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USDA, Forest Service OMB 0596-0217 FS-1500-8A FS Agreement No. 16-LE-11031200-005 Cooperator Agreement No. EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between The Maricopa County And the USDA, FOREST SERVICE Tonto National Forest 2016 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between the Maricopa County on behalf of Maricopa County Sheriff's 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 Cooperative Law Enforcement Agreement #16-LE-11031200-005 executed on ________________. 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, 2016 and ending December 31, 2016. Previous Year Carry-over: $0.00 Current Fiscal Year Obligation: $100,400.00 FY2016 Total Annual Operating Plan: $100,400.00 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. Principle Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Captain Russ Skinner #898 Capri Jungles Maricopa County Sheriff's Office Grant Administrator, Maricopa County Lake Patrol Division Sheriff’s Office 7307 N. Bush Highway 550 W. Jackson Street, 4th Floor Mesa, AZ 85215 Phoenix, AZ 85003 602-876-1636 - office Telephone: (602) 876-1012 480-981-7908 - Fax FAX: (602) 876-0072 r_skinner@mcso.maricopa.gov Email: c_jungels@mcso.maricopa.gov Page 1 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A Principle 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 J. Smith, Grants Central Arizona Zone, LE&I Management Specialist Address: 2324 East McDowell Road Address: 2324 East McDowell Road City, State, Zip: Phoenix, AZ 85006 City, State, Zip: Phoenix, AZ 85006 Telephone: (602) 225-5241 Telephone: (602) 225-5383 FAX: (602) 225-5286 FAX: (602) 225-5361 Email: brayaddison@fs.fed.us Email: sherrysmith@fs.fed.us B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: $0.55/mile patrolled Per diem rate is $116.00/day ($70 for lodging and $46 meal) Wages for the individual officers at the prevailing rate of ($31.65 - $56.76) per hour plus fringe. 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: National Forest System Roads 19, 24, 24B, 78, 20, 80, 143, 166, 183, 201, 204, 204A, 205, 206, 207, 250, 256, 401, 402, 403, 459, 459B, 468, 472, 562, 626, and 627. 2. Patrol in the following campgrounds, developed sites, or dispersed areas: Mesa Ranger District: Lower Salt River and the Chain of Lakes (Saguaro and Canyon Lakes) including dispersed, unimproved and improved or Fee Site areas lying within Maricopa County. Other heavily used recreation areas in Maricopa County such as Sunflower, Sugarloaf, Romo Ranch area and First Water may require periodic response. Emphasis will be given to Fridays, Saturdays, Sundays and Mondays although some mid-week patrols may be necessary. Patrol schedules and intensity of coverage will be dependent on the judgment of the Cooperator. Page 2 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A The Cooperator will dispatch additional deputies within personnel capabilities for unforeseen or emergency situations upon request of the Forest Service. Cave Creek Ranger District: Bartlett and Horse Shoe Lakes, Needle Rock and 7-Springs campground areas, including dispersed, unimproved and improved or Fee-Site areas lying within Maricopa County. Tonto Basin Ranger District: Apache Lake area and campgrounds. Sheriff’s Aid Stations: Provide officers for a more timely response to the needs of the recreating public during weekends and holidays 3. The Cooperator further agrees: To assist Forest Service Officers in the enforcement of natural resource conservation laws, rules, and regulations whenever possible. Dispatch additional deputies within manpower constraints for unforeseen or emergency situations upon request of the Forest Service. Provide radio communications for Forest Service law enforcement personnel as needed. When advised that a Forest Service Law Enforcement Officer is "in service" on the Cooperator's frequency, the Cooperator dispatcher will provide basic officer safety welfare monitoring, welfare checks during vehicle stops and violator contacts, provide Arizona Criminal Justice information System (ACJIS)/National crime Information Center (NCIC) and Motor Vehicle Division (MVD) queries on request, and otherwise provide routine police dispatch services consistent with the Cooperator's own internal policies. Maintain interagency communication by means of informal meetings between the Forest Officers, Law Enforcement Officers for the purpose of exchanging mutually benefiting information. Upon request of the Forest Service, the Cooperator shall provide copies of arrest reports, investigative reports, criminal complaints, citations, and other department records relating to crimes, offenses, disturbances, complaints and public safety responses handled by the Cooperator within the National Forest System. Also upon request from the Forest Service, the Cooperator will provide statistical summaries of all incidents occurring within the National Forest System, subject to the capabilities of its automated data collection/retrieval systems. Page 3 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A Total reimbursement for this category shall not exceed the amount of: $49,831.00 III. TRAINING: See Cooperative Law Enforcement Agreement Provision IV-K for additional information. Total reimbursement for this category shall not exceed the amount of: $0.00. IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV-K, IV-L, and IV-M for additional information. The Cooperator is authorized to purchase miscellaneous equipment and supplies necessary for its employees to adequately and safely perform their job under this agreement. Total reimbursement for this category shall not exceed the amount of: $50,569.00 V. SPECIAL ENFORCEMENT SITUATIONS: A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement, and certain Group Gatherings. B. Funds available for special enforcement situations vary greatly from year to year and must be specifically requested and approved prior to any reimbursement being authorized. Requests for funds should be made to the U.S. Forest Service designated representative listed in Item I-A of this Annual