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HomeMy WebLinkAboutUSDA Forest Service Olympic National Forest MC Contract # 19 —0.7 U�S USDA,Forest Service OMB 0596-0217 FS-1500-8A FS Agreement No. 19-LE-11060900-002 Cooperator Agreement No. EXHIBIT A COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between COUNTY OF MASON And the USDA,FOREST SERVICE OLYMPIC NATIONAL FOREST 2019 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between Mason County Sheriff's Office,hereinafter referred to as "Cooperator,"and the USDA, Forest Service. Olympic National Forest, hereinafter referred to as the"U.S. Forest Service," under the provisions of Cooperative Law Enforcement Agreement#19-LE-11060900- 002 executed on date of last signature.This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning May 24. 2019 and ending September 30, 2019. Current Fiscal Year Obligation: $12,000.00 FY19 Total Annual Operating Plan: $12,000.00 I. GENERAL: A. The following individuals shall be the designated and alternate representative(s) ofeach party, so designated to make or receive requests for special enforcement activities. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Casey Salisbury, Sheriff Jason Dracobly, Chief Deputy Mason County Sheriff's Office Mason County Sheriff's Office 322 N 3rd St. 322 N 3rd St. P.O. Box 1037 P.O. Box 1037 Shelton, WA 98584 Shelton. WA 98584 Phone: (360)427-9670 ext. 313 Phone: (360)427-9670 ext. 326 Email: casevs(a?co.mason.wa.us Email: Idracobly a,co.mason.wa.us Page 1 of 8 (Rev. 12-13) a USDA,Forest Sen ice OMB 0596-0217 FS-1500.8A Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S. Forest Service Administrative Contact Contact James V. Griffin, Patrol Captain Cindy Orlando. Program Assistant Mt. Baker-Snoqualmie National Forest Mt. Baker-Snoqualmie National Forest 2930 Wetmore Ave. Ste. 3A 2930 Wetmore Ave. Ste. 3A Everett, WA 98201 Everett, WA 98201 Phone: (425) 783-6090 Phone: (425) 783-6092 Email: james.ariffin( usda.aov Email: cindy.orlando n,usda.gov tT.r , ` , ,. ; .r gi ; U.S. Forest Service Agreement Contact . '; aite alp: Y �,� � ��`., -T �-� �, `'�,�fi Amy Verellen, Grants Management fh` -1," • '''.-10=.-- ` Specialist = � ' ,, ,,` 4 215 Melody Lane � " ' -- ': ` Wenatchee, WA 98801 I �� z ..4 , Phone: (509) 664-9231 �,� _, -., _el �' Email: amv.verellen u,usda.cov B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Cooperator will provide full-time deputy from May 24, 2019 through September 30, 2019,at an overtime rate not to exceed $77.16 per hour (Including wages. benefits, vehicle costs, administrative costs). 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. Cooperator will provide a fully commissioned Deputy from May 24,2019 through September 30,2019,whose primary assignment is the Olympic National Forest inside the boundaries of Mason County, Washington. Particular attention will be given to those places utilized by the visiting public, such as administered recreation sites, dispersed recreation sites, buildings and boat launching facilities in the Lake Cushman area. B. Within staffing capabilities, additional Deputies shall be dispatched to unforeseen situations upon request of the U.S. Forest Service. C. The Cooperator will assign one fully commissioned Deputy with a fully equipped and marked Mason County Sheriff's Office vehicle, suitable for patrol of Forest areas. Page 2 of 8 (Rev. 12-13) USDA,Forest Service OMB 0596-0217FS-1500-8A D. Ample time will be spent in each area to make Forest users 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(NFS)lands should be provided to the U.S.Forest Service as soon as possible. E. Any known or reported incidents including contacts, investigations,citations,custodies, searches,etc.,occurring on NFS lands shall be documented on a Daily Activity Report. The U.S. Forest Service will supply Cooperator with these forms which will be forwarded quarterly,to the attention of James V.Griffin,Patrol Captain. F. Assigned Deputies will complete Daily Activity Reports denoting hours worked, location and type of activity to assure patrols are consistent with Agreement priorities. This documentation should be submitted with reimbursement requests. G. A completed Form FS 5300-5, Cooperative Law Enforcement Activity Report, shall be furnished to the U.S. Forest Service on a quarterly basis, identifying the number of crimes occurring on National Forest System(NFS) lands. The report shall follow the FBI Uniform Crime Reporting Groupings, Part I and II Offenses. Offense and arrest information shall be combined and reported