COOPERATIVE LAW ENFORCEMENT AGREEMENT

COOPERATE AGREEMENT BETWEEN
MISSOURI STATE HIGHWAY PATROL
AND
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
MARK TWAIN NATIONAL FOREST
ROLLA, MISSOURI

Under the Act of August 10, 1971, (Public Law 92-82) (16 U.S.C. 551a)

Whereas, the Forest Service, hereinafter referred to as the Service, has the responsibility for the enforcement of the Federal laws and regulations relative to the National Forest System and other lands and water administered by the Forest Service, and,

Whereas, the Service recognizes that public use of such lands and water which are usually located in remote or sparsely populated areas, are attracting LARGE numbers of visitors, and,

Whereas, the Missouri State Highway Patrol, hereinafter referred to as the Cooperator, has the authority to enforce the State and local laws for the State-of Missouri, on such lands and water, and,

Whereas, the Mark Twain National Forest located in. the state of Missouri, for Which the Cooperator has the responsibility-of enforcement of State and local laws, and,

Now therefore, the parties hereby mutually agree that it is desirable to cooperate in better utilizing the resources of both agencies while providing for more adequate protection of persons and property as follows:

A. The Missouri State Highway Patrol agrees:

1. To continue to enforce the civil and criminal laws of the State on lands and water within or a part of ANY Unit of the National Forest System within the normal scope of its duty without reimbursement by the Service.

2. Upon specific request of the Service, to provide special services beyond those provided under clause A-1 for the enforcement of State and local laws relating to the protection of persons and their property in accordance with the operating and financial plan required by clause C-2.

3. To furnish the Service at intervals mutually agreed upon itemized statements of expenditures incurred under clause A-2.

4. To maintain accounting and performance records of the reimbursable expenses set forth in clause A-2 in a manner that will facilitate an examination by officials of the Service or other Federal officials who may be required to examine such records. Such records shall be retained for a period of 3 years following the year the expenditures were incurred unless disposition is otherwise agreed to in writing.

5. That all officers assigned to fulfill the services under this agreement shall meet the same standards of training required of other officers in their jurisdiction or the State peace Officers Standards of Training (POST) where they exist.

6. To furnish the Service in conjunction with the statement of expenditures, required by clause A-3, Form 5300-5, Cooperative Law Enforcement Activity Report, identifying the number of crimes occurring on National Forest System land. The report shall follow the FBI Uniform Crime Reporting groupings, Part I and Part 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 cooperator during regular duties .

B. The Service agrees, within availability of funds and established Service regulations and policies:

1. To enforce the Federal laws and regulations relating to the National Forest System lands.

2. To provide support and cooperation to the Missouri State Highway Patrol in the enforcement of State and local laws on lands and water within or a part of any unit of the National Forest System.

3. To reimburse the Missouri State Highway Patrol for the special or support services provided under clause A-2.

C. The parties mutually agree:

1. To provide the maximum cooperation possible within the availability of funds and established laws, regulations, and policies governing the respective agencies that will assure the protection of persons and their property on lead and water within or a part of any unit of the National Forest System.

2. To prepare an Operating and Financial Plan specifying the service to be provided and agreed for reimbursement. This plan when signed by both parties is attached to and made a part of this agreement. Each party shall designate in the plan a specific individual and alternate(s) to make or receive requests for special services under this agreement.

3. That officers and/or agents of the Missouri State Highway Patrol performing services under this agreement in enforcing State and local laws are, and shall remain, under the supervision, authority, and responsibility of the Missouri State Highway Patrol. Such services provided by the 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.

4. Civil Rights Act The recipient organization shall comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d. and in accordance with Title VI of that Act, no person in the United States shall. on the ground of race. color, handicap, or national origin, be excluded- from participation, be denied the benefits of, or be otherwise subjected to discrimination under any program practivity for which the recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement.

5. No member of, or delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

6. The period of this agreement shall be from the date of execution until terminated by mutual agreement or on July 30, 1996, written notice from either party to the other.

