HomeMy WebLinkAboutAgreement A-22-368 with USDA.pdf Agreement No. 22-368
[!�S S-1 USDA,Forest Service OMB F 0217 S-]500-8
FS Agreement No. 22-LE-11031600-025
Cooperator Agreement No.
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between The
FRESNO, COUNTY OF
And The
USDA, FOREST SERVICE
SIERRA NATIONAL FOREST
This COOPERATIVE LAW ENFORCEMENT AGREEMENT (`Agreement') is entered into
by and between the Fresno, County of(Fresno County Sheriffs Department), hereinafter
referred to as "the Cooperator," and the United States Department of Agriculture (USDA),
Forest Service, Sierra National Forest, 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 the Cooperator has/have a limited amount of financing to meet their
responsibility of enforcing these laws.
Title: Fresno County Cooperative Law Enforcement Agreement
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 the Cooperator 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 Financial and
Operating Plans (Operating Plans) attached as Exhibits A and B. See related
Provision X-E.
B. Ensure that the officers/agents of the Cooperator 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.
C. Provide uniformed officers/agents with marked vehicles to perform all activities
unless agreed to otherwise in the Operating Plans.
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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 I and Part 11 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 the Cooperator'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 Operating Plans. Billing frequency will be
as specified in the Operating Plans. See related provisions III-B, IV-I, and IV-P.
1. 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
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.
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L. Monitor the U.S. Forest Service radio during the following time period(s): any time
periods requested by the designated or alternate representative as stated in the
operating plans, during emergencies or when assistance is required,when
capabilities allow the Cooperator to do so. The Cooperator is to allow Forest Service
Law Enforcement use of the Coopertor's radio frequencies and dispatch to
accomplish the mutually agreed upon Law Enforcement mission. Address any
concerns or notify/request assistance from the U.S. Forest Service as required in the
judgment of the Cooperator.
M. The cooperator may assist with enforcing local authority on or adjacent to Forest
Service lands, in accordance with the Cooperator delegation of authority and
congruent within the scope of the Operating Plans. The Cooperator may assist with
Sierra National Forest Fire Restrictions by way of public contacts and enforcing any
applicable local or state code, such as California Public Resource Code. Calls for
service or normal patrol areas may include campsites or areas off normal paved road
design
N. Assist with special enforcement situations including but not limited to: Fire
Emergencies, Drug Enforcement, and certain Group Gatherings. See Exhibit A
Section V Special Enforcement Situations
III. THE U.S. FOREST SERVICE SHALL:
A. Perform in accordance with the Operating Plans attached as Exhibits A and B.
B. Reimburse the Cooperator for actual expenses incurred, not to exceed the estimated
amount shown in the Operating Plans. The U.S. Forest Service will make payment
for project 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 Operating Plans, less any previous U.S. Forest
Service payments. See related Provisions II-H and IV-1. The invoice should be
forwarded as follows:
Submit original invoice(s) for Send copy to:
payment to:
USDA, Forest Service Rene Villanueva,Patrol Captain
Albuquerque Service Center Cooper Fouch, Special Agent
Payments—Grants&Agreements U.S. Forest Service—LE&I Sierra
101 B Sun Avenue NE National Forest
Albuquerque,NM 87109 1600-Tollhouse Rd.
FAX: (877) 687-4894 Clovis, CA 93611
E-Mail: sm.fs.asc ga(-,usda.gov Phone: (559)297-0706 (patrol)
(559) 862-7498 (controlled sub)
E-Mail: rene.villanueva(-,usda.gov
cooper.fouchAusda.gov
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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:
Cooperator Program Contact Cooperator Administrative Contact
Margaret Mims, Sheriff-Coroner-Public Kathy Curtice, Lieutenant
Administrator 2200 Fresno St.