for each crime. The report shall separate the crimes handled under the cooperative agreement from those handled by the County during regular duties. A copy of each Motor Vehicle Collision Report occurring on NFS lands and roads, including photos of the crash site depicting all vehicles involved,any property damage, road conditions and applicable road signs shall be provided to the U.S. Forest Service.All motor vehicle accidents shall be reported by phone to the local U.S.Forest Service Law Enforcement Officer as soon as possible. H. Cooperator shall notify the U.S.Forest Service as soon as possible of all search and rescues occurring on NFS lands.Deputies assigned to this agreement can perform preliminary search and rescue duties,but Cooperator shall furnish another Deputy for lengthy missions. I. The Cooperator will provide law enforcement coverage on Friday, Saturday, Sunday, and Holidays from Memorial Day to Labor Day weekends.Patrols can be variable within the stated time frames to adjust to demand. Page 3 of 8 (Rev. 12-13) USDA,Forest Service OMB 0596-0217 FS-1500-8A Suggested shifts for optimal coverage: SHIFT FRIDAY SATURDAY SUNDAY HOLIDAY** Morning X X X (0600-1000) Afternoon X X X (1400-1800) Night X X X July 4th only (2000-2400) ** Holidays include Memorial Day,4th of July, and Labor Day COOPERATIVE PATROL AREAS: 1. Patrol on following U.S. Forest Service roads: FS RD 24 from Hwy 119 to the National Park Service boundary FS RD 2451 2. Patrol in the following campgrounds,developed sites,or dispersed areas: Big Creek Campground Mt.Rose Trailhead Dry Creek Trailhead Lakeshore Day Use sites Bear Gulch Picnic Area Big Rock Dry Creek Trailhead Mt.Ellinor Total reimbursement for this category shall not exceed the amount of: $12.000.00, III. TRAINING: See Cooperative Law Enforcement Agreement Provision IV-Kfor additional information. Total reimbursement for this category shall not exceed the amount of: $QQ,Q IV. EQUIPMENT: See Cooperative Law Enforcement Agreement Provisions IV-I( IV-L, and IV-Mfor additional information. Total reimbursement for this category shall not exceed the amount of: $Q,QQ Page 4 of 8 (Rev. 12-13) 10�! USDA,Forest Service OMB 0546-0217 FS-1500-8A 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 Annual Operating Plan.The designated representative will then notify the Cooperator,whether funds will be authorized for reimbursement. If funds are authorized,the parties will then jointly prepare a revised Annual 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 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. 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. VI. BILLING FREQUENCY: See Cooperative Law Enforcement Agreement Provisions 11-H and 111-B for additional information. A. The Cooperator will submit invoices for reimbursement of services provided under Section II of this Operating Plan, monthly or quarterly, at the discretion of the Cooperator. Page 5 of 8 (Rev. 12-13) USDA,Forest Service OMD 0596-0217 FS-1500-8A B. 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 U.S. Forest Service to verify expenditures authorized under Section II. The itemized statement for reimbursement will also include the following information: 1. Areas patrolled and miles traveled on NFS lands. 2. Person-hours worked in NFS patrol areas. 3. Copies of completed Daily activity Reports. 4. Copies of invoice submitted. The invoice shall be sent to ASC for payment to the following address: USDA Forest Service Albuquerque Service Center Payments—Grants and Agreements 101 B Sun Avenue NE Albuquerque,NM 87109 Email: asc ua a.fs.fed.us Invoices may also be faxed to: 1-877-687-4894 FAX coversheet should be addressed to: USDA Forest Service ASC—Payments—Grants and Agreements The statement should also be sent to the following address: USDA Forest Service Mt. Baker-Snoqualmie& Olympic NF 2930 Wetmore Avenue, Suite 3A Everett, WA 98201 Attn: James V. Griffin, Patrol Captain Email:james.griffin a.usda.eov Email: cindv.orlandonusda.eov (preferred method) C. The following is a breakdown of the total estimated costs associated with this Annual Operating Plan. Category Estimated Costs Not to Exceed by % Patrol Activities $12,000.00 N/A Training $0.00 N/A Equipment $0.00 N/A Special Enforcement Situations $0.00 N/A Total 512,000.00 N/A Page 6 of 8 (Rev. 12-13) LW�Si USDA,Forest Service OMBS 1500-SA D. Any remaining funding in this Annual Operating Plan may be carried forward to the next fiscal 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. E. 