HomeMy WebLinkAboutIGA Amendment - Sheriff - USFSDeschutes County Board of Commissioner:-
1300
ommissioner1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 28, 2008
Please see directions for completing this document on the next page.
DATE: May 21, 2008
FROM: Sue Brewster DCSO Legal 385-1714
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Cooperative Agreement between Deschutes County Sheriffs
Office and US Department of Agriculture, Forest Service Deschutes National Forest, Modification # 4
FY 2007-08 Financial and Operating Plan.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Annual renewal of the Fiscal Year Operating Plan to provide law enforcement services on Forest
Service lands in Deschutes County.
FISCAL IMPLICATIONS:
USFS will reimburse the Deschutes County Sheriffs Office up to $ 76,500.00 (up $4500.00 from last
year's amount) for services, which include patrol on Forest Service roads and campgrounds within
Deschutes National Forest.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign the Cooperative Agreement.
ATTENDANCE: Sue Brewster — County Counsel
DISTRIBUTION OF DOCUMENTS:
Please send signed originals to Michelle Goodin at the DCSO for distribution to the USFS.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
May 21, 2008
Contact Person:
Sue Brewster
Contractor/Supplier/Consultant Name:
Service, Deschutes National Forest
Department:
DCSO Legal
Phone #:
385-1714
U.S. Department of Agriculture, Forest
Goods and/or Services: Annual Financial and Operating Plan for 2008. Provides law
enforcement services on National Forest lands within Deschutes County. This is a
renewal of last years contract. The amount of reimbursement will be $76,500.00, a $
4500.00 increase from last year's agreement. The language of the agreement remains
the same.
Background & History: Annual renewal of contract for National Forest law
enforcement.
Agreement Starting Date: October 1, 2007 Ending Date:
30, 2008
September
Annual Value or Total Payment: Total reimbursement from the Forest Service shall
not exceed $ 76,500.00
❑ Insurance Certificate Received check box)
Insurance Expiration Date: [
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ] No
Departmental Contact: Sue Brewster Phone #:
Title: County Counsel
Department Director Approval:
317-3118
S-20 t2
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
5120, 2008
County Signature Required (check one): X BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review rDate 2 OS/
Document Number
5/20/2003
Daniel C. Smith, Patrol Captain
USDA Forest Service
Law Enforcement and Investigations
Central Oregon Zone One
1001 SW Emkay Drive
Bend, OR 97702
Phone (541) 383-5798
r____REVikAVED
__
LEG•'.:::.UNSEL
Agreement No. 2004 -LE -11060120-008
COOPERATIVE AGREEMENT
between
DESCHUTES COUNTY SHERIFF'S OFFICE
and
U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE
DESCHUTES NATIONAL FOREST
MODIFICATION NO. 4
FY 2008 - FINANCIAL AND OPERATING PLAN
This Annual Financial and Operating Plan (Operating Plan) is hereby made and entered into by
and between the Deschutes County Sheriffs Office, hereinafter referred to as the DCSO (also
named as Cooperator in this document), and the United States Department of Agriculture,
Deschutes National Forest, hereinafter referred to as Forest Service, under the provisions of
Cooperative Agreement No. 2004 -LE -11060120-008. This Operating Plan is made and agreed tD
as of the last date signed below and is effective for the period beginning October 1, 2007 and
ending September 30, 2008.
See Page 7 for modification wording regarding extension of this agreement.
