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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailK20-188 SUSDA. Forest Service OMB 0596-0217 FS -1500-008 FS Agreement No. 20 -LE -11162700-001 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: LAW ENFORCEMENT COOPERATION WITH GRANT COUNTY SHERIFF'S OFFICE 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. 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 oVr 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 Page 1 of 9 USDA. Forest Service OMB 0596-0217 FS -1500 008 cooperate in better utilizing the resources of agencies, while providing for more adequate protection of persons and property. In consideration ofthe above premises, the parties agree as follows: III.THE COOPERATOR SHALL: 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. G Ctp Un %J�lai�pvr flirt farh r F. 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 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. Page 2 or9 93 USDA. Forest Service OMB 0596-0217 FS -1500-008 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 GCSO 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. Page 3 of 9 8USDA. Forest Service OMB 0596-0217 FS -1500-008 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 GCSO. 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 GCSO 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. Page 4 of 9 SUSDA. Forest Service OMB 0596-0217 FS -1500-008 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. 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. 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. D. The principal contacts for this agreement are: Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Name: Deputy Chief Darrik Gregg Name: Sheriff Tom 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) 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: Karl W. Lester / 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: karl.w.lester@usda.gov Page 5 of 9 OMB 0596-0217 SUSDA. Forest Service FS -1500-008 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: kristin.bail usda. ov E. This agreement has no effect upon the County's right to exercise civil and criminal jurisdiction on NFS 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. Page 6 of 9 S USDA. Forest Service OMB 0596-0217 FS -1500-008 I. 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 fiends 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 frilly 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. Page 7 of 9 OMB 0596-0217 $USDA, Forest Service FS -1500-008 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 October 31, 2021 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. Ib Izz JONES, Gran`17o ray Sheriff Date County Page 8 of 9 a %/,4 6 USDA. Forest Sen ice OMB 0596-0217 FS -1500-008 KARL. W. LESTER, Center -Director Date U.S. Forest Service, 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 R Digitally signed by EFNER Date: 2020.10.5 07:400:05-07 00' 10/15/2020 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. Page 9 of 9