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 hereto have executed this Annual Operating Plan as of the last date written below. 147 CASEY SALISBURY, She ff Date Mason County RETA LAFORD, Forest Supervisor Date U.S. Forest Service, Olympic National Forest KEVIN• 10 .0-411 Date S County Chair J•' BYAS, Special Agent in Charge Date USDA Forest Service,Pacific Northwest Region The authority and format of this agreement(19-LE-11060900-002)have been reviewed and approved for signature. Ute-- 5/111 ate..7ERELLEN Date U.S.Forest Service Grants Management Specialist Page 7 of 8 (Rev. 12-13) fU�J] USDA,Forest Service OMB 0596-02t7 FS-I 500-8A 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,induding 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 prohinited bases apply to al 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 disaimination,write USDA,Director,Office of CMI 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 8 of 8 (Rev. 12-13) LtI�JS USDA,Forest Service OMB 0596-0217 FS-1500-8 FS Agreement No. 19-LE-11060900-002 Cooperator Agreement No. COOPERATIVE LAW ENFORCEMENT AGREEMENT Between COUNTY OF MASON And The USDA,FOREST SERVICE OLYMPIC NATIONAL FOREST This COOPERATIVE LAW ENFORCEMENT AGREEMENT(`Agreement') is entered into by and between County of Mason,hereinafter referred to as"Cooperator,"and the USDA,Forest Service, Olympic National Forest,hereinafter referred to as the"U.S. Forest Service,"under the provisions of the Cooperative Law Enforcement Act of August 10, 1971,Pub. L. 92-82, 16 U.S.C.551a. Background:The parties to this agreement recognize that public use of National Forest System lands(NFS lands) is usually located in areas that are remote or sparsely populated.The parties also recognize that the enforcement of State and local law is related to the administration and regulation of NFS lands and Cooperator has/have a limited amount of financing to meet their responsibility of enforcing these laws. Title: Lake Cushman Patrols 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 NFS lands and provide for reimbursement to Cooperator for the intensified portion of this effort. In consideration of the above premises,the parties agree as follows: IL THE COOPERATOR SHALL: A. Perform in accordance with the approved and hereby incorporated Annual Financial and Operating Plan(Annual Operating Plan) attached as Exhibit A.See related Provision IV-E. B. Ensure that the officers/agents of Cooperator 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. C. Provide uniformed officers/agents with marked vehicles to perform all activities unless agreed to otherwise in the Annual Operating Plan. Page 1 of 9 (Rev.9-15) U4S USDA.Forest Service OMB 0596-0217 FS-1500-8 D. Advise the U.S. Forest Service Principal Contact, listed in Provision IV-B, of any suspected criminal activities in connection with activities on NFS lands. E. Upon the request of the U.S. Forest Service, dispatch additional deputies within manpower capabilities during extraordinary situations as described in Provision IV-J. F. Complete and furnish annually the U.S. Forest Service with Form FS-5300-5, Cooperative Law Enforcement Activity Report, identifying the number of crimes occurring on NFS lands. The report shall follow the FBI Uniform Crime Reporting groupings, Part I and Part II offenses. Offenses and arrest information shall be combined and reported for each crime. This report shall separate the crimes handled under this agreement from those handled during regular duties. G. Provide the U.S. Forest Service Principal Contact, listed in Provision IV-B,with case reports and timely information relating to incidents/crimes in connection with activities on NFS lands. H. Bill the U.S. Forest Service for Cooperator's actual costs incurred to date, displayed by separate cost elements, excluding any previous U.S. Forest Service payment(s) made to the date of the invoice, not to exceed the cumulative funds obligated hereunder and as specified on the Annual Operating Plan. Billing frequency will be as specified in the Annual Operating Plan. See related Provisions III-B, IV-I, and IV- P. I. 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. J. 