HomeMy WebLinkAboutC15-409 Vail Mountain Rescue Group and Eagle County Sheriff AGREEMENT CONCERNING
SEARCH AND RESCUE ACTIVITIES
THIS AGREEMENT is entered into on the 2144day of Uc k-% , 2015, between The
Vail Corporation, a Colorado corporation ("Ski Area Operator") whose address is PO Box 7,
Vail, CO 81658 and Eagle County, Colorado, a body corporate and politic with consent and
approval of the Eagle County Sheriff and Vail Mountain Rescue Group, Inc. a Colorado non-
profit corporation ("VMRG").
WHEREAS, the Sheriff has the responsibility and authority to coordinate or authorize
search and rescue operations within Eagle County, Colorado pursuant to C.R.S. 24-33.5-707(10);
and
WHEREAS, the Sheriff authorizes VMRG to be the primary response team to
coordinate and facilitate backcountry search and rescue operations under the direction and with
the authority of Eagle County Sheriff; and
WHEREAS, the Ski Area Operator operates the Vail and Beaver Creek ski resorts in
Eagle County, Colorado and employs persons able to assist the Eagle County Sheriff in search
and rescue operations occurring outside of the Ski Area Operator's developed permit areas, on
lands within Eagle County, Colorado; and
WHEREAS, the Sheriff or his designee may request the assistance of certain employees
of the Ski Area Operator; and
WHEREAS, the parties desire to clarify their relationship during search and rescue
operations.
NOW THEREFORE, in consideration of the above premises and the promises
contained herein, the parties agree as follows:
1. The Eagle County Sheriff has statutory responsibility and authority for the coordination of all
backcountry search and rescue operations within Eagle County. Individuals who are on the
Ski Area Operator's Ski Patrol or other ski area employees at both the Vail and Beaver Creek
Ski resorts ("Patrol Members") may be requested, for the purpose of aiding Eagle County in
Search and Rescue operations, when they are positioned to provide resources, support, and/or
technical expertise.
2. Patrol Members who wish to assist the Sheriff will participate as appointed members of Vail
Mountain Rescue Group ("VMRG"), subject to the control of the Eagle County Sheriff or
through his designated Vail Mountain Rescue Group Mission Coordinator ("VMRG MC").
Patrol Members will be considered appointed members of VMRG when:
a. Such assistance is requested of the Ski Area Operator by written or verbal
communication from the Eagle County Sheriff or designated VMRG MC; or
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b. Eagle County Sheriff or VMRG MC is provided a list of participants, verbally or in
writing. These participants will be added to the Mission Sign In (ICS Form 211); or
c. For missions where Ski Patrol determines that an emergent response is warranted
prior to return contact by Eagle County Sheriff or VMRG MC, a list of participants
should be kept and provided at the first opportunity so they may be added to the
Mission Sign In.
3. When responding as appointed members of VMRG, the parties agree that Patrol Members
shall not be considered employees of the Ski Area Operator while engaged in search and
rescue operations outside of the Ski Area boundaries. Eagle County shall be liable for any
valid Workers' Compensation claims made by Patrol Members resulting from volunteer
services through VMRG as provided herein.
4. Patrol Members who are listed on the Mission Sign In are eligible and authorized to receive
benefits and protections as "public employees" under C.R.S. 24-10-101 et. seq. and as that
term is defined in C.R.S. 24-10-103(4) all in accordance with the terms of this agreement.
5. It is the intent of the parties that while Patrol Members are volunteering as members of
VMRG pursuant to the terms of this agreement they will be considered as "authorized
volunteers" under the provisions of C.R.S. section 24-10-103(4) as amended and as such,
entitled to the volunteer protections.
6. If performing authorized training or duties for Eagle County under the direction and control
of the Eagle County Sheriff or his designated VMRG MC, Patrol Members volunteering
through VMRG shall be covered and defended by Eagle County's membership in the
Colorado Counties Casualty and Property Pool (CAPP) for general liability coverage in
accordance with state statue and CAPP policies and Eagle County's membership in the
County Workers Compensation Pool for workers compensation coverage in accordance with
C.R.S. 8-40-202.
7. If the Eagle County Sheriff or VMRG MC determines that there is a need to groom rescue
roads for emergency access purposes, this request must be made to the Ski Area Operator's
Director of Mountain Operations in writing or by verbal communication. If the Ski Area
Operator determines there is a need to groom rescue roads for emergency access purposes,
Ski Area Operator may,but shall not be obligated to, conduct such grooming at its discretion.
8. Ski Area Operator has the sole discretion, which discretion shall be reasonably exercised, to
allow or deny the use of any of its equipment, including but not limited to motorized
vehicles, for search and rescue operations. Ski Area Operator shall maintain insurance to
protect its equipment in the event of damage during search and rescue operations as provided
for herein.
9. VMRG agrees to provide Ski Area Operator with 2 radios programed with VMRG
channel(s), prior to the start of each ski season and returned to VMRG at the end of each ski
season, to be to be used by Patrol Members to facilitate communications with Patrol
Members who are responding to backcountry search and rescue incidents as members of
VMRG.
10. The parties further agree that any search and rescue operations undertaken with assistance of
Patrol Members shall be subject to and performed in accordance with the protocols attached
hereto as Exhibit "A". Furthermore, each Patrol Member that may participate in search and
rescue operation hereunder shall receive a copy of such protocols and shall agree to abide by
terms of such protocols.
