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Home My WebLink About20171111.tiffMEMORANDUM TO: Sheriff's Office DATE: September 18, 2020 FROM: Clerk to the Board's Office SUBJECT: Tyler Document #2017-1111 Final signatures were not obtained by the parties required to fully execute Tyler Document #2017-1111, approved by the Weld County Board of Commissioners on April 24, 2017. Due to the prolonged delay in obtaining final signatures, the Clerk to the Board's Office has deemed it prudent to close this item out. This memorandum will be added to the Commissioners' files to demonstrate this document was not fully executed. Q31-1-I((I 8O 003$ RESOLUTION RE: APPROVE AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT 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 an Agreement for Cooperative Law Enforcement 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 National Forest; Roosevelt National Forest; and the Pawnee National Grassland, commencing January 1, 2017, and ending December 31, 2017, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Cooperative Law Enforcement 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 National Forest; 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 agreement. cc: 50(SW) °'t/22/20 2017-1111 SO0038 AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D., 2017, nunc pro tunc January 1, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifeti .z[tD•ei Weld County Clerk to the Board BY: a, • R2 -OT -C y Clerk to the Board Julie A ozad, Chair Steve Moreno, Pro-TTeem C Sean P. Conway APPROVED AS TO F�1 Y4 ..� XCUSED County Attorney arbara Kirkmeyer Date of signature: 5f l l / l? 2017-1111 SO0038 dfriaLet /D /140 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Renewing agreement with US Forest Service for annual contract services; contract #1126. DEPARTMENT: Sheriff's Office DATE: 04/14/2017 PERSON REQUESTING: Jennifer Oftelie, Budget Manager Brief description of the problem/issue: The Sheriff's Office has attached, a contract with the USDA, Forest Service for contract Patrol services for Arapaho and Roosevelt National Forests and Pawnee National Grassland in Weld County. This contract is to renew an annual agreement that was put in place five years ago and has since expired. The Annual agreement is to provide up to $5,800 of Patrol services on US Forest Service land in Weld County per year. The time is scheduled for deputies outside of regular work duties, and is offered to all Patrol deputies. Once the hours are worked, the Forest Service is billed at the approved Contract rate used by other municipalities and school districts. The Forest Service was billed $4,416.71 in 2016, and $1,717.52 so far in 2017. We would like to continue our working relationship with the USDA, Forest Service, and encourage the Board to approve and sign the contract. The contract has been reviewed by Frank Haug in the County Attorney's Office and he had no issues. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) • Authorize the Chair to sign the agreement. • Deny authorization to sign. No negative impact on the County outside of our existing relationship with the USDA, Forest Service. • Schedule a work session to discuss further. Recommendation: Authorize signature and submission of the new agreement. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem Schedule Work Session Other/Comments: 2017-1111 50003E USDA, Forest Service OMB 0596-0217 FS -1500-8 FS Agreement No. 17 -LE -11021006-019 Cooperator Agreement No. COOPERATIVE LAW ENFORCEMENT AGREEMENT Between The Weld County Sheriffs Office And The USDA, FOREST SERVICE Arapaho and Roosevelt National Forests and Pawnee National Grassland This COOPERATIVE LAW ENFORCEMENT AGREEMENT (`Agreement') is entered into by and between the Weld County Sheriffs Office, hereinafter referred to as "Weld County SO," and the USDA, Forest Service, Arapaho and Roosevelt National Forests and Pawnee National Grassland, hereinafter referred to as the "U.S. Forest Service," under the provisions of the Cooperative Law Enforcement Act of August 10, 1971, Pub. L. 92-82, 16 U.S.C. 551a. Background: The parties to this agreement recognize that public use of National Forest System lands (NFS lands) is usually located in areas that are remote or sparsely populated. The parties also recognize that the enforcement of State and local law is related to the administration and regulation of NFS lands and Weld County SO has/have a limited amount of financing to meet their responsibility of enforcing these laws. Title: Cooperative Law Enforcement Agreement with Weld County I. PURPOSE: The purpose of this agreement is to document a cooperative effort between the parties to enhance State and local law enforcement in connection with activities on NFS lands and provide for reimbursement to Weld County SO for the intensified portion of this effort. In consideration of the above premises, the parties agree as follows: II. THE COOPERATOR SHALL: A. Perform in accordance with the approved and hereby incorporated Annual Financial and Operating Plan (Annual Operating Plan) attached as Exhibit A. See related Provision IV -E. B. Ensure that the officers/agents of Weld County SO performing law enforcement activities under this agreement meet the same standards of training required of the officers/agents in their jurisdiction, or the State Peace Officers Standards of Training where they exist. Page 1 of 10 (Rev. 9-15) ao/%////6 j USDA, Forest Service OMB 