HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail (002)I V11�4
USDA, Forest Service OMB 0596-0217
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FSAgreement No. 22 -LE -11162700-026
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" under the provisions of the Cooperative Law
Enforcement Act of August 10, 1971, Pub. L. 92-82, 16 U.S.C. 551 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: GRANT COUNTY SHERIFF'S OFFICE 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 CENTER lands.
11. 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
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cooperate in better utilizing the resources of agencies, while providing for more adequate
protection of persons and property.
In consideration of the above premises, the parties agree as follows:
A. Ensure that the officers/agents of 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 -D, of any
.suspected criminal activities in connection with activities on CENTER 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. Release students who are arrested and released on an Own Recognizance Bond to the
CENTER principal contact or other CENTER staff as needed.
F. Provide the T.T.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
CENTER lands and facilities.
G. 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.
H. 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.
I. Provide assistance to U.S. Forest Service LEI personnel when requested.
J. Provide K-9 units to periodically conduct searches at the CENTER. If training
opportunities are necessary, then the County will work with both the CENTER 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.
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K. Routinely patrol the CENTER or make other efforts for a visible presence at the Center.
L. 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.
M. Check licensing and registration sites to verify that weapons, which were confiscated at
CENTER, are registered and licensed.
N. 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 -D, of any suspected criminal
activities in connection with activities on CENTER 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 Law Enforcement
Agency responds and takes custody.
D. Cooperate with 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 CENTER 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 CENTER
Management.
H. Coordinate with the Principal Contacts, listed in Provision VI -D, and other local groups
to stage an active shooter drill to be practiced at the Center at least once yearly.
I. Release students who are arrested and released on an Own Recognizance Bond to the
CENTER principal contact or other CENTER staff as needed. Students will not be
physically returned to the CENTER facility however, U.S. Forest Service LEI personnel
will notify the CENTER Principal or staff of the student's release in order to have the
student transported to his/her home of record.
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J. 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 -D, of any suspected criminal
activities in connection with activities on CENTER lands and facilities.
B. Discipline any students for fighting according to the DOL Job Corps Policy and
Requirements Handbook and notify the Cooperator if a student wishes to file charges.
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 CENTER has a zero tolerance policy for dangerous weapons, if such weapons
have not been involved in a crime, the CENTER 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 CENTER 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 the County 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
CENTER facility.
I. Provide open access to the grounds and facilities at the CENTER for training purposes
(such as K-9 units) to either the U.S. Forest Service LEI office or the County.
J. Coordinate with the U.S. Forest Service LEI, the Law Enforcement and other local
groups to stage an active shooter drill to be practiced at the Center at least once yearly.
K. Contact local law enforcement authorities if the Center Director believes a strip search of
a student is necessary. CENTER shall not conduct strip searches of students.
L. Contact local law enforcement authorities when searches for evidence in criminal
prosecution must be conducted. Request the assistance of a law enforcement officer with
a search warrant, except when delay would endanger the physical well-being of students.
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M. 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.
V1. 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.
D. The principal contacts for this agreement are:
Principal Cooperator Contacts:
Cooperator Program Contact
Cooperator Administrative Contact
Name: Deputy Chief
Name: Sheriff Tom Jones
'Ctins,bvi
Address: 35 C Street Nwcs 0- s'h 6
Address: 35 C Street NW
City, State, Zip: Ephrata WA 98823 qJ
City, State, Zip: Ephrata WA 98823
Telephone: (509) 237-3552
Telephone: (509) 754-2011
FAX: (509) 754-2058
FAX: (509) 754-2058
Email: dgregg@grantcountywa.gov
Email: tjones@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: Maynard L. Spell / 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@usda.gov
Email: maynard.spell@usda.gov
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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.olsongusda.gov
Email: kristin.bail@ysda.gov
E. This agreement has no effect upon the County's right to exercise civil and
criminal jurisdiction on NF or CENTER 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 & CENTER lands or facilities.
F. The officers/agents of the County performing law enforcement activities under
this agreement are, and shall remain, under the supervision, authority, and
responsibility of the County. Law enforcement provided by 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.
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, CENTER, 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.
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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 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.
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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/EXPIR.ATION DATE. This Agreement is executed as of the
date of the last signature and is effective through December 31, 2022 at which time
it will expire, unless extended by an executed modification, signed and dated by all
properly authorized, signatory officials.
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 MOU. In witness
whereof, the parties hereto have executed this MOU as of the last date written below.
mm
TOM JONES, Grant o
Sheriff Date
G. County Sheriff's Office
' ins y Cag er ` ` 1
%..,vuiny %,,ommissioner
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Maynard Spell, 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.
JOHN H E F N E Rr�'.°Dateal 0ly 21.11 30 0 09 04 08 OOR 11/30/20-1
JOHN HEFNER, WO Date
U.S. Forest Service Grants & Agreements Specialist
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.
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