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:
Designated Representatives:
Sheriff Larry Blanton
Deschutes County
63333 West Highway 20
Bend, Oregon 97701
Phone (541) 383-4393
Admin Assistant: Trish Clark 388-
6655
Alternate Representatives:
Captain Marc Mills
Deschutes County
63333 West Highway 20
Bend, Oregon 97701
Phone (541) 388-6657
Document # 2008-276
Hadley Hawkins or Rico Burgess
Law Enforcement Officers
USDA Forest Service
Central Oregon Zone 1
Deschutes National Forest
1001 S.W. Emkay Drive
Bend, Oregon 97702
Phone (541) 383-5795
John Allen, Forest Supervisor
Deschutes National Forest
1001 S.W. Emkay Drive
Bend, Oregon 97702
(541) 383-5562
Page 1 of 7
Agreement No. 2004 -LE -11060120-008
B. Reimbursement for all types of enforcement activities shall be at the following rates, unless
specifically stated otherwise:
Hourly Rate: Regular Time = $43.98 per hour
This rate includes salary, employee benefits, and administrative costs
Mileage rate: $0.45 per mile includes vehicle, fuel, and maintenance.
Cell phone: $100.00 per month includes call time
Pager: $10.00 per month
II. PATROL ACTIVITIES:
Time schedules for patrols will be flexible to allow for emergencies, other priorities, and day-to-day
needs of both the DCSO and the Forest Service. Ample time will be spent in each area to make
residents and visitors aware that law enforcement officers are in the vicinity. Timely reports and/or
information relating to incidents or crimes that have occurred on National Forest System lands
should be provided to the Forest Service as soon as possible.
The designated representatives will establish a winter and summer schedule which will be
designed to maximize effectiveness of the patrols. The seasonal changes are a result of weather
conditions and visitor use. The assigned deputy shall establish patrol routes which ensure
thorough, overall coverage of National Forest lands within Deschutes County. This shall include
snowmobile patrols when weather/snow conditions dictate.
The DCSO representative will submit a schedule to the Forest Service which identifies specific shift
assignments for one-month duration. This schedule will be provided at least one week before the
beginning of that period. All overtime must be approved by Forest Service in advance.
The DCSO will provide one full-time deputy whose primary purpose is National Forest patrol. The
deputy will provide an average of 136.5 hours of patrol service per month, which includes hours
allocated to training and authorized leave. It is mutually understood that five (5) percent of the
assigned Deputy's time may be utilized by the Sheriff in duties not related to this agreement,
including search and rescue, without necessitating the need for an adjustment in reimbursement
agreed upon.
• Patrol on the following Forest Service roads:
All roads on the Deschutes National Forest that are located within the boundaries of
Deschutes County, Oregon.
• Patrol in the following campgrounds, developed sites and dispersed areas:
All campgrounds, developed sites, and dispersed sites on the Deschutes National Forest
that are located within the boundaries of Deschutes County, Oregon.
Total reimbursement for this category shall not exceed the amount of: $76,500.00
Page 2 of 7
Agreement No. 2004 -LE -11060120-008
III. TRAINING:
DCSO personnel assigned to duties outlined in the context of this Agreement shall be Police
Officers accountable to the Deschutes County Sheriffs Office.
Those officers who have received specialized training such as "Basic Fire Cause Determination",
"Search and Rescue", and "Forest Protection Officer" will be the first priority to fill these services.
DCSO personnel assigned to the operation of snowmobiles or other specialized equipment under
this Agreement shall be trained and certified in the safe operation of such equipment prior to its use.
All specialized training related to the performance of their duties as Forest Patrol Deputies will be
billed at the normal hourly rate as if the work or training was performed as part of their regular
patrol duties.
Total reimbursement for this category will be paid out of the Patrol Activity funds in Section II.
IV. EQUIPMENT:
FOREST SERVICE SHALL:
1. Grant permission, subject to the limitations and regulations included herein, to the
Deschutes County Sheriffs Office for law enforcement purposes, for use of the following
Deschutes National Forest radio frequencies: 169.875 Rx, 170.475 Rx, 168.025 Rx,
171.2625 Tx, 171.475 Tx, and 169.600 Tx. Various channel guard tones are also authorized
for use as required.