7 Any changes in the provisions of this agreement which are necessary and proper shall be made by formal amendment.

COOPERATOR

Missouri State Highway patrol

SERVICE
U.S. DEPARTMENT OF AGRICULTURE

Superintendent Missouri Supervisor
State Highway Patrol Date Mark Twain National Forest


FISCAL YEAR 1996
Operating and Financial Plan
Reimbursable Services Requested by Forest Service

This plan made and agreed to this day of June 1996, for the period beginning June 20, 1996 and ending July 07,1996, by and between the Forest Service and Missouri State Highway Patrol, becomes a part of the agreement between said parties dated June 20, 1996.

A. The Missouri State Highway Patrol agrees:

1. To provide Troopers as part of a joint agency response to a large group gathering on National Forest System land on the Mark Twain National Forest in oregon County, Missouri. The minimum number of Troopers assigned will be as follows: two (2) from July 01-02, 1996; six (6) from July 03-07, 1996. The Troopers have concurrent jurisdiction on National Forest Systems land and will enforce state and/or local laws. The Troopers will continue to work for and under the direction of the Missouri State Highway Patrol.

2. Cooperator agrees to also provide a mobile communications system with two dispatchers, to provide 24 hour coverage to the incident.

3. Shifts will consist of twelve hours each, first shift commencing at midnight until noon, second shift from noon until midnight. The duties will involve patrolling the incident and enforcing all applicable state laws in the interest of public safety. The cooperator agrees to share reports with the Forest Service Law Enforcement Division. The cooperator also agrees to be solely responsible for paying the first eight (8) hours of the shift.

4. Patrol vehicles will be appropriately marked and radio equipped, clearly visible to users of the area. Personal interview with some of the users will be necessary to monitor disturbances and unusual activities. Cooperator will furnish his own transportation to and from the area.

5. To dispatch additional Troopers within manpower capabilities to or emergency situations upon request of the Service.

6. To furnish the Service itemized statements for the services in Clauses A-1 through A-4 above. The statement will be sent to the special Agent at the U.S. Forest Service Supervisors Office. Rolla, Missouri who will Certify that the services have been performed. An account of action taken on legal offenses reported to or observed by the patrolling officer, and the disposition of any resulting court cases, will be furnished to the Law Enforcement Division.

7 The statements will be in sufficient detail to allow the Forest Service to tie these expenditures back to the reimbursable expenses and the rate Schedule contained in Clause B-2. The statements will be certified by the Missouri State Highway Patrol as being current and proper.

8. Any radios or equipment on loan by the Cooperator to the Forest Service will be repaired and paid for by the Cooperator with the cost being submitted for reimbursement under terms of the agreement along with the bill for services. The Cooperator will be responsible for maintenance and repair for all other radios and equipment where reimbursement was made with CLE funds.

8. All bills for reimbursable expenses incurred under the terms of this agreement must be submitted to the Forest Service no later than August 01, 1996.

B. The Service Agrees:

1. To reimburse Missouri State Highway Patrol on receipt of satisfactory statements of expenditures in accordance with the following schedule but "at to exceed a total of 515,000 for the period established for this plan.


SCHEDULE FOR REIMBURSABLE SERVICES

CLAUSE A-1, A-2, A-3: Reimbursement for hours worked beyond eight per day or 40 per week, shall be used for the Cooperators salaries, social security, workman's compensation, and unemployment insurance and the remaining dollars shall be used for maintenance of vehicles and/or equipment.

CLAUSE A-2: The Service agrees to reimburse the Cooperator for the installment, maintenance, and operational cost related to the Mobile Command Post.

CLAUSE A-4: The rate of $0.30 per mile per officer assigned.

When necessary, the Service agrees to reimburse for lodging and per diem.

C. It is mutually agreed the following shall be designated representative for each party:

1. For the Forest Service: Randy Moore Forest Supervisor

Mark Twain National Forest
314-364-4621.

2. For the State: Colonel Fred Mills Superintendent

Missouri State Highway Patrol 573-526-6145

Captain Vaughn Missouri State Highway Patrol
513-576-6145

Lieutenant Jim Ewers Troop G Headquarters
Missouri State Highway Patrol 417-469-3121

Colonel Fred Mills Randy Moore

Superintendent Forest Supervisor

Missouri State Highway Patrol


Case Contents | Rainbow Court Page | Rainbow Regs Page
Rainbow Home Page