: A. The Sheriff has designated the following individual (s) to represent his office in resolving routine matters pertaining to this agreement : C Ae i B. Assistance Representative (AR) : John Z. Silence, Special Agent/Drug Coordinator, (303 239-3803 , has been designated at the Assistance Representative for this agreement . He is authorized to clarify, review, and approve work which is clearly defined within the scope of the agreement , but is not authorized to modify this agreement in any way. III III . VII . OFFICIALS NOT TO BENEFIT. No member of , or delegate to Congress , or resident commissioner, shall be admitted to any share or part of this ti agreement or to any benefit that may arise: 05444. (72)a.id,) (44.01-&AILA , %RAO BOARD OF / OU T COMMISSIONERS FOti14TATE DIRECTOR, COLORADO COUNTY OF EAGLE, COLORADO BUREAU OF LAND MANAGEMENT DATE: 4 /,//D/9/ DATE: 69/a.(Q/R 1 '� / ' ', 1 ...04 , ., A ____SHERIFF, EAGLE COUNTY, ASSIS A E REPIZENTATIVE, COLORAD. BUREAU OF LAND MANAGEMENT DATE: (;;--21-17 DATE: 7////4V • ATTACHMENT I SPECIAL PROVISIONS EQUAL OPPORTUNITY FAR 52 . 222-26 During the performance of this contract , the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action - shall include, but not be limited to, the following: Employment , upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places , available to employees and applicants for employment , notices to be provided by the Contracting Officer setting forth provisions of this Equal Opportunity clause. (b) The Contractor will , in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race , creed, color, or national origin. (c) The Contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Office , advising the labor union or workers ' representative of the Contractor ' s commitments under this Equal Opportunity clause , and shall post copies of the notice in conspicuous places available to employees and applicants for employment . (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24 , 1965, and of the • rules , regulations , and relevant orders of the Secretary of Labor. 4 • (e) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24 , 1965, and by the rules , regulations , and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books , records , and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules , regulations, and orders . (f) If the Contractor has noncompliance with the Equal Opportunity clause of this contract or with any of the said rules , regulations , or orders , this contract may be canceled, terminated, or suspended , in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24 , 1965 , and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24 , 1965 , or by rule , regulation, or order of the Secretary of Labor , or as otherwise provided by • law. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules , regulations , or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24 , 1965 , so that such provisions will be binding upon each subcontractor or vendor . The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions , including sanctions for noncompliance : Provided, however, that if the Contractor becomes involved with, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. • /ENT OF TAKE■ • -� -.�yA United States Department of the Interior •� IAA BUREAU OF LAND MANAGEMENT immommais COLORADO S"I'A I E OFFICE m= si �h 2850 YOUNGFIELD STREET tC E I V E LAKF.WOOD, COLORADO 80215-7076 JUL 15 1991 In Reply Refer To: �i CO-951A EAGLE COUNTY July 3, 1991 ',0 Sheriff A. J. Johnson JUL 1 0 1991 Eagle County Sheriff's Department w 4 , P. 0. Box 359 Eagle, Colorado 81631 Dear Sheriff Johnson: Enclosed is your fully executed copy of Cooperative Law Enforcement Agreement C950-A1-0014, effected between the Eagle County Sheriff's Department and the Bureau of Land Management. If you have any questions, please do not hesitate to contact me at (303) 239-3677. If you have questions of a technical nature, please contact the Assistance Representative, John Silence at 239-3803. Sincerely, Judy L. Goff Assistance Officer Enclosures