P.O. Box 1788 Fresno, CA 93721
Fresno, CA 92717 Telephone: 559-317-7970
Telephone: 559-600-8800 Email: Kathy.Curticegfresnosherif£org
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Patrol Contact Contact
Rene Villanueva Mauro Napoletano
Patrol Captain Program Support Assistant/FPO
1600 Tollhouse Rd 1600 Tollhouse Rd.
Clovis, CA 93611 Clovis, CA 93611
Telephone: 559-297-0706 ext. 4986 Telephone: 559-765-1304
Email: rene.villanueva usda.Qov Email: mauro.na oletano usda. ov
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Controlled Substance Contact Grants & Agreements Contact
Cooper Fouch, Special Agent Genevieve Villemaire
1600 Tollhouse Rd Grants Management Specialist
Clovis, CA 93611 35 College Drive
Telephone: 559-862-7498 South Lake Tahoe, CA 96150
Email: cooper.fouchausda.gov Telephone: 530-543-2783
Email: genevieve.villemairegusda.ggy
C. Operating Plans will be negotiated on a calendar 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.
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D. This agreement has no effect upon Cooperator'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 Operating Plan added to this agreement will be jointly prepared and agreed to by
the parties. The Operating Plans shall at a minimum contain:
1. Specific language stating that the Operating Plans are being added to this
agreement thereby subjecting it to the terms of this agreement.
2. Specific beginning and ending dates.
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 III-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 Operating Plan
under this agreement.
G. The officers/agents of the Cooperator performing law enforcement activities under
this agreement are, and shall remain, under the supervision, authority, and
responsibility of the Cooperator. Law enforcement provided by the Cooperator and its
employees shall not be considered as corning 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. FSO's reimbursable expenses must be: listed in an approved Operating Plan;
expended in connection with activities on NFS lands; and expenses beyond those
which are normally able to provide.
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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 the Coopertator for only the additional activities requested and not for
activities that are regularly performed by the Cooperator.
K. Reimbursement may include the costs incurred by the Cooperator in equipping or
training its officers/agents to perform the additional law enforcement activities
authorized by this agreement. Unless specified otherwise in the Operating Plans,
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.
L. 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 Operating Plans, 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 the Cooperator 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 Operating Plans unless approved by all parties in the agreement and
shown in the Operating Plans.
M. 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; the Cooperator shall ensure adequate safeguards and
controls exist to protect loss or theft. The Cooperator shall be financially responsible
for any loss at original acquisition cost less depreciation at the termination of the
agreement. the Cooperator is responsible for all operating and maintenance costs for
equipment that the U.S. Forest Service has reimbursed the Cooperator for and/or
transferred to the Cooperator under the AD-107 process or equivalent.
N. 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 bythe Cooperator using any Federal funding.
Upon expiration of this agreement the Cooperator 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.
O. When no equipment or supplies are approved for purchase under an Operating Plan,
U.S. Forest Service funding under this agreement is not available for reimbursement
of the Cooperator 's purchase of equipment or supplies.
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P. 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 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.
Q. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, y funds paid to the
Cooperator in excess of the amount to which the Cooperator is 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:
1. Making an administrative offset against other requests for reimbursements.
2. Withholding advance payments otherwise due to the Cooperator.
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.
R. 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.
S. 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.
T. 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.
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(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:
(1) 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. 114-113) 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.
U. 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
the Cooperator is approved to issue a contract, it shall be awarded on a competitive
basis.
V. This agreement in no way restricts the U.S. Forest Service or the Cooperator from
participating in similar activities with other public or private agencies, organizations,
and individuals.
W. 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.
X. 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).
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Y. This agreement is executed as of the date of the last signature and,unless sooner
terminated, shall be effective through Aprfl 30,2027.
Z. 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.
MARGARET MIMS, Date
Sheriff,-Coroner-Public Administrator
Fresno County
DEAN GOULD, Forest Supervisor, P.E. Date
U.S. Forest Service, Sierra National Forest
_ y L �L 023 'a�;L
BRIAN PACHECO,Chairman Date
Board of Supervisors,Fresno County
DON HOANG Date
Special Agent in Charge, Pacific Southwest Region
U.S. Forest Service
The authority and format of this agreement have been reviewed and approved for
signature.
Digitally signed by GENEVIEVE
GENEVIEVE VILLEMAIRE VILLEMAIRE
Date:2022,06.23 20:00:03-07'00' 6/23/2022
GENEVIEVE VILLEMAIRE Date
U.S. Forest Service Grants Management Specialist
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California Page 9 of 10 (Rev.9-15)
By_ Deputy
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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 3 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and
maintaining the data needed,and completing and reviewing the collection 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 discriminating 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(800)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 and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the 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.USDA is an equal opportunity provider,employer,and lender.
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FS Agreement No. 22-LE-11051360-025
Cooperator Agreement No.
