21-LE-11031200-041 1500-19 MOD 001 WITH MCAO.PDF

Maricopa County — Formal (2022-03-23)

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USDA Forest Service
OMB 0596-0217
FS-1500-19
11. SIGNATURES
AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF
THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED
GRANT/AGREEMENT.
11.A. MARICOPA COUNTY SHERIFF'S OFFICE
SIGNATURE
11.B. DATE
SIGNED
11.C. U.S. FOREST SERVICE SIGNATURE
11.D. DATE
SIGNED
(Signature of Signatory Official)
(Signature of Signatory Official)
11.E. NAME (type or print): PAUL PENZONE
11.F. NAME (type or print): NEIL BOSWORTH
11.G. TITLE (type or print): Sheriff
11.H. TITLE (type or print): Forest Supervisor
MODIFICATION OF GRANT OR AGREEMENT
PAGE
OF PAGES
1
1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER:
21-LE-11031200-041
2. RECIPIENT/COOPERATOR GRANT or
AGREEMENT NUMBER, IF ANY:
3. MODIFICATION NUMBER:
001
4. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING
GRANT/AGREEMENT (unit name, street, city, state, and zip + 4):
Southwestern Region OGA
333 Broadway Blvd SE, Albuquerque NM 87102
5. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING
PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4):
Tonto National Forest
2324 East McDowell Road, Phoenix AZ 85006
6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip +
4, county):
Maricopa County Sheriff's Office
7307 N Bush Highway, Mesa AZ 85205
7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS
payment use only):
8. PURPOSE OF MODIFICATION
CHECK ALL
THAT APPLY:
This modification is issued pursuant to the modification provision in the grant/agreement
referenced in item no. 1, above.
CHANGE IN PERFORMANCE PERIOD: January 1, 2022 through December 31, 2025
CHANGE IN FUNDING: Forest Service to add funding in the amount of $100,400.00 in accordance with Exhibit A
ADMINISTRATIVE CHANGES: Change US Forest Service Program Manager from Bray Addison to
Thomas Hughes thomas.hughes@usda.gov 602-225-5241
OTHER (Specify type of modification):
Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full
force and effect.
9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed):
This modification addresses new guidance in accordance with recommendation number 6 and number 7 of the Office of Inspector
General Audit Report Number 08601-0002-41, titled Forest Service’s Firefighting Cost-Share Agreements with Non-Federal Entities.
10. ATTACHED DOCUMENTATION (Check all that apply):
Revised Scope of Work
Revised Financial Plan
Other: EXHIBIT A – COOPERATIVE LAW ENFORCEMENT OPERATING PLAN & FINANCIAL PLAN
APPROVED AS TO FORM
This ____day of ___________, 2022
By: ___________________________
Deputy Maricopa County Attorney
SIGN
SIGN

USDA Forest Service
OMB 0596-0217
FS-1500-19
11. SIGNATURES (continued)
AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF
THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED
GRANT/AGREEMENT.
11.I. MARICOPA COUNTY BOARD OF SUPERVISORS
SIGNATURE
11.J. DATE
SIGNED
11.K. U.S. FOREST SERVICE SIGNATURE
12.L. DATE
SIGNED
(Signature of Signatory Official)
(Signature of Signatory Official)
11.M. NAME (type or print):BILL GATES
11.N. NAME (type or print): JAMES ALFORD
11.O. TITLE (type or print): Chairman
11.P. TITLE (type or print): Special Agent in Charge,
Southwestern Region
11.Q. ADDRESS:
11.R. ADDRESS:
11.S. MARICOPA COUNTY BOARD OF SUPERVISORS
SIGNATURE
11.T. DATE
SIGNED
11.U.
SIGNATURE
11.V. DATE
SIGNED
(Signature of Signatory Official)
(Signature of Signatory Official)
11.W. NAME (type or print): JUANITA GARZA
11.X. NAME (type or print):
11.Y. TITLE (type or print): Clerk
11.Z. TITLE (type or print):
11.AA. ADDRESS:
11.BB. ADDRESS:
12. G&A REVIEW
12.A. The authority and format of this modification have been reviewed and approved for signature by:
______________________________________
LISA STREET
U.S. Forest Service Grants & Agreements Specialist
12.B. DATE
SIGNED
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 30 minutes 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.
SIGN
SIGN
SIGN

USDA, Forest Service
OMB 0596-0217
FS-1500-8A
Page 1 of 8
(Rev. 12-13)
FS Agreement No.
21-LE-11031200-041
Cooperator Agreement No.
EXHIBIT A
COOPERATIVE LAW ENFORCEMENT OPERATING PLAN & FINANCIAL PLAN
Between
MARICOPA COUNTY
And the
USDA, FOREST SERVICE
TONTO NATIONAL FOREST
OPERATING AND FINANCIAL PLAN
This Financial and Operating Plan (Operating Plan), is hereby made and entered into by and
between Maricopa County, 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 #21-LE-11031200-041 executed on
April 5, 2021. This Operating Plan is made and agreed to as of the last date signed below and is
for the estimated period beginning January 1, 2022 and ending December 31, 2025.
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
Name: Capt. David Lee
Maricopa County Sheriff’s Office
Lake Patrol Division
Address: 7307 N. Bush Highway
City, State, Zip: Mesa, AZ 85205
Telephone: 602-876-1636
FAX: 480-981-7908
Email: d_lee@mcso.maricopa.gov
Name: Cindy Kenney, Grant Administrator
Maricopa County Sheriff’s Office
Address: 550 W. Jackson Street, 4th Floor
City, State, Zip: Phoenix, AZ 85003
Telephone: 602-876-3266
FAX: 602-876-0072
Email: c_kenney@mcso.maricopa.gov

