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HomeMy WebLinkAbout20201248.tiffRESOLUTION RE: APPROVE MODIFICATION #3 TO 2020 COOPERATIVE LAW ENFORCEMENT OPERATING AND FINANCIAL PLAN AND AUTHORIZE CHAIR TO SIGN 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, the Board has been presented with Modification #3 to the 2020 Cooperative Law Enforcement Operating and Financial Plan among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's Office and the United States Department of Agriculture -Forest Service, Arapaho Roosevelt National Forest, and the Pawnee National Grassland, commencing upon full execution of signature, and ending December 31, 2020, with further terms and conditions being as stated in said plan, and WHEREAS, after review, the Board deems it advisable to approve said modified plan, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Modification #3 to the 2020 Cooperative Law Enforcement Operating and Financial Plan among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's Office and the United States Department of Agriculture -Forest Service, Arapaho Roosevelt National Forest, and the Pawnee National Grassland, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said modified plan. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datite,t) JeL:vi Weld County Clerk to the Board BY: 1 1 Vuk eputy Clerk to the Board AP".'DAS y orney Date of signature: 5/05/2O "rnA44.1„, Mike Freeman, Chair Steve Moreno, Pro -Tern EXCUSED Scot K. James CC:So64K/s c),gcracrcD) 5 I-ob o 2020-1248 SO0041 ca,14-, J-- -TV #- 356 S BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: US Forest Service & Sheriffs Office Annual Operating Plan and Contract DEPARTMENT: Weld County Sheriff's Office DATE: 04-20-2020 PERSON REQUESTING: Michael Knee Brief description of the problem/issue: The Weld County Sheriffs Office requests to enter into a Cooperative Law Enforcement Agreement with the US Forest Service for law enforcement services. The US Forest Service is proposing a 2020 contract for up to $5,800.00, paid at a rate of $67.99 per hour. The Sheriff's Office will invoice the US Forest Service for expenditures monthly. This is an annual agreement the Sheriff's Office has been practicing for several years. Due to federal government closures, The US Forest Service was delayed submitting the proposed agreement. Due to the delay, the US Forest Service is aware we were not able to fill the first part of the contract January -May 2020. We will be able to fill August -December 2020. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board can reject the agreement. If the Board rejects the agreement the Sheriff's Office will not schedule dedicated time to patrol the National Grass Lands. Regular law enforcement patrols help to deter crime and encourage a safe environment for the public. The Board can accept the agreement. The US Forest Service will reimburse the Sheriff's Office for costs at the 2020 contract rate of $67.99. There are no negative consequences. Recommendation: We recommend the Board approve the agreement. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross \LN. Schedule Work Session Other/Comments: 2020-1248 el USDA Forest Service OMB 0596-0217 ES -1500-19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES 1 1 U S FOREST SERVICE GRANT/AGREEMENT NUMBER: 17 -LE -11021006-019 2 RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY: 3 MODIFICATION NUMBER: 3 4 NAME/ADDRESS OF U.S FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): Arapaho and Roosevelt National Forests and Pawnee National Grassland, G&A COE 2150 Centre Ave., Building E, Fort Collins, CO 80526 5 NAME/ADDRESS OF U S FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4): Arapaho and Roosevelt National Forests and Pawnee National Grassland 2150 Centre Ave., Building E, Fort Collins, CO 80526 6 NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county): Weld County Sheriffs Department 1950 O Street, Greely, CO 80631 7 RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER (For HHS payment use only): 8. PURPOSE OF MODIFICATION CHECK ALL THAT APPLY: This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above. O CHANGE IN PERFORMANCE PERIOD: CHANGE IN FUNDING: Forest Service to provide the partner funding in the amount of $5,800 in accordance with the attached Annual Operating Plan (AOP). $5,084.44 is new funding and $715.56 is previous year carry-over funding. G. ADMINISTRATIVE CHANGES: 11 OTHER (Specify type of modification): Add 2020 AOP Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work 1.1 Revised Financial Plan El Other: 2020 AOP 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO TEIE ABOVE -REFERENCED THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT GRANT/AGREEMENT. I 1 A. WELD COUNTY SHERIFF'S