EXHIBIT A
COOPERATIVE LAW ENFORCEMENT OPERATING & FINANCIAL PLAN
Between The
FRESNO, COUNTY OF
And the
USDA,FOREST SERVICE
SIERRA NATIONAL FOREST
2022 PATROL OPERATING AND FINANCIAL PLAN
This Financial and Operating Plan (Operating Plan), is hereby made and entered into by and
between the Fresno, County of(Fresno County Sheriff s Office), hereinafter referred to as "the
Cooperator" and the United States Department of Agriculture (USDA), Forest Service, Sierra
National Forest, hereinafter referred to as the "U.S. Forest Service,"under the provisions of
Cooperative Law Enforcement Agreement#22-LE-11051360-025. This Operating and
Financial Plan is made and agreed to as of the last signature date on the Cooperative Law
Enforcement Agreement and is in effect through April 30, 2027, unless modified during the
annual review.
Previous Year Carry-over: N/A
Current 2022 Year Obligation: $26,000
Total Operating Plan: $26,000
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 Cooperator Administrative Contact
Margaret Mims, Sheriff-Coroner-Public Kathy Curtice, Lieutenant
Administrator 2200 Fresno St.
P.O. Box 1788 Fresno, CA 93721
Fresno, CA 92717 Telephone: 559-317-7970
Telephone: 559-600-8800 Email: Kathy.Curtice a,fresnosheriff.org
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Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Contact Contact
Rene Villanueva, Patrol Captain Mauro Napoletano
1600 Tollhouse Rd 1600 Tollhouse Rd.
Clovis, CA 93611 Clovis, CA 93611
Telephone: 559-297-0706 ext. 4986 Telephone: 559-765-1304
Email: rene.villanueva:Zriusda.Q.,ov Email: mauro.napoletano c,usda.gov
U.S. Forest Service
Grants & Agreement Contact
Genevieve Villemaire
Grants Management Specialist
35 College Drive
South Lake Tahoe, CA 96150
Telephone: 530-543-2783
Email: Qenevieve.villemaire usda.-ov
B. Reimbursement for all types of enforcement activities shall be at the following rates
unless specifically stated otherwise:
Salary (base) $114.98 per hour
Salary (overtime) $65.216 per hour
Per diem costs Actual documented costs not to exceed the Federal Per Diem
Rates (www.gsa.gov)
Travel (mileage and fares) $0.575 per mile
Helicopter flight time=Actual documented costs
Supplies or equipment=Actual documented costs
M&IE plus lodging=Actual documented costs
Standby=Actual documented costs
Vehicle Idle = Actual documented costs
Deputy Sheriff I Regular hourly rate and overtime rate= Actual documented
costs
Deputy Sheriff II Regular hourly rate and overtime rate =Actual documented
costs
Sergeant Regular hourly rate and overtime rate= Actual documented costs
Reserve Deputy Sheriff Regular hourly rate and overtime rate = Actual
documented costs Cost
Travel (mileage and fares) = Actual documented costs
Helicopter flight time =Actual documented costs
Supplies or equipment= Actual documented costs
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II. PATROL ACTIVITIES:
A. Time schedules for patrols will be flexible to allow for emergencies, other priorities, and
day-to-day needs of both the 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.
1. Patrol on following U.S. Forest Service roads:
Assignment of one Deputy Sheriff shall be the patrol of Stump Springs Road and the
High Sierra Recreation Area; each to be provided at a minimum of once per week or
as need indicates. Other roads needing patrol on a regular basis include but are not
limited to: Dinkey Creek Road, McKinley Grove Road, Courtright Road, Black Rock
Road, Trimmer Springs Road, and Big Creek Road. These roads will be patrolled as
need indicates or as requested by the designated representative or alternate
representative with the agreement of the Cooperator. The Deputy is to provide copies
of all written reports, incident reports, and citations occurring on National Forest
Lands after approval of Supervisory Officer to the designated representative for
agency LEIMARS data entry
2. Patrol in the following campgrounds, developed sites, or dispersed areas:
Assignment of one Deputy Sheriff, in addition to the present Deputy Sheriff at Shaver
Lake to the Huntington Lake Recreational Area on a full time (40 hours per week
basis for the period commencing on or about June 22 through August 9 annually.