11. This agreement does not, and shall not be deemed to confer upon any third party any right to
claim damages or bring suit, or other proceeding against either party because of any term
contained in this agreement.
12. The term of this agreement shall commence on the date of execution and shall be in effect for
an initial term ending on September 15, 2016. At the end of the initial term, this agreement
shall automatically renew for successive one-year terms on September 15, unless any party
provides notice of non-renewal before September 15. Furthermore, this agreement may be
terminated by any party on 90 days written notice to the other parties hereto. This agreement
may be modified or amended only by written agreement, executed by all parties hereto.
13.Notwithstanding anything to the contrary contained in this agreement, the County shall have
no obligations under this agreement nor shall any payment be made in respect of any period
after December 31 of each calendar year during the term of this agreement, without any
appropriation therefore by the County in accordance with a budget adopted by the Board of
County Commissioners in compliance with the provisions of Article 25 of Title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et. seq.)
and the TABOR Amendment(Colorado Constitution, Article X, Sec. 20).
[Rest of Page Intentionally Left Blank]
IN WITNESS WHEREOF,this agreement is executed and entered into on the day and
year first written above.
VI•GLE%
,
Eagle County, Colorado o``
By and T• •ough i Board of ounty Commissioners Attest:
By: // IA " / / - I By: Q
Kathy hand Cr-Henry, Chair • Teak Simonton, Clerk to the Board
y; `'%
.+ es Van B-
Eagle Coun r S-eriff
Vail Mo •'n Rescue Group, Inc.
By: —_.._ ..
Its:
The Vai )C e rpora ion
By ' rL.
CI • op-her E.Jarnot t'
EVP&Chief Operating Officer-Vail
Exhibit "A"
SEARCH AND RESCUE PROTOCOLS
SKI AREA OPERATOR SKI PATROL
In the event that an avalanche accident or other search and rescue operation occurs and the
assistance of Patrol Members is requested by the Eagle County Sheriff or his designated VMRG
MC, all Patrol Members shall make good faith efforts to comply with the following protocols
and operating guidelines.
1. When Patrol Members become aware of a backcountry incident they should
a. Contact Vail Dispatch to report incident details including location,#involved,known
circumstances, and Ski Patrol call back contact for this incident
i. Vail Dispatch will notify Eagle County Sheriff
ii. Vail Dispatch will notify VMRG Mission Coordinator
b. Begin to plan and implement an appropriate response based on the incident details
and available resources
c. Ski Patrol call back contact should expect a return call from the Sheriff or VMRG
MC to discuss and jointly identify:
i. Incident Command
ii. Initial plan of action
iii. Authorized resources
iv. Location of Unified Command(to be established by joint agreement when
needed).
2. When Vail Dispatch becomes aware of a backcountry incident that has originated from a ski
area or has occurred near or adjacent to a ski area boundary
a. Collect incident details including location, #involved, known circumstances
b. Notify Eagle County Sheriff
c. Notify Vail Mountain Rescue Group Mission Coordinator
d. Sheriff or his designated VMRG MC will contact Ski Patrol Dispatch/ Security
(dependent on time of day)to:
i. Request Ski Patrol resources
ii. Discuss access/request assistance with transportation
iii. Discuss initial plan of action
iv. Identify location of Unified Command (to be established by joint agreement
when needed)
3. Backcountry search and rescue operations will operate using standard ICS principles.
a. Ski Patrol Director or Senior Ski Patrol Supervisor may, in some cases, assume
Incident Command during initial search and rescue operations.
b. Eagle County Sheriff or his designated VMRG MC will assume Incident Command
as soon as it is practical and a hand off has been provided.
c. An Operations Section Chief to manage field operations will be assigned based on the
size/scope of the incident.
i. A senior member of VMRG or senior member of Ski Patrol can be assigned in
this role. This role will be a field position for smaller incidents and a
Command Post position for larger incidents.
d. If resources from multiple agencies are deployed in the field, a Unified Command and
a physical Incident Command Post will be established.
i. Patrol Members will work under the direction of the Ski Patrol representative
in Unified Command under the control of the Incident Commander.
4. Unified Command
a. Will be established for incidents where resources from multiple organizations are
deployed.
b. Location will be established by joint agreement.
c. Each participating organization is required to have timely physical representation.
5. Any request for specialized equipment(e.g. helicopters, canines, snowmobiles, snowcats,
explosives) or additional personnel must be approved by the Incident Commander. If
explosives are authorized, their transportation will adhere to applicable regulations. Eagle
County Sheriff's OfficeNMRG personnel may be used to transport if required. In all
situations,best possible safety practice and industry standards must be adhered to.
6. Only qualified Patrol Members may participate in search and rescue operations hereunder. In
the event that Patrol Members participate in search and rescue operations,the Ski Patrol
Director, or in their absence, the Senior Ski Patrol Supervisor on duty, shall determine which
personnel shall participate in such operations.
7. It is the intent of all participants that personnel assisting in search and rescue operations are
not exposed to undue hazards. At the point Patrol Members leave the permitted boundary to
commence search and rescue operations they shall be acting under the direction provided by
the Eagle County Sheriff or his designated VMRG MC and shall be considered volunteers as
set forth in C.R.S. 24-10-103(4). The responding Patrol Members shall be considered
authorized volunteers of Eagle County Government under the Colorado Governmental
Immunity Act for those actions taken within the scope of their duties as Search and Rescue
Volunteers, and therefore shall be provided Worker's Compensation and liability coverage,
subject to the provisions of such Act and in accordance with Colorado Revised Statutes.
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