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 2 of 8 (Rev. 12-13)

Principal U.S. Forest Service Contacts:

B. Reimbursement for all types of enforcement activities shall be at the following rates
unless specifically stated otherwise:

Mileage: $0.575/mile patrolled

Per diem rate is $151/day ($96 lodging, $55 for meals)

Wages at the prevailing rate of $37.20-$72.98/hour plus fringe benefits @ 72.68% for the
individual officers
*The Cooperator shall submit a current fleet/mileage rate and salary rate table to
accompany the Operating Plan; and any changes to fleet/mileage or salary rate(s)
shall require a written notice to the U.S. Forest Service within 30 days of official
change in rate(s).

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, Roma Ranch area and First Water may require
periodic response. Emphasis will be given to Fridays, Saturdays, Sundays and
U.S. Forest Service Program Manager
Contact
U.S. Forest Service Administrative
Contact
Name: Thomas Hughes, Patrol Captain
Address: 2324 E. McDowell Road
City, State, Zip: Phoenix, AZ 85006
Telephone: 602-225-5241
FAX: 602-225-5286
Email: Thomas.hughes@usda.gov
Name: Rocco Minetti
Address: 2324 E. McDowell Road
City, State, Zip: Phoenix, AZ 85006
Telephone: 602-225-5297
FAX: 602-225-5286
Email: rocco.minetti@usda.gov

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 3 of 8 (Rev. 12-13)

Mondays although some mid-week patrols may be necessary. Patrol schedules
and intensity of coverage will be dependent on the judgment of the Cooperator.
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 Horseshoe 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.

Sheriffs 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
(ACilS)/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.

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 4 of 8 (Rev. 12-13)

Total reimbursement for this category shall not exceed the amount of: $75,900.

III. TRAINING:
See Cooperative Law Enforcement Agreement Provision IV-K for additional information.

Total reimbursement for this category shall not exceed the amount of total obligation (if
applicable): $0

IV. EQUIPMENT:
See Cooperative Law Enforcement Agreement Provisions IV-K, IV-L, and IV-M for additional
information.

The Cooperator is authorized to lease miscellaneous equipment and purchase 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 total obligation (if
applicable): $24,500

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 Error! Reference source not found. 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
Agent in Charge or their designated representative. Reimbursement shall be made
at the rates specified in Section I-B. Deputies assigned to the incident will
coordinate all of their activities with the designated officer in charge of the
incident.

2. Fire Emergency: During emergency fire suppression situations and upon request
by the Forest Service pursuant to an incident resource order, the Cooperator agrees
to provide special services beyond those provided under Section II-A, within the
Cooperator’s resource capabilities, for the enforcement of State and local laws
related to the protection of persons and their property. The Cooperator will be
compensated at the rate specified in Section I-B; the Forest Service will specify

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 5 of 8 (Rev. 12-13)

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.

When requested by the U.S. Forest Service, initial response to wildfires by the
Cooperator will not be reimbursed for the first 24 hours of support. If during
the first 24 hours of wildfire support, the Incident Commander and/or Patrol
Captain requests continued support past the initial 24 hours, then a resource
order will be requested and all time, including the initial response time, will
be reimbursed. This 24 hour initial support time does not include travel time
to and from the wildfire incident.

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 U.S. 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 U.S. Forest Service are not reimbursable.

Upon request and concurrence by and between both Parties:

The Sheriff’s Department shall:

a. Provide the U.S. 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 vehicle(s), in numbers requested by the U.S.
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 and supervision 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 U.S. Forest Service for fire severity
or fire suppression situation patrols and law enforcement.

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 6 of 8 (Rev. 12-13)

c. Furnish itemized statement of expenditure to the U.S. Forest Service for the fire
severity or fire suppression situation services requested by the U.S. Forest Service
to the address below:

Thomas Hughes, Patrol Captain
Central Arizona Zone, LE&I
2324 East McDowell Road
Phoenix, AZ 85006

The Patrol Captain will review and approve the invoice and forward the invoice
and supporting 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 U.S. Forest Service P-code
and Override)
- Cooperative Law Enforcement Agreement Number
- Dates of the Incident covered by the billing
- 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 U.S. Forest Service shall:

a. Relay requests to the Sheriff’s Department to provide fully equipped Sheriff’s
Deputies, including vehicles, through the U.S. Forest Service Dispatch or
Expanded Dispatch Office to the County Dispatch Office, including specific
information on number 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
U.S. Forest Service to support each request. The Resource Order number will be
provided to the Sheriff’s Office by the U.S. Forest Service 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.

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 7 of 8 (Rev. 12-13)

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, of the
current Operating Plan.

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. Billing frequency is as follows: QUARTERLY – Final Bill shall be submitted within 30
days of the close of the calendar year.

B. The following is a breakdown of the total estimated costs associated with this Operating
Plan.

Category
Estimated Costs
Not to Exceed by %
Patrol Activities
$75,900
0
Training
Equipment
$24,500
Special Enforcement Situations
Total
$100,400

C. 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-D.

USDA, Forest Service
OMB 0596-0217
FS-1500-8A

Page 8 of 8 (Rev. 12-13)

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.

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.