The primary duties of this deputy shall include answering calls for service, routine
patrol, necessary investigation of criminal offenses and insuring the general safety of
recreational activities. These campgrounds and recreational sites include but are not
limited to; Rancheria, Eastwood, College, Deer Creek, Kinnikinnick, Bear Cove,
Catavee, Billy Creek, Billy Creek Lower, and Doweville.
These Deputies are to provide copies of all written reports, incident reports, citations,
and incidents occurring on National Forest Lands after approval of their Supervisory
Officer to the designated or alternate representative for agency LEIRS data entry.
Total reimbursement for this category shall not exceed the amount of: $26,000.
Unused dispatch funds may be used for patrol activities, in which case the maximum
reimbursement may not exceed the amount of: $26,000.
III. TRAINING:
See Cooperative Law Enforcement Agreement Provision IV-K for additional information.
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Training will be limited to work related training aimed at improving the overall efficiency of
the enforcement and patrol activities related to this agreement between the Cooperator and the
Forest Service. This includes training for those Officers that work in the mountainous terrain
and County areas within the boundaries of the Sierra National Forest. It is mutually
understood that at the time of this agreement that not all parties will know of all the training
that is available
Total reimbursement for this category shall not exceed the amount of: 10% of the total
agreement
IV. EQUIPMENT:
See Cooperative Law Enforcement Agreement Provisions IV-K, IV-L, and IV-Mfor additional
information.
The Forest Service shall provide (1) hand held radio to operate on Forest Service Frequencies
and (1) mobile car radio to operate on Forest Service Frequencies.
The Forest Service agrees to: Provide the Cooperator with housing at Huntington Lake for the
period identified in section I1, C.
The Cooperator agrees to: Hold the Forest Service harmless as to liability for accidental loss or
damages of property as result of County's use of said housing pursuant to this agreement.
Notify the Forest Service of loss or damage involving said housing within 24 hours of
occurrences, or discovery of occurrence.
Any equipment purchase will be mutually agreed upon between the designated representatives
or alternate representatives.
Total reimbursement for this category shall not exceed the amount of: 10%of the total
agreement
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 Operating Plan. The designated representative will then notify
FSO whether funds will be authorized for reimbursement. If funds are authorized, the
parties will then jointly prepare a revised Operating Plan.
1. 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
Page 4 of 6 (Rev. 12-13)
0596-0217
U�5 USDA,Forest Service O�S-1500-8A
Agent in Charge or their designated representative. Reimbursement shall be made
at the rates specified in Section I-13. 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 U.S. 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 U.S. 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 U.S. 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 will furnish either monthly, quarterly, or annually itemized statements of
expenses to the U.S. Forest Service. These expenditures shall be tie to the reimbursable
expenses and the rate schedule, and shall be certified by the Cooperator as being proper.
The statements must be completed and accompanied by a Law Enforcement Activity
Report, form FS-5300-5 for each billing statement.
B. Submit original invoice(s) for Send a copy to:
Payment to:
USDA, Forest Service Rene Villanueva, Patrol Captain
Albuquerque Service Center U.S. Forest Service-LEI
Payments - Grants &Agreements 1600 Tollhouse Rd
101 B Sun Avenue NE Clovis, CA 93611
Page 5 of 6 (Rev. 12-13)
U�S USDA,Forest Service O�SS]00 8,A
Albuquerque,NM 87109 Telephone: 559-297-0706 ext. 4986
FAX: (877) 687-4894
Email: sm.fs.asc ga(2cusda.gov Email: rene.villanuevagusda.gov
C. Final billing for reimbursement in this Operating Plan must be received by the U.S.
Forest Service before December 31 st.
D. Any remaining funding in this 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 de-obligated at the request of the U.S. Forest Service. See
Cooperative Law Enforcement Agreement Provision IV-C.
E. The following is a breakdown of the total estimated costs associated with this Operating
Plan.
Category Estimated Costs Not to Exceed b %
Patrol Activities $26,000
Training 10%
Equipment 10%
Special Enforcement Situations Case by Case
Total $26,000
V. CLOSE OUT:
Final billing for reimbursement of this five-year Cooperative Law Enforcement Agreement must be
received by the U.S. Forest Service no later than 120 days from the agreement expiration date
April 30, 2027.
Page 6 of 6 (Rev. 12-13)
U�S USDA,Forest Service OMB 0
PS-1501500-8A8A
FS Agreement No. 22-LE-11051360-025
Cooperator Agreement No.
