HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail (002)K23-187
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FS Agreement No. 23 -LE -1113162700-384
Cooperator Agreement No.
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between The
GRANT COUNTY SHERIFF'S OFFICE
And The
USDA, FOREST SERVICE
OKANOGAN-WENATCHEE NATIONAL FOREST
And
COLUMBIA BASIN JOB CORPS CIVILIAN CONSERVATION CENTER
This COOPERATIVE LAW ENFORCEMENT AGREEMENT (`Agreement') is entered into by
and between the Grant County Sheriff s Office, hereinafter referred to as "GCSO ," the USDA,
Forest Service, Okanogan -Wenatchee National Forest, hereinafter referred to as the "U.S. Forest
Service LEI" and the USDA, Forest Service, Columbia Basin Job Corps Civilian Conservation
Center, hereinafter referred to as the "Center" or "JCCC" under the provisions of the
Cooperative Law Enforcement Act of August 10, 1971, Pub. L. 92-82, 16 U.S.C. 5 5 1 a
Workforce Innovation and Opportunity Action (WIOA) of 2014, Job Training Partnership Act,
Title IV, 29 CFR 638.540 29 USC 1698 and the Policy Requirements Handbook (PRH -3:2.12).
Background: The U.S. Forest Service recognizes that criminal activity that may occur at
Columbia Basin Job Corp CCC falls under the jurisdiction of the Cooperator under State and
local laws. The U.S. Forest Service Law Enforcement Officer (LEO) will assist the Cooperator
in the enforcement of these laws as needed. Cooperation between the three parties will provide
and enhance the safety of the students and Center staff at the Columbia Basin Job Corp CCC.
Title: 2023 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 JCCCC lands.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Mission of the U.S. Forest Service Job Corps Civilian Conservation Centers is to train
eligible youth in the educational, social and vocational skills; while assisting the conservation
of the Nation's natural resources and contributing value to our communities.
This partnership is in line with the Agency's mission and Department of Labor — Office of
Job Corps guidance. This partnership will also assist the County in its efforts to take a
proactive approach to law enforcement by exposing and educating youth to positive law
enforcement activities. Now therefore, the parties hereby mutually agree that it is desirable to
cooperate in better utilizing the resources of agencies, while providing for more adequate
protection of persons and property.
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In consideration of the above premises, the parties agree as follows:
III. THE COOPERATOR SHALL:
A. Ensure that the officers/agents of U.S. Forest Service, JCCCC or the County 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.
B. Advise the U.S. Forest Service Principal Contacts, listed in Provision VI -I), of any
suspected criminal activities in connection with activities on JCCCC lands and facilities.
C. Refer students under the age of 18 years old (juveniles) involved in criminal activity to
the State Juvenile Justice System when deemed appropriate.
D. Apprehend and transport persons charged to a detention facility when warranted.
E. Provide the U.S. Forest Service LEI contact, listed in Provision VI -D, with case reports
and timely information relating to incidents/crimes in connection with activities on JCCCC
lands and facilities.
F. 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.
G. 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.
H. Provide assistance to U.S. Forest Service LEI personnel when requested.
I. Provide K-9 units to periodically conduct searches of common areas at the JCCCC. If
training opportunities are necessary, then the U.S. Forest Service, JCCCC or the County will
work with both the JCCCC and the U.S. Forest Service LEI contacts listed in Provision IV -B
for scheduling and required parameters for training sessions separate from requested
contraband item searches.
J. Routinely patrol the JCCCC or make other efforts for a visible presence at the Center.
K. Coordinate with the U.S. Forest Service LEI, the Center Staff and other local groups to
stage an active shooter drill to be practiced at the Center at least once yearly.
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L. Take possession of illegal materials and objects (e.g. drugs, drug paraphernalia, weapons,
explosives) confiscated by Center staff. Custody of said materials and objects will be
formally transferred from Center staff to GCSO staff through written (and photographic
when needed) documentation.
IV. THE U.S. FOREST SERVICE LAW ENFORCEMENT INVESTIGATIONS SHALL:
A. Advise the Principal Contacts, listed in Provision VI -I), of any suspected criminal
activities in connection with activities on JCCCC lands and facilities.
B. Report sexual assaults, and other significant criminal incidents to law enforcement
authorities as required by state and local law.
C. Secure and maintain chain of custody of any illegal drugs, drug paraphernalia, dangerous
weapons, contraband, or any other evidence of a crime until the U.S. Forest Service, JCCCC,
or responds and takes custody.
D. Cooperate with the U.S. Forest Service, JCCCC or the County as requested.
E. Investigate any damage or theft to government property.
F. Investigate any threats or assaults against Federal Employees (Center Staff).
G. U.S. Forest Service LEI personnel may assist JCCCC Management in maintaining the
Zero Tolerance Policy, and other prohibited activities for the safety and security of students
and staff by conducting general inspections according to policy (PRH: 5.4-2, R6). This may
include maintaining secure custody of any dangerous weapon owned by a student that is not
part of a criminal activity but has been confiscated by the JCCCC Management.