DEPT SIGNATURE I I B. DATE SIGNED 11.C. U S. FOREST SERVICE SIGNATURE I I D. DATE SIGNED (Signature of Signatory Official) (Signature of Signatory Official I I E NAME (type or print): See Attached AOP I I F NAME (type or print): See Attached AOP 11 G TITLE (type or print) I I H TITLE (type or print): 12. G&A REVIEW 12.A. The authority and format of this modification have been reviewed and approved for signature by: 12 B DATE SIGNED See Attached Signature Page U S Forest Service Grants &Yt Agreements Specialist otoat) -/ovf8C) mow+ USDA Forest Service OMB 0596-0217 FS -1500-19 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 30 minutes per response, induding the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TOD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TOD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. FS Agreement No. Cooperator Agreement No. 17 -LE -11021006-019 EXHIBIT A MODIFICATION 3 COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between The WELD COUNTY SHERIFF'S DEPARTMENT And the USDA, FOREST SERVICE ARAPAHO ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND 2020 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between Weld County Sheriffs Department, hereinafter referred to as "Cooperator," and the USDA, Forest Service, Arapaho Roosevelt National Forests and Pawnee National Grassland, hereinafter referred to as the "U.S. Forest Service," under the provisions of Cooperative Law Enforcement Agreement #17-LE11021006-019 executed on May 17, 2017. This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning on the date of final signature and ending December 31, 2020. Previous Year Carry-over: $715.56 Current Fiscal Year Obligation: $5084.44 CY2020 Total Annual Operating Plan: $5,800.00 Invoices submitted that are not within the performance period of this AOP will not be paid. I. GENERAL: A. The following individuals shall be the designated and alternate representative(s) of each party, so designated to make or receive requests for special enforcement activities. Principal Cooperator Contacts: _Cooperator Program Contact Steve Reams, Sheriff Weld County Sheriff's Office 1950 O Street Greely, CO 80631 Telephone: 970-356-4015 ext. 2801 FAX: 970-304-6467 Email: , c ur s ct'we z �t crzrtt Cooperator Administrative Contact Lieutenant Michael Knee ._._ Weld County Sheriff's Office 1950 O Street Greely, CO 80631 Telephone: 970-400-3939 FAX: Email: rnkncc cId,t'v.eunl Page 1 of 6 (Rev. 12-13) USDA, Forest Service OMB 0596-0217 FS -1500 -BA Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Shawn Graef, Patrol Captain Central Zone Rebecca Cuthbertson, Grants Management 2468 Jackson Street Specialist Laramie, WY 82070 1617 Cole Blvd Telephone: 307-745-2451 Lakewood, CO 80401 FAX: 307-745-2398 Telephone: 303-275-5068 Email: shawn.qraef«rttsda.twv FAX: Email: rebecca.cuthbertsonr`r iusda.gov Field Contact A. Nicole Edison, Law Enforcement Officer Payment Approver (in NRM) Canyon Lakes Ranger District Jenny Knickerbocker, Program Assistant 2150 Centre Ave. Building E Telephone: 307-745-2329 Fort Collins, CO 80526 Email: jennifer.knickerbocker(U'usda.gov Telephone: 970-295-6719 Fax: 970-295-6798 Email: ash lev_edisorthi usd<i.gov B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Wages at the prevailing rate of $67.99/hour (includes mileage). II. PATROL ACTIVITIES: A. Time schedules for patrols will be flexible to allow for emergencies, other priorities, and day-to-day needs of both Cooperator and the U.S. Forest Service. Ample time will be spent in each area to make residents and visitors aware that law enforcement officers are in the vicinity. . Patrol on following U.S. Forest Service roads: See attached map "Exhibit B" Patrols will be in 3 hour increments and 25% of the patrols will occur between the hours of 1400 and 2000. Compensated patrols will occur during the months of January -May and August- December. 2. Patrol in the following campgrounds, developed sites, or dispersed areas: Page 2 of (Rev. 12-13) USDA, Forest Service OMB 0596-0217 FS -1500-8A Crow Valley Campground, Baker Draw Shooting Range B. Emphasis for Law Enforcement patrols will focus on illegal off -road motor vehicle use, going around closed gates, natural resource damage, and shooting regulation compliance: emphasis includes but is not limited to the above activities. Total reimbursement for this category shall not exceed the amount of: $5,800.00 III. TRAINING: See Cooperative Law Enforcement Agreement Provision IV -K for additional information. None Planned IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV -K, IV -L, and IV Mfor additional information. Total reimbursement for this category shall not exceed the amount of: $0.00 V. SPECIAL ENFORCEMENT SITUATIONS: A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement, and certain Group Gatherings. B. Funds available for special enforcement situations vary greatly from year to year and must be specifically requested and approved prior to any reimbursement being authorized. Requests for funds should be made to the U.S. Forest Service designated representative listed in Item I -A of this Annual Operating Plan. The designated representative will then notify whether funds will be authorized for reimbursement. If funds are authorized, the parties will then jointly prepare a revised Annual Operating Plan. I. Drug Enforcement: This will be handled on a case by case basis. The request will normally come from the patrol Captain; however, it may come from the Special Agent in Charge or their designated representative. Reimbursement shall be made at the rates specified in Section I -B. Deputies assigned to the incident will coordinate all of their activities with the designated officer in charge of the incident. 2. Fire Emergency: During emergency fire suppression situations and upon request by the Forest Service pursuant to an incident resource order, the Cooperator agrees to provide special services beyond those provided under Section II -A, within the Cooperator's resource capabilities, for the enforcement of State and local laws Page 3 of 6 (Rev. 12-13) USDA, Forest Service OMB 0596-0217 FS -1500-8A related to the protection of persons and their property. The Cooperator will be compensated at the rate specified in Section I -B; the Forest Service will specify times and schedules. Upon concurrence of the local patrol Captain or their designated representative, an official from the Incident Management Team managing the incident, Cooperator personnel assigned to an incident where meals are provided will be entitled to such meals. 3 Group Gatherings: This includes but is not limited to situations which are normally unanticipated or which typically include very short notices, large group gatherings such as rock concerts, demonstrations, and organization rendezvous. Upon authorization by a Forest Service representative listed in Section I -A for requested services of this nature, reimbursement shall be made at the rates specified in Section I -B. Deputies assigned to this type of incident will normally coordinate their activities with the designated officer in charge of the incident. This includes but is not limited to situations which are normally unanticipated or which typically include very short notice, large group gatherings such as rock concerts, demonstrations, and organizational rendezvous. VI. BILLING FREQUENCY: See Cooperative Law Enforcement Agreement Provisions 11-H and III -B for additional information. A. Reimburse the Cooperator for actual expenses incurred, not to exceed the amount shown in the Annual Operating Plan (AOP). The U.S. Forest Service will make payment for projects costs upon receipt of an invoice. Each correct invoice shall display the Cooperator's actual expenditures to date of the invoice, displayed by separate cost elements as documented in the AOP, less previous U. S. Forest Service payments. Please put FS agreement number and performance dates on the invoice B. Billing for services provided under the terms and conditions of this agreement is approved on a monthly basis. All billings and supporting documentation will be forwarded to the designated Forest Service Representative named below. The FS -5300-5 Law Enforcement Activity Report shall be completed and submitted annually. A copy of the FS -5300-5 is included in this Operating Plan. Page 4 of 6 (Rev. 12-13) USDA, Forest Service OMB 0596-0217 FS -1500-8A C. Email invoice only to: SM.FS.asc_ga@usda.gov Or FAX invoice only to 877-687-4894 Or mail invoice to: U.S. Forest Service Albuquerque Service Center Payments -Grants and Agreements 101B Sun Avenue, NE Albuquerque, NM 87109 Telephone: 877-372-7248 Send copy of invoice, FS -5300-5 and Supporting documentations to: A. Nicole Edison, Law Enforcement Officer U. S. Forest Service 2150 Centre Ave., Building E Fort Collins, CO 80526 Telephone: 970-295-6719 FAX: 970-295-6798 Email: ashley.edison@usda.gov The following is a breakdown of the total estimated costs associated with this Annual Operating Plan. Category Estimated Costs Not to Exceed by Patrol Activities $5,800.00 100% Training N/A N/A Equipment N/A N/A Special Enforcement Situations N/A N/A Total $5,800.00 100% D. Any remaining funding in this Annual Operating Plan may be carried forward to the next fiscal year and will be available to spend through the term of the Cooperative Law Enforcement Agreement, or deobligated at the request of the U.S. Forest Service. See Cooperative Law Enforcement Agreement Provision IV -D. E. