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HomeMy WebLinkAbout820595.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND THE U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE AND AUTHORIZA- TION FOR CHAIRMAN TO SIGN SAME WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, an agreement between Weld County, Colorado and the U.S. Department of Agriculture Forest Service, concerning the patrolling of recreation areas of the Pawnee National Grasslands within the boundaries of Weld County, has been presented to the Board of County Commissioners of Weld County, and WHEREAS , the term of said agreement shall be from April 30 , 1982, and continue for a maximum of 21 weeks , ending in September, 1982, as provided in the agreement attached hereto and incorpor- ated herein by reference, and WHEREAS , Weld County shall be reimbursed for costs incurred in patrolling said Pawnee National Grasslands, and WHEREAS, after review of the aforementioned agreement, the Board finds that said patrolling would not detract from normal patrol services and therefore, the Board deems that it is advis- able to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement between Weld County, Colorado and the U.S. Department of Agriculture Forest Service for patrolling recreation areas of the Pawnee National Grasslands within the boundaries of Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. 62Ub9 Page 2 RE: U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS ATTEST: 1/477/ 4FtAC i:v WELD COUNTY, COLORADO Weld County Cl rk and Recorder and Clerk to the Board Jo Martin, Chairman —% � Deputy County Clerk Chuck Carlson, Pro-Tem APPROVED AS TO FORM: Norman Carlson <�___ ✓ f County Attorney Kirby e K. Steinmark DATE PRESENTED: June 16, 1982 OPERATING AND FINANCIAL PLAN Reimbursable Services Requested by the Forest Service This plan, made and agreed to this last day of April 1982 for the maximum of 21 weeks beginning in April and ending in September, by and between the Service and the Weld County Sheriff' s Office becomes part of agreement between said parties dated April 30, 1982. A. The Weld County Sheriff agrees to: Provide uniformed Regular or Reserve Force Deputies fully trained and certified by Sheriff of Weld County and marked vehicles to randomly patrol in areas of concentrated public use as listed below: Patrols by Weld County 1. Crow Valley Recreation Area twice daily on Friday and Saturday between 1800 hours and 2.400 hours, and once on a random basis on any day Sunday through Thursday between 1800 hours and 2400 hours for a total of 87 checks @ $11.90 each. Total Allocation $1,032 Patrolling Activities and Standards 2. Enforce Colorado State laws within their jurisdiction. 3. Secure any evidence for the Service and will report to the Service any violations within the jurisdiction of the Service. 4. Provide public service to visitors within their capability and manpower. 5. Dispatch additional Deputies within their manpower capabilities for unforeseen or emergency situations upon request of the Service. These additional services may be reimbursed as agreed on by the Service and the Weld County Sheriff' s Office as outlined in section B below. Billings 6. Provide the Service with a billing for reimbursable services outlined in clauses A-1 through A-5 above, once a month. 7. Statements provided for billing will be in sufficient detail to allow the Service to tie these expenditures back to reimbursable expenses and rate schedule contained in clauses A-1 through A-5 above and will he certified by the Cooperator who claimed expenses are current and proper. B. The Service agrees: 1. To reimburse the Weld County Sheriff' s Office upon receipt of satisfactory statements of expenditures in accordance with the above schedule but not to exceed a total of $1 ,032 for this agreement. 2. To loan to the Weld County Sheriff' s Office equipment as needed and when mutually agreed to. A list of such equipment will be attached to this plan as appendix when needed. 3. To reimburse unforeseen and emergency services when approved by the Forest Supervisor at the rate of $7.00 per man hour and 50.25 per mile. C. It is mutually agreed that the following shall be the designated representatives of each party to make or receive requests for services under this agreement: 1. For the Service: Bernard Spanogle, or acting District Ranger Pawnee National Grasslands Greeley, Colorado 353-5004 Van Girard, Law Enforcement Coordinator Arapaho and Roosevelt Fort Collins, Colorado Office: 482-5155 Home: 22.1-4240 2. For the Cooperator: Rick Dill , Captain, Weld County Greeley, Colorado 356-4000 Robert Workman, Lieutenant, Weld County Greeley, Colorado 356-4000 James Hayward, Lieutenant, Weld County Greeley, Colorado 356-4000 COOPERATOR SERVICE U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE 7Wel County Commitsidner or ervisor 1.= ?6, Date to APPROVED: • eriff, Le unty�j v a__ Date COOPERATIVE AGREEMENT BETWEEN WELD COUNTY Greeley, Colorado AND U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE Arapaho and Roosevelt National Forests 301 South Howes Fort Collins, Colorado Under the Act of August 10, 1971 , (PL 92-82) (16 USC 551a) . Whereas, the Forest Service, hereinafter referred to as the Service, has the responsibility 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 Sheriff, Weld County, Colorado, hereinafter referred to as the Cooperator, has the authority to enforce the State and local laws for Weld County on such lands and water; and, Whereas, the Arapaho and Roosevelt National Forests are partially located in Weld County 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 to the amount of protection, patrol , and investigation that can be provided at the more remote areas within Weld 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 Cooperator 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 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 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 will 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 will meet the same standards of training required of other officers in his jurisdiction or will meet the State Peace Officers Standards of Training (POST) where they exist. 6. To follow required FCC procedure 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 a Cooperative Law Enforcement Activity Report, 5300-5, identifying the number of crimes occurring on National Forest System land. The report will follow the FBT Uniform Crime Reporting groupings , Part I and Part II offenses. Offense and arrest information will be combined and reported for each crime. The report will 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: 1. To enforce the Federal laws and regulations relating to the National Forest System lands. 2. To provide support and cooperation to the Cooperator 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 Cooperator 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 Cooperator' s frequency. (Obtain a letter of agreement from the Cooperator and transmit to the Interdepartment Radio Advisory Committee (IRAC) , through the Washington Office. ) C. The parties mutually agree: 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 will 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 Cooperator performing services under this agreement in enforcing state and local laws are, and will remain, under the supervision, authority, and responsibility of the Cooperator. 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 will 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 will be made by formal amendment. SERVICE U.S. DEPARTMENT OF AGRICULTURE COOPERATOR FOREST SERVICE l4f County Commissioner Forest ry s 6 CSz Date Da e APPROVED: Sheriff, Weld `�ounty Date 6/7/FL Hello