COOPERATIVE AGREEMENT.PDF

FS Agreement No. 16-LE-11031200-005
Cooperator Agreement No.
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between The
MARICOPA COUNTY
And The
USDA, FOREST SERVICE
TONTO NATIONAL FOREST
C - S0- 1U -USS - -
This COOPERATIVE LAW ENFORCEMENT AGREEMENT ('Agreement') is entered into by
and between the Maricopa County on behalf of Maricopa County Sheriffs Office, hereinafter
referred to as "Cooperator," and the USDA, Forest Service, Tonto 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 Cooperator has/have a limited amount of financing to meet their
responsibility of enforcing these laws.
Title: Maricopa County 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 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 Annual Financial and
Operating Plan (Annual Operating Plan) attached as Exhibit A. See related Provision IV-
E.
B. Ensure that the officers/agents of 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 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 NTS lands.
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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 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 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 Annual Operating Plan. Billing frequency will be as specified in the
Annual Operating Plan. See related Provisions III-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 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): For any
emergency or assistance required between the dates of last signature and December 31,
2020. Address any concerns or notify/ request assistance from the U.S. Forest Service as
required in the judgment of Cooperator.
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III. THE U.S. FOREST SERVICE SHALL:
A. Perform in accordance with the Annual Operating Plan attached as Exhibit A.
B. 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. See related Provisions 17-H and IV-I. The invoice should be forwarded as
follows:
Submit original invoice(s) for Send copy to:
payment to:
USDA, Forest Service Bray Addison, Patrol Captain
Albuquerque Service Center U.S. Forest Service
Payments — Grants & Agreements Tonto National Forest
101B Sun Avenue NE 2324 East McDowell Rd.
Albuquerque, NM 87109 Phoenix, AZ 85006
FAX: (877) 687-4894 Phone: 602-225-5241
E-Mail: asc_ga@fs.fed.us E-Mail: brayaddison@fs.fed.us
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:
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$ USDA, Forest Service OMB FS-1500-8 0596-0217
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Captain Russ Skinner #898 Capri Jungles
Maricopa County Sheriffs Office Grant Administrator, Maricopa County
Lake Patrol Division 550 W. Jackson Street, 4th Floor
7307 N. Bush Highway Phoenix, AZ 85003
Mesa, AZ 85215 Telephone: (602)876-1012
602-876-1636 - office FAX: (602) 876-0072
480-981-7908 - Fax Email: c jungelsAmcso.maricopa.gov
r skinner!,mcso.maricopa.gov
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Contact Contact
Name: Bray Addison, Patrol Captain Name: Sherry Smith
Address: Central Arizona Zone, LEI Address: USDA Forest Service, Tonto NF
2324 East McDowell Road City, State, Zip: Phoenix, AZ 85006
City, State, Zip: Phoenix, AZ 85006 Telephone: (602)225-5383
Telephone: (602) 225-5241 FAX: (602)225-5361
FAX: (602) 225-5286 Email: sherrysmith@fs.fed.us
Email: brayaddison@fs.fed.us
C. An Annual Operating Plan 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.
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 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.
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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 11-H and HI-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 Cooperator performing law enforcement activities under this
agreement are, and shall remain, under the supervision, authority, and responsibility of
Cooperator. Law enforcement provided by Cooperator 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. Cooperator'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 Cooperator for only the additional activities requested and not for activities
that are regularly performed by Cooperator.
K. Reimbursement may include the costs incurred by Cooperator 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.
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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 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
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; Cooperator shall ensure adequate safeguards and controls exist
to protect loss or theft. Cooperator shall be financially responsible for any loss at original
acquisition cost less depreciation at the termination of the agreement. Cooperator is/are
responsible for all operating and maintenance costs for equipment that the U.S. Forest
Service has reimbursed Cooperator for and/or transferred to Cooperator 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 Cooperator using any Federal funding. Upon
expiration of this agreement 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.
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 Cooperator'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.
0. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to Cooperator
in excess of the amount to which Cooperator 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:
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1. Making an administrative offset against other requests for reimbursements.
2. Withholding advance payments otherwise due to 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.
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. This agreement in no way restricts the U.S. Forest Service or Cooperator from
participating in similar activities with other public or private agencies, organizations, and
individuals.
S. 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.
T. 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).
U. 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 December 31, 2020.
V. 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.
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USDA, Forest Service OMB FS-1500-8 0596-0217
/2 -/7-4"
Joseph M. Arpaio, Sheriff Date
Maricopa County Sheriff's
Office
NEIL J. BOS WORTH, Forest Supervisor Date
U.S. Forest Service, Tonto National Forest
N 0/2016
Chairman Board of Supervisors
ROBIN L. POAGUE
Special Agent in Charge, Re
The authority and format of this agreement have been reviewed and approved for
signature.
U.S. Forest Service Grants Management Specialist
Approved as to form:
U-4,,,k(
APPROVED AS TO FORM ichelle Wood
Deputy Cunty Attorney
THIS • DAY OF N.) 4 /-1 , 201 6
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USDA, Forest Service OMB 0596-0217
FS-1500-8
BY: ,),6-G6-
DEPUTY MARICOPA COUNTY ATTORNEY
Burden Statement
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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
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alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice
and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free
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is an equal opportunity provider and employer.
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