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this Annual Operating Plan as of the last date written below. STEVE REAMS, Sheriff `' Date Weld County Sheriff's Department Page 5 of (Rev. 12-13) USDA, Forest Service OMB 0596-0217 FS -1500-8A MONTE WILLIAMS Digitally signed by Date: 2020 05.0811:47:12nONTE WILLIAMS 06 OO MONTE L. WILLIAMS, Forest Supervisor U.S. Forest Service, Arapaho Roosevelt National Forests and Pawnee National Grassland MIKE FREEMAN, Chair Weld County Board of Commissioners Date Date KENNETH PEARSON Digitally signed by KENNETH Date: 2020 O5.05 09:31:49 -06'00' PEARSON KEN PEARSON Special Agent in Charge, Region 2, Rocky Mountain Region Date The authority and format of this agreement have been reviewed and approved for signature. KARLA SWENSON Date: 2020.04.15 15 Digitally yAR 17KRLA SWENSON 0600 KARLA SWENSON U.S. Forest Service Grants Management Specialist Burden Statement Date According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The lime required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instiuclions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, revisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center al 202-720.2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, (Vice of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call loll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (B00) 877-8339 (TDD) or (866) 377-6642 (relay voice). USDA is an equal opportunity provider and employer. Page 6 of 6 (Rev. 12-13) Joao-. iaS4(3) WELD COUNTY ANNUAL OPERATING PLAN EXHIBIT B -PATROL AREA 6S 14 D CROW VALLEY RECREATION AREA (702.1 702.3. 1022.4, 702.5) " All areas outlined in red will be patrolled during each grassland patrol. This does not exclude other Pawnee Grassland areas from being patrolled, only shows the main area of concern. Information on major issues will be passed along to Forest Service Law Enforcement. Agreement Number Initial O Follow Up USDA LAW ENFORCEMENT ACTIVITY Forest Service REPORT (Ref FSM 5300) 1. Cooperator (Department Name): 2. National Forest: 3. Record (1) 4. Action Code (2) (FS Use Only) U -Update 5. Unit Identification (3-11) 6. Date (12-5) Region Forest State County Month Year 7. Patrol Units (16-18) 8. Search and Rescue Missions Hours (19-22) No. (23-24) 9. Property Stolen (25-30) Dollars 10. Property Recovered (31-36) Dollars 11. Controlled Substances Seized (37-45) Dollars (Street Value) 12. Record (1) 13. Number of Crimes Occurring on National Forest System Lands 13a. Item # (16-17) 13b Type of Crime 13c- Coop Agreement Reimbursed Activity 18-20 ( } I3d. Non -Coop Agreement Activities (21-23) PART I - FBI UNIFORM CRIME REPORTING 01 Criminal Homicide 02 Forcible Rape 03 Robbery 04 Aggravated Assault 05 Burglary - Breaking or Entering 06 Larceny - Theft(Except Motor Vehicle) Motor Vehicle - Theft 07 08 Arson PART H - FBI UNIFORM CRIME REPORTING 09 Other Assaults (simple) 10 Stolen Property by Buying, Receiving, Possessing 11 ,.,__..._--.--_—`__ ---- Vandalism 12 Weapons - Carry, Possessing 13 Narcotic Drug Law 14 Driving Under the Influence 15 Liquor Laws 16 Drunkenness 17 Disorderly Conduct 18 All Other Offenses PART III - COOPERATOR ASSISTS 19 Assists to Forest Service Officers M_ _ 20 Assists to Public Remarks: NOTE: This document is for OFFICIAL USE ONLY It and its contents are not to be distributed outside your agency, nor duplicated, without prior approval 01 the USDA. Forest Service, Law Enforcement and Investigations Previous editions are obsolete FS -5300-5(05/03) Contract Form Entity Information Entity Name* USDA FOREST SERVICE New Contract Request Entity ID* @00002496 Contract Name* 2020 COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Contract Status CTB REVIEW Contract Description* US FOREST SERVICE AGREEMENT 2020 $5,800 Contract Description 2 Contract Type* AGREEMENT Amount * $5.800.00 Renewable* YES Automatic Renewal NO Grant IGA Department SHERIFF Department Email CM-Sheriff@weldgov corn Department Head Email CM-Sheriff- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV.COM Contract ID 3568 Contract Lead* MKNEE ❑ New Entity? Parent Contract ID 1762 Requires Board Approval YES Contract Lead Email Department Project # mknee@weldgavcom, skohIgraf@weklgov.com Requested BOCC Agenda Date* 04/2912020 Due Date 04/25/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID It this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 09/01/2020 Termination Notice Period Committed Delivery Date Renewal Date* 01701/2021 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head DONNIE PATCH DH Approved Date 04/23/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/29/2020 Originator SKOHLGRAF Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 0402412020 Tyler Ref # AG 042920 Legal Counsel BOB CHOATE Legal Counsel Approved Date 04./27/2020 Submit Hello