0596-0217 ES-15OO-8 C. Provide uniformed officers/agents with marked vehicles to perform all activities unless agreed to otherwise in the Annual Operating Plan. D. Advise the U.S. Forest Service Principal Contact, listed in Provision IV -B, of any suspected criminal activities in connection with activities on NFS lands. E. Upon the request of the U.S. Forest Service, dispatch additional deputies within manpower capabilities during extraordinary situations as described in Provision IV -J. F. Complete and furnish annually the U.S. Forest Service with Form FS -5300-5, Cooperative Law Enforcement Activity Report, identifying the number of crimes occurring on NFS lands. The report shall follow the FBI Uniform Crime Reporting groupings, Part 1 and Part II offenses. Offenses and arrest information shall be combined and reported for each crime. This report shall separate the crimes handled under this agreement from those handled during regular duties. G. Provide the U.S. Forest Service Principal Contact, listed in Provision IV -B, with case reports and timely information relating to incidents/crimes in connection with activities on NFS lands. H. Bill the U.S. Forest Service for Weld County SO's actual costs incurred to date, displayed by separate cost elements, excluding any previous U.S. Forest Service payment(s) made to the date of the invoice, not to exceed the cumulative funds obligated hereunder and as specified on the Annual Operating Plan. Billing frequency will be as specified in the Annual Operating Plan. See related Provisions Ill -B, IV -I, and IV -P. I. Give the U.S. Forest Service or Comptroller General, through any authorized representative, access to and the right to examine all records related to this agreement. As used in this provision, "records" include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. J. Comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies. These include, but are not limited to Sections 119 and 504 of the Rehabilitation Act of 1973 as amended, which prohibits discrimination on the basis of race, color, religion, sex, age, national origin, marital status, familial status, sexual orientation, participation in any public assistance program, or disability. K. Maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide Page 2 of 10 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-8 information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. L. Monitor the U.S. Forest Service radio during the following time period(s): as requested between the dates of 1/1/2017 and 12/31/2017. Address any concerns or notify/ request assistance from the U.S. Forest Service as required in the judgment of Weld County SO. III.THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the Annual Operating Plan attached as Exhibit A. B. Reimburse Weld County SO for actual expenses incurred, not to exceed the estimated amount shown in the Annual Operating Plan. The U.S. Forest Service will make payment for project costs upon receipt of an invoice. Each correct invoice shall display Weld County SO's actual expenditures to date of the invoice, displayed by separate cost elements as documented in the Annual Operating Plan, less any previous U.S. Forest Service payments. See related Provisions 11 -Hand IV -I. The invoice should be forwarded as follows: Submit original invoices) for payment to: USDA, Forest Service Albuquerque Service Center Payments — Grants & Agreements 101B Sun Avenue NE Albuquerque, NM 87109 FAX: (877) 687-4894 E -Mail: asc_ga@fs.fed.us Send cony to: A. Nicole Edison U.S. Forest Service Arapaho and Roosevelt National Forests and Pawnee National Grassland 2150 Centre Ave. Bldg. E Fort Collins, CO 80526 Phone: 970-295-6719 E -Mail: aedison@gmail.com IV. IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE PARTIES THAT: A. The parties will make themselves available, when necessary to provide for continuing consultation, exchange information, aid in training and mutual support, discuss the conditions covered by this agreement and agree to actions essential to fulfill its purposes. B. The principal contacts for this agreement are: Principal Cooperator Contacts: Page 3 of 10 '(Rev. 9.15) Cooperator Program Contact Cooperator Administrative Contact Name: Sheriff Steve Reams Address: 1950 O St. City, State, Zip: Greeley, CO 80632 Telephone: 970-356-4015 ext:2801 FAX: 970-304-6467 Email: Name: Sam Kaneta Address: 1950 0 St. City, State, Zip: Greeley, CO 80632 Telephone: 970-356-4015 ext:2877 FAX: Email: skaneta@co.weld.co.us Principal U.S, Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Name: A. Nicole Edison Name: Marty Wester Address: 2150 Centre Ave. Bldg. E Address: 2150 Centre Ave. Bldg. E City, State, Zip: Fort Collins, CO 80526 City, State, Zip: Fort Collins, CO 80526 Telephone: 970-295-6719 Telephone: 970-295-6687 FAX: 970-295-6798 FAX: Email: aedison(aifs.led.us Email: mwesterk4fs.fed.us Name: Kenneth Pearson, Regional Patrol Name: Misty Mitchell, Administrative Commander Assistant Address: 740 Simms St. Address: 2250 Highway 50 Golden, CO 80401 Delta, CO 81416 Phone: 303-275-5238 Phone: 970-874-6638 Email: kenpearson@fs.fed.us Email: mistymmitchell@fs.fed.us C. An Annual Operating Plan will be negotiated on a 1 year basis. At the end of the year, funds not spent may be carried forward to the next year, or deobligated at the request of the U.S. Forest Service. Upon expiration of the Cooperative Law Enforcement Agreement, funds not spent will be deobligated. D. This agreement has no effect upon Weld County SO's right to exercise civil and criminal jurisdiction on NFS lands nor does this agreement have any effect upon the responsibility of the U.S. Forest Service for the enforcement of federal laws and regulations relative to NFS lands. E. Any Annual Operating Plan added to this agreement will be jointly prepared and agreed to by the parties. The Annual Operating Plan shall at a minimum contain: 1. Specific language stating that the Annual Operating Plan is being added to this agreement thereby subjecting it to the terms of this agreement. 