EXHIBIT B
COOPERATIVE LAW ENFORCEMENT OPERATING & FINANCIAL PLAN
Between The
FRENO, COUNTY OF
And the
USDA, FOREST SERVICE
SIERRANATIONAL FOREST
2022 CONTROLLED SUBSTANCE OPERATING AND FINANCIAL PLAN
This Financial and Operating Plan (Operating Plan), is hereby made and entered into by and
between the Fresno, Couny of(Fresno County Sheriff's Office), hereinafter referred to as "the
Cooperator" and the United States Department of Agriculture (USDA), Forest Service, Sierra
National Forest, hereinafter referred to as the "U.S. Forest Service,"under the provisions of
Cooperative Law Enforcement Agreement#22-LE-11051360-025. This Operating and
Financial Plan is made and agreed to as of the last signature date on the Cooperative Law
Enforcement Agreement and is in effect through April 30,2027, unless modified during the
annual review.
Previous Year Carry-over: N/A
Current 2022 Year Obligation: $18,000
Total Operating Plan: $18,000
1. 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 Cooperator Administrative Contact
Robert Dutrow, Lieutenant Annabel Baldwin, Sheriff-Coroner's Office
County of Fresno, Sheriff.-Coroner's Office 2200 Fresno Street
2200 Fresno Street Fresno, CA 93717
Fresno, CA 93721-1703 Phone: 559-600-8568
Phone: (559) 600-8083 email: Annabel.baldwin a fresnosheriff.org
email: robert.dutrowRfresnosheriff.org
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U�S USDA,Forest Service OMB 0
FS-150-1500-8A8A
Cooperator Finance Contact
Cooper Fouch, Special Agent
1600 Tollhouse Rd
Clovis, CA 93611
Telephone:
Email: cooper.fouch i,usda.gov
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Controlled Substance Contact Contact
Cooper Fouch, Special Agent Mauro Napoletano
1600 Tollhouse Rd 1600 Tollhouse Rd.
Clovis, CA 93611 Clovis, CA 93611
Telephone: Telephone: 559-765-1304
Email: cooper.fouch_acusda.gov Email: mauro.napoletano a usda.gov
U.S. Forest Service Program U.S. Forest Service
Coordinator Contact Grants & Agreement Contact
Joseph Sadowski Genevieve Villemaire
Assistant Special Agent in Charge Grants Management Specialist
1323 Club Drive 35 College Drive
Vallejo, CA 94592 South Lake Tahoe, CA 96150
Telephone: 707-562-9170 Telephone: 530-543-2783
Fax: 707-562-9031 Email: genevieve.villemaire?usda.gov
Email: 'Joseph.sadowski(2cusda.agov
II. CONTROLLED SUBSTANCE OPERATIONS
Pursuant to IV- I of Agreement No.22-LE-11051360-025,the following is in support of
operations to suppress manufacturing and trafficking of controlled substances on or
affecting the administration of National Forest System lands, with an emphasis on
identification, apprehension and prosecution of suspects engaged in these activities:
A. The U.S. Forest Service agrees:
1. To reimburse the Cooperator for expenditures associated with the detection of
locations and activities related to illegal production and trafficking of controlled
substances, including;
Page 2 of 5 (Rev. 12-13)
U�S USDA,Forest Service OMB 0
FS-1501500-8ASA
a. Ground reconnaissance to identify and inventory locations and activities
associated with producing or trafficking controlled substances.
b. Aerial reconnaissance to identify and inventory locations and activities associated
with producing or trafficking controlled substances.
2. .To reimburse the Cooperator for certain expenses resulting from investigative
activities associated with investigating cases involving the illegal production or
trafficking of controlled substances on or affecting the administration of National
Forest system lands, including:
a. Surveillance operations to identify persons illegally producing or trafficking
controlled substances.
b. Apprehension of persons suspected of producing or trafficking controlled
substances.
c. Collection of evidence to support prosecution of persons suspected of illegally
producing or trafficking controlled substances.
d. Prosecution of persons suspected of producing or trafficking controlled
substances.
3. To reimburse the Cooperator for expenses resulting from the removal of cannabis
plants from National Forest System lands. When circumstances indicate that
removal of the cannabis plants is required before an investigation to determine the
person(s) responsible can be completed, eradication operations must be approved by
the U.S. Forest Service prior to taking place.