2. Retain control of the use of these radio frequencies.
3. Not charge for the use of the radio frequencies.
4. On the Forest Service owned and maintained tower on Awbrey Butte, allow the DCSO to
install, utilize, and/or maintain as required, the following equipment: At the 200' level NW
leg an 800Mhz omni directional antenna for the trunking system receivers; at the 199' level
NW leg a receive antenna preamplifier box; at the 140' level NW leg an 800 Mhz omni
directional antenna for the trunking system transmitters; at the 90' level NW leg an 800 Mhz
omni directional antenna for the MDT system. The DCSO is allowed access to their
equipment at all times. This equipment is in addition to that listed in the 2004 Master
Agreement.
DCSO SHALL:
1. Restrict use of the radio frequency to official business, for portable and mobile radios only, in
DCSO vehicles on Forest Service patrols.
2. Not allow transmitters to modulate in excess of 5 UHZ.
3. Recognize that fire traffic has priority use of the frequency and that any transmissions during
the time of a fire shall be coordinated with the on -scene Incident Commander and/or Central
Oregon Interagency Dispatch Center.
4. Ensure any radio transmissions in the 162-174 VHF Band are operating in the narrowband
mode.
V. MUTUAL ASSISTANCE
When requested by the Forest Service, the DCSO agrees to dispatch additional available deputies
within the DCSO's staffing capabilities to emergency situations or to support Forest Service Officer;
in their official capacities. When requested by the DCSO, the Forest Service agrees to dispatch
Page3 of 7
Agreement No. 2004 -LE -11060120-008
additional Law Enforcement Officers within the Forest Service's staffing capabilities to emergency
situations or to support DCSO deputies on incidents that fall within their state arrest authority.
Forest Service Officers and Agents who meet the training and certification requirements outlined in
House Bill 2596 (1993 Laws, Chapter 254) may exercise their state arrest authority according to
the guidelines and limitations specified in ORS 133.245
VI. 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 Forest Service designated representative listed in Item I -A of this
Operating Plan, except as noted in Section VI -B-2. The designated representative will then notify
the Cooperator whether funds will be authorized for reimbursement. If funds are authorized for
situations other than fire emergencies, the parties will 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 V -C. 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, 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 times
and schedules. Upon concurrence of the local Patrol Captain or their designated
representative, an official from the Incident Management Team assigned to the fire may make
such a request and specify such times and schedules. Upon approval by the Forest Service or
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/Other Situations:
This includes but is not limited to situations which are normally unanticipated or which typicality
include very short notice, Targe group gatherings such as rock concerts, demonstrations, and
organizational 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 VI -C. Deputies assigned to this type of incident will normally coordinate
their activities with the designated officer in charge of the incident.
C. Rates
The rates of reimbursement for fire emergencies are specified in Section I -B.
D. Billing Documentation:
Page 4 of 7
Agreement No. 2004 -LE -11060120-008
The billing for each incident shall include individual employee times and their agreement rate.
Such times will be documented on Crew Time Reports, shift tickets or other agreed upon form, and
must be approved by incident management personnel.
For billing done using procedures specified in Section VI -C, original documentation will be
maintained by the Forest Service in the appropriate fire documentation boxes or appropriate
incident management personnel; the Cooperator will maintain copies of all such documentation.
VH. BILLING:
A. The Cooperator will submit invoices for reimbursement of services provided under Sections
II and III of this agreement monthly or quarterly, at the discretion of the Cooperator.
Invoices should be faxed to:
1-877-687-4894
FAX coversheet should be addressed to:
USDA Forest Service
ASC — Payments -Grants and Agreements
USDA Forest Service
Albuquerque Service Center
Payments -Grants and Agreements
101B Sun Ave NE
Albuquerque, NM 87109
The Cooperator will prepare an itemized statement for each invoice submitted to the Albuquerque
Service Center. The statement will be in sufficient detail to allow the Forest Service to verify
expenditures authorized under Sections II and W. The itemized statement for reimbursement will
also include the following information:
1. Applicable Deputy Daily Activity Reports
2. Completed Cooperative Law Enforcement Activity (USFS Form 5300-5, furnished by
the Forest Service)
3. Number of felonies and types (can be listed in remarks column)
4. Copy of the submitted invoice
The statement should be sent to the following address:
Daniel C. Smith, Patrol Captain
USDA Forest Service
Law Enforcement and Investigations
1001 SW Emkay Drive
Bend, OR 97702
B. For reimbursement of services provided under Sections VI -B-1 and VI -B-3 of this agreement,
billing instructions will be specified in the revised Operating Plan.