H. Coordinate with the Principal Contacts, listed in Provision VI -I), and other local groups
to stage an active shooter drill to be practiced at the Center at least once yearly.
I. Attempt to, within regulations and policy guidelines, transfer Center staff or students
suspected of crimes to GCSO custody; obtain and maintain evidence; and preserve potential
crime scenes.
V. THE U.S. FOREST SERVICE JOB CORPS CIVILIAN CONSERVATION CENTER
SHALL:
A. Advise the Principal Contacts, listed in Provision VI -I), of any suspected criminal
activities in connection with activities on JCCCC lands and facilities.
B. Discipline any students for fighting according to the DOL Job Corps Policy and
Requirements Handbook, and notify U.S. Forest Service, JCCCC, or if a student wishes
to file charges.
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C. Discipline any minor student under the influence or in possession of alcohol or
tobacco products according to the Job Corps Policy and Requirement Handbook.
D. As the JCCCC has a zero tolerance policy for dangerous weapons, if such weapons
have not been involved in a crime, the JCCCC will secure and maintain chain of custody
of any dangerous weapons until the student's designated person can take custody and
remove the weapon from the facility and grounds. If the JCCCC is unable to provide a
secure location, they may ask that the U.S. Forest Service LEI maintain custody until able
to release to the appropriate individual.
E. Cooperate with U.S. Forest Service, JCCCC, or and/or the U.S. Forest Service LEI as
requested.
F. Make available any known student or staff member for interviewing as policy and the
laws allow.
G. Provide students with transportation to any Court Hearings as requested by Law
Enforcement.
H. Provide transportation to any student released on an Own Recognizance Bond back to
the JCCCC facility.
I. Provide open access to the grounds and facilities at the JCCCC for training purposes
(such as K-9 units) to either the U.S. Forest Service LEI office or the U.S. Forest Service,
JCCCC or the County.
J. Coordinate with the U.S. Forest Service LEI, the U.S. Forest Service, JCCCC, or and
other local groups to stage an active shooter drill to be practiced at the Center at least
once yearly if authorized.
K. Transfer custody of drugs, drug paraphernalia, or alcohol to GCSO if needed for
evidence in a case; or destroy these materials after consultation with GCSO and the U.S.
Forest Service LEI.
VI. IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN
THE PARTIES THAT: `
A. Students can be charged under Federal law for threatening or providing false information
to a U.S. Forest Service employee (Center Staff).
B. U.S. Forest Service employees (Center Staff are subject to internal investigations of
alleged federal criminal violation by the Office of Inspector General (OIG).
C. 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.
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D. The principal contacts for this agreement are:
Principal Cooperator Contacts:
Cooperator Program Contact
Cooperator Administrative Contact
Name: Sheriff Joe Kriete
Name: Rob Jones
Address: 35 C Street NW
Address: 35 C Street NW
City, State, Zip: Ephrata WA 98823
City, State, Zip: Ephrata WA 98823
Telephone: (509) 754-2011 ext 2022
Telephone: (509) 754-2011 ext 2928
FAX: (509) 754-2058
FAX: (509) 754-2058
Email: jkriete@grantcountywa.gov
Email: rjones@grantycountywa.gov
Principal U.S. forest Service Contacts:
U.S. Forest Service CENTER Contact
U.S. Forest Service Administrative
Contact
Name: Johnny L. Lucas Jr. /CSO
Name: Mike Rios /Acting Center Director
Address: 6739 24th Ave. NE Bldg. 2402
Address: 6739 24th Ave. NE Bldg. 2402
City, State, Zip: Moses Lake WA 98837
City, State, Zip: Moses Lake WA 98837
Telephone: (509) 793-1626
Telephone: (509) 793-1625
FAX: (509) 793-1752
FAX: (509) 793-1758
Email: johnny.l.lucas(ousda.gov
Email: Michael.rios@usda.gov
U.S. Forest Service LEI Contact
U.S. Forest Service Administrative
Contact
Name: Laurence Olson
Name: Kristin Bail
Address: 215 Melody Ln.
Address: 215 Melody Ln.
City, State, Zip: Wenatchee WA 98801
City, State, Zip: Wenatchee WA 98801
Telephone: (509) 664-9236
Telephone: (509) 664-9323
FAX: (509) 664-9283
FAX: (509) 664-9280
Email: laurence.w.olson usda. ov
Email: lcristin.bail usda. ov
E. This agreement has no effect upon the U.S. Forest Service, JCCC or the County's right
to exercise civil and criminal jurisdiction on NFS or JCCC 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 & JCCClands or facilities.