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. K. Maintain current information in the System for Award Management(SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. Page 2 of 9 (Rev.9-15) Ll•] USDA.Forest Service OMB 0596-0217 FS-1500-S III.THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the Annual Operating Plan attached as Exhibit A. B. Reimburse Cooperator for actual expenses incurred, not to exceed the estimated amount shown in the Annual Operating Plan. The U.S. Forest Service will make payment for project costs upon receipt of an invoice. Each correct invoice shall display Cooperator's actual expenditures to date of the invoice, displayed by separate cost elements as documented in the Annual Operating Plan, less any previous U.S. Forest Service payments.See related Provisions II-H and IV-I. The invoice should be forwarded as follows: Submit original invoice(s) for Send copy to: payment to: USDA, Forest Service James V. Griffin, Patrol Captain Albuquerque Service Center USDA Forest Service/LEI Payments—Grants&Agreements 2930 Wetmore Ave, Ste 3A 101B Sun Avenue NE Everett, WA 98201 Albuquerque,NM 87109 Phone: (425) 783-6090 FAX: (877) 687-4894 FAX: (425) 783-6098 Email: asc as a,fs.fed.us Email: james.arif(in@usda.aov Email: cindy.orlando rt,usda.eov IV.IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE PARTIES THAT: A. 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. B. The principal contacts for this agreement are: Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Casey Salisbury, Sheriff Jason Dracobly, Chief Deputy 322 N 3rd St 322 N 3rd St P.O. Box 1037 P.O. Box 1037 Shelton, WA 98584 Shelton, WA 98584 Phone: (360)427-9670 ext. 313 Phone: (360)427-9670 ext. 326 FAX: (360)426-0567 FAX: (360)426-0567 Email:casevs a,co.mason.wa.us Email: idracoblyQco.mason.wa.us Page 3 of 9 (Rev.9-15) lL.t•] USDA.Forest Service OMB 0596-0217 FS-1500-8 Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager U.S. Forest Service Administrative Contact Contact James V. Griffin,Patrol Captain Cindy Orlando, Program Assistant Mt. Baker-Snoqualmie National Forest Mt. Baker-Snoqualmie National Forest 2930 Wetmore Ave. Ste. 3A 2930 Wetmore Ave. Ste. 3A Everett, WA 98201 Everett, WA 98201 Phone: (425) 783-6090 Phone: (425) 783-6092 Email: james.griffin@usda.gov Email: cindy.oHando@usda.gov .4 i Y z ` Mi.ge t g U.S. Forest Service Agreement Contact p4:0- :4 Amy Verellen. Grants Management �' Specialist i � = �Y4 215 Melody Lane, Wenatchee, WA 98801 ,� -,, .i Phone: (509) 664-9231 174 , <zEmail. amy.verellen@usda.gov C. An Annual Operating Plan will be negotiated on a fiscal year basis. At the end of the year, funds not spent may be carried forward to the next year, or de-obligated at the request of the U.S. Forest Service. Upon expiration of the Cooperative Law Enforcement Agreement, funds not spent will be de-obligated. D. This agreement has no effect upon Cooperator's right to exercise civil and criminal jurisdiction on NFS 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 lands. E. Any Annual Operating Plan added to this agreement will be jointly prepared and agreed to by the parties. The Annual Operating Plan shall at a minimum contain: 1. Specific language stating that the Annual Operating Plan is being added to this agreement thereby subjecting it to the terms of this agreement. 2. Specific beginning and ending dates. 3. Bilateral execution prior to any purchase or the performance of any work for which reimbursement is to be made. 4. Specify any training, equipment purchases, and enforcement activities to be provided and agreed rates for reimbursement including the maximum total amount(s) for reimbursement. 5. An estimate of the useful life of any equipment purchased under this agreement as required by Provision IV-K. Page 4 of 9 (Rev.9-15) lU�$5 OMB 0596-0217 USDA,Forest Service FS-1500-8 6. Billing frequency requirement(s).See related Provisions II-H and III-B. 7. Designation of specific individuals and alternate(s)to make or receive requests for enforcement activities under this agreement. 8. A review and signature of a U.S. Forest Service Agreements Coordinator. F. Nothing in this agreement obligates either party to accept or offer any Annual Operating Plan under this agreement. G. The officers/agents of Cooperator performing law enforcement activities under this agreement are, and shall remain,under the supervision,authority,and responsibility of Cooperator.Law enforcement provided by Cooperator 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. H. Federal Communication Commission procedures will be followed when operating radio(s)on either party's frequency. I. Cooperator's reimbursable expenses must be: listed in an approved Annual Operating Plan;expended in connection with activities on NFS lands;and expenses beyond those which are normally able to provide. J. During extraordinary situations such as,but not limited to:fire emergency, drug enforcement activities,or certain group