Operating Plan. The designated representative will then notify the Cooperator whether funds will be authorized for reimbursement. If funds are authorized, the parties will then jointly prepare a revised Annual 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 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 and fire severity 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 Page 4 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A 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. All requests to provide additional law enforcement support on National Forest System lands during extreme fire conditions will become effective and reimbursable only when the Forest Service specifically requests assistance through the Forest Dispatch or Expanded Dispatch Office, a Resource Order Number is provided, and the County Dispatch Office is notified of the request. Initial attack responses without a Resource Order by the Forest Service are not reimbursable. Upon request and concurrence by the Sheriff’s Department, The Sheriff’s Department shall: a. Provide to the Forest Service, fully equipped Sheriff’s Deputies who meet the standards of training as listed in the Cooperative Law Enforcement Agreement, Provisions II-B, including appropriate vehicles(s), in numbers requested by the Forest Service to provide law enforcement for fire severity or fire suppression situations. These duties are above and beyond the customary duties that are routinely provided by the Sheriff’s Office and will be covered under Special Enforcement Situations. The Sheriff’s Deputies will continue to work under the direction of the Sheriff’s Department. The Sheriff’s Deputies will coordinate their patrol activities with the U.S. Forest Service Patrol Captain, or their designee, while assigned to each specific fire severity or fire suppression patrol area, and coordinate their activities with the Incident Commander while assigned to each specific wildland fire severity or fire suppression situation. All Deputies assigned to a wildland fire severity or fire suppression situation are required to follow Check-in and Demobilization procedures. b. Assign Sheriff’s Deputies requested by the Forest Service for fire severity or fire suppression situation patrols and law enforcement. c. Furnish itemized statements of expenditures to the Forest Service for the fire severity or fire suppression situation services requested by the Forest Service, at the address below: Bray Addison, Patrol Captain Central Arizona Zone, LE&I 2324 East McDowell Road Phoenix, AZ 85006 Page 5 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A The Patrol Captain will review and approve the invoice, and forward the invoice and support documentation to Incident Finance for payment. Billing requests will include the following information: Cooperator Name, address, phone number and agency financial contact Invoice or Bill number.; Resource Order number(s); Appropriate incident number (State code or Forest Service P-code and override); Cooperative Law Enforcement Agreement number; Dates of the incident covered by the billing; and Location and jurisdictional unit of the incident. Summary cost data for the amount being billed: Use incident-generated cost reports generated by the Agency to support the billing whenever possible. Summary cost data may include, but not limited to, a list of personnel expenses including base, overtime and travel and a listing by vendor name and amount spent for supplies and services procured. The Forest Service shall: a. Relay requests to the Sheriff’s Department to provide fully equipped Sheriff’s Deputies, including vehicles, through Forest Service Dispatch or Expanded Dispatch Office to the County Dispatch Office, including specific information on numbers of Deputies needed, tour, location, expected length of duty, authorization for overtime expenditures, and fire severity (S-code) or fire suppression (P-code) for billing. A resource order number must be issued by the Forest Service to support each request. The resource order number will be provided to the Sheriff’s Office by the Forest Dispatcher. b. Post each Deputy’s time and vehicle mileage to a Fire Time Report (Optional Form 288) to provide documentation to support payment of each itemized statement of expenditures provided by the Sheriff’s Department. c. Reimburse the Sheriff’s Department for requested fire severity or fire suppression special enforcement situation services that are provided and covered under this Section, at the prevailing rates as per Section I, Paragraph B above. Page 6 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A 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. Quarterly Billing for reimbursement to the Sheriff’s Office for items listed under Sections II, III and IV shall not exceed $100,400.00. 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 $49,831.00 N/A Training 0.00 N/A Equipment and Supplies $50,569.00 N/A Special Enforcement Situations 0.00 N/A Total $100,400.00 N/A C. Any remaining funding in this Annual Operating Plan may be carried forward to the next fiscal year and will be available to spend through the term of the Cooperative Law Enforcement Agreement, or de-obligated 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. JOSEPH M. ARPAIO, Sheriff Date Maricopa County Sheriff’s Office NEIL J. BOSWORTH, Forest Supervisor Date Page 7 of 9 USDA, Forest Service OMB 0596-0217 FS-1500-8A U.S. Forest Service, Tonto National Forest Date Chairman Board of Supervisors ROBIN L. POAGUE Date Special Agent in Charge, Southwestern Region The authority and format of this agreement have been reviewed and approved for signature. SHERRY J. SMITH Date U.S. Forest Service Grants Manager APPROVED AS TO FORM THIS ________DAY OF _____________, 201 BY: ______________________________ DEPUTY MARICOPA COUNTY ATTORNEY Burden Statement Page 8 of 9 OMB 0596-0217 USDA, Forest Service FS-1500-8A 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. 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 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 (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 9 of 9