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HomeMy WebLinkAboutAgreement A-18-316 with USDA Modification No 3.pdfUSDA. Forest Service OMO 0596-0217 FS-1 500-111\ FS Agreement No. 17-LE• I l 051360-024 --------Coop c rat or Agreement No. MOD 03 -------- EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERA TING PLAN & FINANCIAL PLAN Between The FRESNO COUNTY SHERIFF'S DEPARTMENT And the USDA, FOREST SERVICE SIERRA NATIONAL FOREST 2018 ANNUAL OPERA TING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between the Fresno County Sheriff's Department, hereinafter referred to as "Cooperator," and the USDA, Forest Service, Sierra National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of Cooperative Law Enforcement Agreement #17-LE-11051360-024 executed on April 19, 2017. This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning October 1, 2017 and ending September 30, 2018. Previous Year Carry-over; 00.00 Current 2018 Year Obligation: $26,000.00 FY2018 Total Annual Operating Plan: $26,000.00 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 Louis Hernandez, Lieutenant P.O. Box 1788 5717 E. Shields Ave. Fresno, CA 92717 Fresno, CA 93727 Telephone: 559-600-8800 Telephone; 559-600-8039 Email: Lou is. Hernandez@Fresnosheriff.org Page I of 7 (Rev. 12-13) Agreement No. 18-316 USDA, For�-st Service Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S. Forest Service Administrative Contact Contact Cody Wheeler, Patrol Captain Rita Wears, Patrol Commander 1600 Tollhouse Rd. 444 East Bonita Ave. Clovis, CA 93611 San Dimas, CA 91 773 ·Telephone: 559-297-0706 ext. 4986 Telephone: 909-929-7064 ·FAX: 559-294-4802 FAX: 909-592-1404 Email: ccwheeler(a}fs.fed.us Email: rwears(a}f s.fed.us OMB0596-0:!17 FS· 1500-8,\ B.Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated oth erwise: Wages at the prevailing rate of $106.46/hour plus fringe benefits for the individual officer. Residential rental at Huntington Lake for the period of June 15, 2018 through September 30, 2018 at the rate of $50.00 per month. 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. 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. Page 2 of7 (Rev. 12-13) USDA. fore�, Service 0MB 0S96-G217 FS.IS00-8A 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, 201 8 through August 9, 2018. 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 cop ies 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 LEI MARS data entry. Any funding not used under section III TRAINING and Section IV EQUIPMENT will be allocated to Patrol activities under Section II. PATROL ACTIVITIES and will not exceed a combined total of $26,000.00. III.TRAINING: See Cooperative Law Enforcement Agreement Provision IV-Kfor addiJional information. 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: 10% of the total agreement. IV.EQUIPMENT: See Cooperative Law Enforcement Agr eement Provisions IV-K. IV-l. and IV-Mfor additional information. The Forest Service shall provide ( 1) hand held radio to operate on Forest Service Fr equencies and (I) mobile car radio to operate on Forest Service Frequencies. The Forest Service agrees to: Provide the Cooperator with housing at the Minarets Work Center for the period identified in section ll, 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. Page 3 of7 (Rev. 12-13) Ill USDA. forest Service 0MB 0596-01171 FS-1500-SA 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: I 0% 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 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-8. 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 1-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 J-A for requested services of this nature, reimbursement shall be made at the rates Page 4 of7 (Rev. 12-13) IE USDA. ForL-st Service 0MB 0596.02171 FS-1500-SA specified in Section 1-8. 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 /1-H and /11-Bfor additional information. The Cooperator will furnish the Forest Service with itemized monthly statements for expenditures. The statement shall be in sufficient detail to allow the Forest Service to tie these expenditures back to reimbursable expenses and the rate schedule and shall be certified by the County of Fresno as being current and proper. These statements must be accompanied by a Law Enforcement Activity Report, form FS-5300-5, filled out as required by Provision 11-G of the Cooperative Law Enforcement Agreement 17-LE- 11051360-024. A.Mail copies of itemized billing statements to: Cody Wheeler, Patrol Captain USFS Law Enforcement 1600 Tollhouse Rd. Clovis, CA 93611 Send hard copy invoices to: US Forest Service Albuquerque Service Center Payments -Grants & Agreements 101 B Sun Ave NE Albuquerque, NM 87109 Or fax to: 877-687-4984 Or e-mail scanned invoice to: ASC GA@fs.fed.us Final billings for reimbursement must be received by the Forest Service before Octob er 30, 2018 in order to receive payment. Please see agreement provision IV­ Y regarding use of funding in succeeding years. Page 5 of7 (Rev. 12-13) USDA. Fon:st Service OMO 0596-0217 fS-1 S00-8,\ Annually update the registration of the County SheriWs DUNS# on the System for Award Management (SAM) website at www.sam.gov for the verification of the EFT (Electronic Funds Transfer) banking information. B.The following is a breakdown of the total estimated costs associated with this Annual Operating Plan. Cate2ory Estimated Costs Notto Exceed by% Patrol Activities 26,000.00 Training 10 Equipment IO Special Enforcement Situations Total $26,000.00 ' C.Any remaining funding in this Annual Operating Plan may be carried forward to the next FY2019 fiscal year and will be available to spend through the tenn 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. D.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. Page 6 of7 (Rev. 12-13) ' ·' -· --·-·--------------- USDA. Forest Service OMB05%-0217 I FS-1500-RA 1 rm ------·---·~-----~-· In witness whereof, the parties hereto have executed this Annual Operating Plan as o f th e last date written below. s/2 ,/2018 Date DEAN GOULD, Forest Superviso~ Date U.S. Forest Service, Sierra National Forest Date ~---____ b J 1.:1 / . ._,"'l...__ Da te Special Agent in Charge, Pacific Southwest Region The authority and format of this agreement have been revi e w ed and a pp ro ved fo r si&>nature . ~ ~-· ----···--KAREN MCWILLIAMS s-L/2-::.!K Dat e U.S. Forest Service Grants Management Specialist Burden Statement Acconling to the Paperwork RtJijuction Act of 1995. an agency may not conduct or sponsor. and a person is not reQuirtJij to respond lo a collection of inlocmation unless it displays a varid 0MB control number. The valid 0MB control number for this in!omiation collection is 0596-0217 . The time required to complete lhis infoonation collection is estimated to average 3 hours per response . including the time for reviewing instructions. searching existing data sources, gathering and maintaining the data needtJij , and c:omplebng and reviewing the collection of information . The U.S. Depar1ment of Agriculture (USDA) prohibits discrimination in all ils programs and activities on the basis of race . color, national origin , age, disability , and where applicable, sex, marital status. familia l status. parental status. religion, sexual orientation, genetic information. pol itical beliefs , reprisa l. or because all or part ol an inaividual's income is derivtJij from any public i!SSistance . (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 Cenler at 202 -720-2600 (voice andIDD). To file a complaint of discrimination , write USDA. Director. Offite of Civil Rights. 1400 Independence Avenue . SW. Wash ington. DC 20250-9410 or cal loll free (866) 632-9992 (voice). TDD users can contact USDA through locat relay or the Federal relay at (800) 877-8339 (TOD) or (866) 377-8642 (relay voice). USDA is an equal oppoJtunily provider and employer. ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno, State of California By ~,,\~ btshOO Deputy 0 Page 7 of7 (Rev. l 2-l3)