F. The officers/agents of U.S. Forest Service, JCCC or the County performing law
enforcement activities under this agreement are, and shall remain, under the
supervision, authority, and responsibility of U.S. Forest Service, JCCC or the County.
Law enforcement provided by U.S. Forest Service, JCCC or the County 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.
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G. Federal Communication Commission procedures will be followed when operating
radio(s) on either party's frequency.
H. NOTICES. Any communications affecting the operations covered by this agreement
given by the U.S. Forest Service, JCCC, or the County is sufficient only if in writing
and delivered in person, mailed, or transmitted electronically by e-mail or fax, as
follows:
To the U.S. Forest Service Contacts,, at the addresses specified in the Agreement.
To the County, at County's address shown in the Agreement or such other address
designated within the Agreement.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
I. PARTICIPATION IN SIMILAR ACTIVITIES. This Agreement in no way restricts
the U.S. Forest Service, CENTER or the County from participating in similar activities
with other public or private agencies, organizations, and individuals.
J. NONBINDING AGREEMENT. This Agreement creates no right, benefit, or trust
responsibility, substantive or procedural, enforceable by law or equity. The parties
shall manage their respective resources and activities in a separate, coordinated and
mutually beneficial manner to meet the purpose(s) of this Agreement. Nothing in this
Agreement authorizes any of the parties to obligate or transfer anything of value
beyond services.
Specific, prospective projects or activities that involve the transfer of funds, property,
and/or anything of value beyond services to a party requires the execution of separate
agreements and are contingent upon numerous factors, including, as applicable, but
not limited to: agency availability of appropriated funds and other resources;
cooperator availability of funds and other resources; agency and cooperator
administrative and legal requirements (including agency authorization by statute); etc.
This Agreement neither provides, nor meets these criteria. If the parties elect to enter
into an obligation agreement that involves the transfer of funds, property, and/or
anything of value beyond services to a party, then the applicable criteria must be met.
Additionally, under a prospective agreement, each party 'operates under its own laws,
regulations,. and/or policies, and any Forest Service obligation is subject to the
availability of appropriated funds and other resources. The negotiation, execution, and
administration of these prospective agreements Must comply with all applicable law.
Nothing in this Agreement is intended to alter, limit, or expand the agencies' statutory
and regulatory authority.
K. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records
must not be limited, except when such records must be kept confidential and would
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have been exempted from disclosure pursuant to Freedom of Information regulations
(5 U.S.C. 552).
L. TEXT MESSAGING WHILE DRIVING. 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.
M. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as fully
as possible of its programs and activities. The County is/are encouraged to give public
notice of the receipt of this agreement and, from time to time, to announce progress
and accomplishments.
The County may call on the U.S. Forest Service's Office of Communication for advice
regarding public notices. The County is/are requested to provide copies of notices or
announcements to the U.S. Forest Service Program Manager and to The U.S. Forest
Service's Office of Communications as far in advance of release as possible.
N. TERMINATION. Any of the parties, in writing, may terminate this Agreement in
whole, or in part, at any time before the date of expiration.
O. DEBARMENT AND SUSPENSION. The County shall immediately inform the U.S.
Forest Service if they or any of their principals are presently excluded, debarred, or
suspended from entering into covered transactions with the federal government
according to the terms of 2 CFR Part 180. Additionally, should the County or any of
their principals receive a transmittal letter or other official Federal notice of debarment
or suspension, then they shall notify the U.S. Forest Service without undue delay.
This applies whether the exclusion, debarment, or suspension is voluntary or
involuntary.
P. MODIFICATIONS. Modifications within the scope of this Agreement must be made
by mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized, signatory officials, prior to any changes being
performed. Requests for modification should be made, in writing, at least 30 days
prior to implementation of the requested change.
Q. COMMENCEMENT/EXPIRATION DATE. This Agreement is executed as of the date
of the last signature and is effective through June 30th, 2024 at which time it will expire,
unless extended by an executed modification, signed and dated by all properly authorized,
signatory officials.
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R. AUTHORIZED REPRESENTATIVES. 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 herelg have executed this agreement as of the last date written below.
Miete, Grant County Sheriff bate
ant County Sheriff's Office
Rob Jon e s, OCC Chalr
County Commissioner
�v�
Date
Michael Rios, Center Director Date
U.S. Forest Service, Columbia Basin Job Corps
LAURENCE OLSEN, Law Enforcement and Date
Investigation Special Agent in Charge, Okanogan -
Wenatchee National Forest
The authority and format of this agreement have been reviewed and approved for
signature.
Digitally signed by JOHN
JOHN HEFNERHEFNER
Date: 2023.07.25 09:28:09 -07'00' 7/25/23
JOHN HEFNER, WO Date
U.S. Forest Service Grants & Agreements Specialist
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 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.
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