Note: the Cooperator retains the authority to eradicate cannabis plants from National
Forest System lands without reimbursement from the U.S. Forest Service at its
discretion.
4. To reimburse the Cooperator for the costs of purchasing supplies and equipment used
exclusively for activities described in items A.1, A.2 and A.3 of this Plan. Purchases
must be agreed to and approved by the U.S. Forest Service.
Purchases may not exceed 10% of the total allocation without prior approval by the
U.S. Forest Service Designated Representative.
B. The Cooperator agrees:
1. Within its capability, to perform the following activities on National Forest System
lands:
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FS-1501500-SA8A
a. Detect and inventory locations associated with illegal production or trafficking of
controlled substances and notify the U.S. Forest Service of such locations as soon
as possible.
b. Investigations to determine the person(s) responsible for manufacturing or
trafficking controlled substances.
c. Upon request and prior approval of the U.S. Forest Service, remove cannabis
plants from National Forest System lands.
2. To furnish all activity reports, crime reports, investigation reports, and other reports
or records, resulting from activities identified in Section 11, A of this Operating and
Financial Plan to the affected Forests for review and forwarding to the Regional
Office for processing.
C. The U.S. Forest Service and the Cooperator mutually agree to the following:
1. The following rate schedule will apply to all expenditures that may be reimbursed to
the Cooperoatro under this agreement;
Salary (base) $114.98 per hour
Salary (overtime) $65.216 per hour
Per diem costs Actual documented costs not to exceed the Federal Per Diem Rates
(www.gsa.gov)
Travel (mileage and fares) $0.575 per mile
Helicopter flight time=Actual documented costs
Supplies or equipment=Actual documented costs
MME plus lodging=Actual documented costs
Standby=Actual documented costs
Vehicle Idle=Actual documented costs
Deputy Sheriff I Regular hourly rate and overtime rate =Actual documented costs
Deputy Sheriff 11 Regular hourly rate and overtime rate=Actual documented costs
Sergeant Regular hourly rate and overtime rate=Actual documented costs
Reserve Deputy Sheriff Regular hourly rate and overtime rate =Actual documented
costs
Travel (mileage and fares) =Actual documented costs
Helicopter flight time=Actual documented costs
Supplies or equipment= Actual documented costs
2. The total expenditures of the Cooperator that may be reimbursed may not exceed $18,000
The total expenditures for item AA may not exceed...... 10% of the total allocation.
III. BILLING FREQUENCY:
See Cooperative Law Enforcement Agreement Provisions II-H and III-B for additional
information.
Page 4 of 5 (Rev. 12-13)
IJ�S USDA,Forest Set-vice
OMB
S51 00 8,A
A. The Cooperator will furnish either monthly, quarterly, or annually itemized statements of
expenses to the U.S. Forest Service for expenditures that may be reimbursed as identified
in items II
A.1, A.2, A.3, and A.4 of this Plan. A Law Enforcement Billing Summary must be
completed and submitted to the contacts for each billing statement.
B. Submit original invoice(s) for Send a copy to:
Payment to:
USDA, Forest Service Couper Fouch, Special Agent
Albuquerque Service Center U.S. Forest Service - LEI
Payments - Grants &Agreements 1600 Tollhouse Rd.
101 B Sun Avenue NE Clovis, CA 93611
Albuquerque,NM 87109 Telephone: 559-862-7498
FAX: (877) 687-4894
Email: sm.fs.asc ga(2cusda.grov Email: cooper.fouch e,usda.gov
C. Final billing for reimbursement in this Operating Plan must be received by the U.S.
Forest Service before December 31 st.
D. Any remaining funding in this 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 de-obligated at the request of the U.S. Forest Service. See
Cooperative Law Enforcement Agreement Provision IV-C.
E. Any remaining funding in this 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-C.
IV. CLOSE OUT:
Final billing for reimbursement of this five-year Cooperative Law Enforcement Agreement must be
received by the U.S. Forest Service no later than 120 days from the agreement expiration date
April 30, 2027.
Page 5 of 5 (Rev. 12-13)
FOR ACCOUNTING USE ONLY:
USDA Forest Service— Huntington Lake Patrol $26,000
Fund:0001
Subclass:10000
ORG:31113228
Account:4975
USDA Sierra National Forest$18,000
Fund:0001
Subclass:10000
ORG:31116393
Account:4975