2. Specific beginning and ending dates. Page 4 of 10 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -15008 3. Bilateral execution prior to any purchase or the performance of any work for which reimbursement is to be made. 4. Specify any training, equipment purchases, and enforcement activities to be provided and agreed rates for reimbursement including the maximum total amount(s) for reimbursement. 5. An estimate of the useful life of any equipment purchased under this agreement as required by Provision IV -K. 6. Billing frequency requirement(s). See related Provisions II -H and I11 -B. 7. Designation of specific individuals and alternate(s) to make or receive requests for enforcement activities under this agreement. 8. A review and signature of a U.S. Forest Service Agreements Coordinator. F. Nothing in this agreement obligates either party to accept or offer any Annual Operating Plan under this agreement. G. The officers/agents of Weld County SO performing law enforcement activities under this agreement are, and shall remain, under the supervision, authority, and responsibility of Weld County SO. Law enforcement provided by Weld County SO 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. H. Federal Communication Commission procedures will be followed when operating radio(s) on either party's frequency. I. Weld County SO's reimbursable expenses must be: listed in an approved Annual Operating Plan; expended in connection with activities on NFS lands; and expenses beyond those which are normally able to provide. J. During extraordinary situations such as, but not limited to: fire emergency, drug enforcement activities, or certain group gatherings, the U.S. Forest Service may request to provide additional special enforcement activities. The U.S. Forest Service will reimburse Weld County SO for only the additional activities requested and not for activities that are regularly performed by Weld County SO. K. Reimbursement may include the costs incurred by Weld County SO in equipping or training its officers/agents to perform the additional law enforcement activities authorized by this agreement. Unless specified otherwise in the Annual Operating Plan, reimbursement for equipment and training will be limited to a pro rata share based on the percentage of time an officer/agent spends or equipment is used under this agreement. Page 5 of 10 (Rev. 9-I5) S USDA. Forest Service OMB 0596-0217 FS -1500-8 When reimbursement for items such as radios, radar equipment, and boats is being contemplated, reimbursement for leasing of such equipment should be considered. If the U.S. Forest Service's equipment purchases are approved in the Annual Operating Plan, an estimate of the useful life of such equipment shall be included. When purchased, equipment use rates shall include only operation and maintenance costs and will exclude depreciation and replacement costs. Whether Weld County SO is/are reimbursed for lease/purchase costs, or the U.S. Forest Service purchases and transfers the equipment, the total cost for the equipment cannot exceed the major portion of the total cost of the Annual Operating Plan unless approved by all parties in the agreement and shown in the Annual Operating Plan. When the U.S. Forest Service provides equipment, the transfer shall be documented on an approved property transfer form (AD -107) or equivalent. Title shall remain with the U.S. Forest Service, however; Weld County SO shall ensure adequate safeguards and controls exist to protect loss or theft. Weld County SO shall be financially responsible for any loss at original acquisition cost less depreciation at the termination of the agreement. Weld County SO is/are responsible for all operating and maintenance costs for equipment that the U.S. Forest Service has reimbursed Weld County SO for and/or transferred to Weld County SO under the AD -107 process or equivalent. L. Equipment and supplies approved for purchase under this agreement are available only for use as authorized. The U.S. Forest Service reserves the right to transfer title to the U.S. Forest Service of equipment and supplies, with a current per -unit fair market value in excess of $5,000.00, purchased by Weld County SO using any Federal funding. Upon expiration of this agreement Weld County SO shall forward an equipment and supply inventory to the U.S. Forest Service, listing all equipment purchased throughout the life of the project and unused supplies. The U.S. Forest Service will issue disposition instructions within 120 calendar days, in accordance with equipment regulations contained in 7 CFR 3016.32. M. When no equipment or supplies are approved for purchase under an Annual Operating Plan, U.S. Forest Service funding under this agreement is not available for reimbursement of Weld County SO's purchase of equipment or supplies. N. When State conservation agencies have the responsibility for public protection in addition to their normal enforcement responsibility, their public protection enforcement activities may be included in Annual Operating Plans and are then eligible for reimbursement. Reimbursement is not authorized to State Conservation Agencies for enforcement of fish and game laws in connection with activities on NFS lands. O. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to Weld County SO in excess of the amount to which Weld County SO is/are finally determined to be entitled under the terms and conditions of the award constitute a debt to the federal Government. If not paid within a reasonable period after the demand for payment, the Federal awarding agency may reduce the debt by: Page 6 of 10 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-8 I. Making an administrative offset against other requests for reimbursements. 2. Withholding advance payments otherwise due to Weld County SO. 3. Taking other action permitted by statute. Except as otherwise provided by law, the Federal awarding agency shall charge interest on an overdue debt in accordance with 4 CFR, Chapter II "Federal Claims Collection Standards" and 31 U.S.C. Chapter 37. P. Modifications within the scope of the agreement shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. Q. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date of expiration. Neither party shall incur any new obligations for the terminated portion of this agreement after the effective date and shall cancel as many obligations as is possible. Full credit shall be allowed for each party's expenses and all noncancelable obligations properly incurred up to the effective date of termination. R. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS: All non federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113, relating to reporting fraud, waste and abuse to authorities: (a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect. (c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) If the Government determines that the recipient is not in compliance with this award provision, it: Page 7 of 10 (Rev. 9-15) S USDA, Forest Service OMB 0596-021"7 F -5-1500-S (I) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 1 14-1 13) or any successor provision of law; and (2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions. S. Federal wage provisions (Davis -Bacon or Service Contract Act) are applicable to any contract developed and awarded under this agreement where all or part of the funding is provided with Federal funds. Davis -Bacon wage rates apply on all public works contracts in excess of $2,000 and Service Contract Act wage provisions apply to service contracts in excess of $2,500. The U.S. Forest Service will award contracts in all situations where their contribution exceeds 50 percent of the cost of the contract. If Weld County SO is/are approved to issue a contract, it shall be awarded on a competitive basis. T. This agreement in no way restricts the U.S. Forest Service or Weld County SO from participating in similar activities with other public or private agencies, organizations, and individuals. U. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. V. Any information furnished to the U.S. Forest Service under this agreement is subject to the Freedom of Information Act (5 U.S.C. 552). W. This agreement is executed as of the date of the last signature and, unless sooner terminated, shall be effective for a period of five years through January 1, 2022. X. 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 agreement as of the last date written below. Page 8 of 10 (Rev. 9-15) See AOP Signature Block STEVE REAMS, Sheriff Weld County See AOP Signature Block <1rf1-17 Date MONTE WILLIAMS, Forest Supervisor U.S. Forest Service, Arapaho and Roosevelt National Forests and Pawnee National Grassland Date See AOP Signature Block APR 2 4 2017 JULIE COZAD Date County Commissioner See AOP Signature Block KENT DELBON Date Special Agent in Charge, Rocky Mountain Region The authority and format of this agreement have been reviewed and approved for signature. See AOP Signature Block MARTIN WESTER U.S. Forest Service Grants Management Specialist Date I Burden Statement 1 Page 9 of 10 (Rev. 9-15) aO/7-//// 6) S USDA, Forest Service OMB 0596-0217 FS -1500-8 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 colecton of information unless it displays a valid OMB control number. The valid OMB control number for this information colection is 0596-0217. The time required to complete this information colection is estimated to average 3 hours per response, including the lime for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the colection of information. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from disaiminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720.2600 (voice and TTY) or contact USDA through the Federal Relay Service at (600)877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD -3027, found online at How to File a Program Discrimination Complaint end at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in Ste form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDAisanequalopportunityprovider, employer, and lender. Page 10 of 10 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS -1500-8A FS Agreement No. 17 -LE-11021006-018 Cooperator Agreement No. EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between The WELD COUNTY SHERIFF'S OFFICE And the USDA, FOREST SERVICE ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND 2017 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between the Weld County Sheriff's Office, hereinafter referred to as "Cooperator," and the USDA, Forest Service, Arapaho and 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 -LE -11021006-018 executed on , 2017. This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning January 1, 2017 and ending December 31, 2017. Previous Year Carry-over: $0.00 Current Fiscal Year Obligation: $5800.00 FY2016 Total Annual Operating Plan: $5800 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. Principle Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Name: Sheriff Steve Reams Name: Sam Kaneta Address: Weld County Sheriff's Office Address: Weld County Sheriff's Office 1950 O Street 1950 O Street City, State, Zip: Greeley, CO 80631 City, State, Zip: Greeley, CO 80631 Telephone: 970-356-4015 ext. 2801 Telephone: 970-356-4015 ext. 2877 FAX: 970-304-6467 FAX: Email: Email: skaneta(aco.weld.co.us Page 1 of 6 USDA, Forest Service OMB 0596-0217 FS -1500-8A Principle U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact Name: A. Nicole Edison Address: 2150 Centre Ave. Bldg. E City, State, Zip: Fort Collins, CO 80526 Telephone: 970-295-6719 FAX: 970-295-6798 Email: aedison@fs.fed.us Name: Kenneth Pearson, Regional Patrol Commander Address: 740 Simms St. Golden, CO 80401 Phone: 303-275-5238 Email: kenpearson@fs.fed.us U.S. Forest Service Administrative Contact Name: Martin Wester, Grants Management Specialist Address: U.S. Forest Service City, State, Zip: "" Telephone: 970-295-6687 FAX: Email: mwester(ft,fs.fed.us Payment Approver: Name: Misty Mitchell Telephone: 970-874-6638 Email: mistymmitchell@fs.fed.us B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Wages at the prevailing rate of $60.54/hour. 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. I. 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 during the evening hours. 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 6 Crow Valley Campground, Baker Draw Shooting Range Total reimbursement for this category shall not exceed the amount of: $5800 III. TRAINING: See Cooperative Law Enforcement Agreement Provision IV -K for additional information. Total reimbursement for this category shall not exceed the amount of: $0 IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV -K, IV -L, and IV -M for additional information. Total reimbursement for this category shall not exceed the amount of: $0 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 Cooperator 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 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. Page 3 of 6 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 II -H and III -B for additional information. A. The Cooperator is approved for billing the U.S. Forest Service on a monthly basis in accordance with this Operating Plan. All billings and supporting documentation will be forwarded to the designated Forest Service Representative named below. A copy of the FS -5300-5 shall be submitted to the Forest Service Representative annually. A copy is included in this Operating Plan. U.S. Forest Service shall reimburse Cooperator for actual expenses incurred, not to exceed the estimated amount shown in the Annual Operating Plan. The U.S. Forest Service will make payment for project costs upon receipt of an invoice. Each correct invoice shall display Cooperator's actual expenditures to date of the invoice, displayed by separate cost elements as documented in the Annual Operating Plan, less any previous U.S. Forest Service payments. Please put FS Agreement Number and performance dates on invoice. The invoice should be forwarded as follows: Submit original invoices) for payment to: USDA, Forest Service Albuquerque Service Center I0I B Sun Avenue NE Albuquerque, NM 87109 FAX: (877) 687-4894 E -Mail: asc_ga@fs.fed.us Send copy of invoice and supporting documentation to: Nicole Edison U.S. Forest Service 2150 Centre Ave., Bldg. E Ft. Collins, CO 80526 Phone: 970-295-6719 E -Mail: aedison@fs.fed.us Page 4 of 6 B. 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 $5800 0 Training Equipment Special Enforcement Situations Total $5800 0 C. Any remaining funding in this Annual Operating Plan may be carried forward to the next calendar 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. In witness whereof, the parties hereto have executed this Annual Operating Plan as of the last date written below. STEVE REAMS, Sheriff Weld County MONTE WILLIAMS, Forest Supervisor U.S. Forest Service, Arapaho and Roosevelt National Forests and Pawnee National Grassland COZAD, Chairman Weld County Board of Co o sioners Date APR 2 4 2017 Date KENT DELBON Date Special Agent in Charge, Rocky Mountain Region Page 5 of 6 USDA, Forest Service OMB 0596.0217 ES -1500-8A The authority and format of this agreement have been reviewed and approved for signature. M/R7INtWES ER U. Forest Servt nts Management Specialist 4/4/2017 Date Burden Statement According to the Paperwork Reduction Ad of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a colection 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 3 hours per response, including the lime for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing end 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 disonminatian, 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 (600) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer, Page 6 of 6 Hello