C. For reimbursement of services provided under Section VI -B-2 of this agreement, the following
billing procedure will be used.
Incident management personnel will prepare an Emergency Use Invoice and, upon concurrence of
the Cooperator, will submit the invoice for payment along with all required documentation using
normal incident business procedures.
Page 5 of 7
Agreement No. 2004 -LE -11060120-008
The designated representative, IMT official, or a designated forest incident business official, will
approve the invoice and submit to the Albuquerque Service Center, Incident Finance, for payment
along with a copy of the current Operating Pian.
D. The Cooperator will be listed and maintain currency in the Central Contractor Registration
database accessible through the Internet at http://www.ccr.qov. The Cooperator will notify the
Forest Service of any changes of their applicable account numbers or banking information to help
ensure prompt payment.
VIII. SHARED SERVICES
Regular Cooperative Agreement funds intended for patrol services will NOT be used for
these services/facilities.
A. Vehicle Maintenance Service - The DCSO, at its expense, may provide certain vehicle
maintenance services to the Forest Service on their designated law enforcement vehicles, such as
installation and/or repair of emergency equipment/lighting, upon mutual agreement of both parties.
This service will be provided ONLY after coordinated and approved by the Forest Service Fleet
Manager and the appropriate DCSO designee with consideration given to available funding, staffing
and workloads. The Forest Service will reimburse the DCSO for actual hours of work. The base
hourly rate will not exceed the normal cost per hour for that employee plus Public Employees
Retirement System (PERS) and other customary benefit costs using PROJECT FUNDS ONLY.
B. Electronic Technician Service - The DCSO may provide electronic installation and maintenance
services to the Forest Service for their designated law enforcement vehicles, upon mutual
agreement of both parties with consideration given to workloads and available staffing and funding.
This will be done on a scheduled basis whenever possible. This service shall ONLY be provided
when coordinated and approved through the Forest Service Radio Technician. The Forest Service
will reimburse the DCSO for actual hours of work. The base hourly rate will not exceed the normal
cost per hour for that employee plus Public Employees Retirement System (PERS) and other
customary benefit costs using PROJECT FUNDS ONLY. The DCSO shall submit billings for this
service to the Forest Service in a timely manner. This billing shall be separate from the regular
monthly patrol service billings.
AGREEMENT MODIFICATION
In addition, Section IV, Subsection U. of the Cooperative Agreement is hereby modified as follows
by changing the termination date from September 30, 2008 to December 31, 2008:
U. This modification is effective as of October 1, 2007, and is executed as of the date of the last
signature and, unless sooner terminated, is effective through December 31, 2008 at which time it
will expire unless renewed in writing.
The remainder of the cooperative agreement is unchanged except for annually agreed-upon
changes to Operating Plans.
The authority and format of this Operating Plan and Agreement Modification have been
reviewed and are approved for signature.
w0,./.At,c lararore
; f* /78 1OD8
Midori Raymore, Grants & Agreement Specialist Date
Page 6 of 7
Agreement No. 2004 -LE -11060120-008
In witness whereof the parties hereto have executed this Operating Plan as of the last date written
below.
A
14/
TH MAS J., Special Agent in Charge Date
Pacific North ^ Region
7
JOHN AL
Deschut
LARR�GJBLA,fTON, 'heri
Desc tes County
ATTEST:
Recording Secretary
Date
--Vp?
Date
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Dated this day of
Chair
Commissioner
Commissioner
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