gatherings, the U.S.Forest Service may request to provide additional special enforcement activities.The U.S.Forest Service will reimburse Cooperator for only the additional activities requested and not for activities that are regularly performed by Cooperator. K. Reimbursement may include the costs incurred by Cooperator in equipping or training its officers/agents to perform the additional law enforcement activities authorized by this agreement.Unless specified otherwise in the Annual Operating Plan,reimbursement for equipment and training will be limited to a pro rata share based on the percentage of time an officer/agent spends or equipment is used under this agreement. When reimbursement for items such as radios, radar equipment,and boats is being contemplated,reimbursement for leasing of such equipment should be considered. If the U.S.Forest Service's equipment purchases are approved in the Annual Operating Plan, an estimate of the useful life of such equipment shall be included. When purchased, equipment use rates shall include only operation and maintenance costs and will exclude depreciation and replacement costs. Whether Cooperator is/are reimbursed for lease/purchase costs,or the U.S.Forest Service purchases and transfers the equipment, the total cost for the equipment cannot exceed the major portion of the total cost of the Annual Operating Plan unless approved by all parties in the agreement and shown in the Annual Operating Plan. Page 5 of 9 (Rev.9-15) Ll1i1J] USDA.Forest Service OMB 0596-0217 FS-1500-8 When the U.S. Forest Service provides equipment,the transfer shall be documented on an approved property transfer form (AD-107)or equivalent.Title shall remain with the U.S. Forest Service, however; Cooperator shall ensure adequate safeguards and controls exist to protect loss or theft.Cooperator shall be financially responsible for any loss at original acquisition cost less depreciation at the termination of the agreement. Cooperator is/are responsible for all operating and maintenance costs for equipment that the U.S.Forest Service has reimbursed Cooperator for and/or transferred to Cooperator under the AD- 107 process or equivalent. L. Equipment and supplies approved for purchase under this agreement are available only for use as authorized. The U.S.Forest Service reserves the right to transfer title to the U.S.Forest Service of equipment and supplies,with a current per-unit fair market value in excess of$5,000.00,purchased by Cooperator using any Federal funding.Upon expiration of this agreement Cooperator shall forward an equipment and supply inventory to the U.S. Forest Service, listing all equipment purchased throughout the life of the project and unused supplies.The U.S. Forest Service will issue disposition instructions within 120 calendar days, in accordance with equipment regulations contained in 7 CFR 3016.32. M. When no equipment or supplies are approved for purchase under an Annual Operating Plan,U.S.Forest Service funding under this agreement is not available for reimbursement of Cooperator's purchase of equipment or supplies. N. When State conservation agencies have the responsibility for public protection in addition to their normal enforcement responsibility,their public protection enforcement activities may be included in Annual Operating Plans and are then eligible for reimbursement. Reimbursement is not authorized to State Conservation Agencies for enforcement of fish and game laws in connection with activities on NFS lands. O. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to Cooperator in excess of the amount to which Cooperator is/are finally determined to be entitled under the terms and conditions of the award constitute a debt to the federal Government. If not paid within a reasonable period after the demand for payment,the Federal awarding agency may reduce the debt by: a. Making an administrative offset against other requests for reimbursements. b. Withholding advance payments otherwise due to Cooperator. c. Taking other action permitted by statute. Except as otherwise provided by law,the Federal awarding agency shall charge interest on an overdue debt in accordance with 4 CFR,Chapter II"Federal Claims Collection Standards"and 31 U.S.C. Chapter 37. P. Modifications within the scope of the agreement shall be made by mutual consent of the parties,by the issuance of a written modification, signed and dated by both parties,prior to any changes being performed.The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. Page 6 of 9 (Rev.9-15) (11 55 USDA,Forest Service OMB 0596-0217 FS-1500-8 Q. Either party, in writing,may terminate this agreement in whole,or in part, at any time before the date of expiration.Neither party shall incur any new obligations for the terminated portion of this agreement after the effective date and shall cancel as many obligations as is possible.Full credit shall be allowed for each party's expenses and all noncancelable obligations properly incurred up to the effective date of termination. R. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS:All non federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act,2016,Pub.L. 114-113, relating to reporting fraud,waste and abuse to authorities: (a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud,waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees,contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a)of this award provision are no longer in effect. (c) The prohibition in paragraph(a)of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) If the Government determines that the recipient is not in compliance with this award provision, it: 1) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act,2016,(Pub. L. 114-113)or any successor provision of law; and 2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions. S. Federal wage provisions(Davis-Bacon or Service Contract Act)are applicable to any contract developed and awarded under this agreement where all or part of the funding is provided with Federal funds.Davis-Bacon wage rates apply on all public works contracts in excess of$2,000 and Service Contract Act wage provisions apply to service contracts in excess of$2,500.The U.S.Forest Service will award contracts in all situations where their contribution exceeds 50 percent of the cost of the contract. If Cooperator is/are approved to issue a contract, it shall be awarded on a competitive basis. Page 7 of 9 (Rev.9-15) • IS USDA,Forest Service OMB0596-0217 IS FS-1500-8 T. This agreement in no way restricts the U.S. Forest Service or Cooperator from participating in similar activities with other public or private agencies,organizations,and individuals. U. 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. V. Any information furnished to the U.S. Forest Service under this agreement is subject to the Freedom of Information Act(5 U.S.C. 552). W. This agreement is executed as of the date of the last signature and,unless sooner terminated,shall be effective for a period of five years through September 30,2023. X. 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 hereto have executed this agreement as of the last date written below. (1,44.ik 5 - / V- / / CASEY SALI Y, Sheriff /� Date Mason County RETA LAFORD, Forest Supervisor Date U.S. Forest Serv. a pic National Forest ip KEVIN S Y Date County Chair g—1 ,49 J BYAS, ecial A ent in Char a Date P g g USDA Forest Service,Pacific Northwest Region Page 8 of 9 (Rev.9-15) riWs USDA,Forest Service OMB 0596-0217 FS-I500-8 The authority and format of this agreement (19-LE-11060900-002) have been reviewed and approved for signature. 5/1'1!c, AMY D. VVERELLEN Date U.S. Forest Service Grants Management 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. In accordance with Federal civil rights law and U.S.Department of Agriculture(USDA)civil rights regulations and policies,the USDA,its Agencies,offices,and employees,and institutions participating in or administering USDA programs are prohibited from discriminating based on race,color,national origin,religion,sex, gender identity(including gender expression),sexual orientation,disability,age,marital status,family/parental status,income derived from a public assistance program,political beliefs,or reprisal or retaliation for prior civil rights activity,in any program or activity conducted or funded by USDA(not all bases apply to all programs).Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information(e.g.,Braille,large print,audiotape,American Sign Language, etc)should contact the responsible Agency or USDA's TARGET Center at(202)720-2600(voice and TTY)or contact USDA through the Federal Relay Service at(800)877-8339.Additionally,program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form,AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.To request a copy of the complaint form,call(866)632-9992.Submit your completed form or letter to USDA by:(1)mail:U.S.Department of Agriculture,Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250.9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.USDA is an equal opportunity provider,employer,and lender. Page 9 of 9 (Rev. 9-15)