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Home My WebLink AboutR01-120 IGA for Wildfire ProtectionC Commissioner moved adoption of the fol ing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- RESOLUTION APPROVING THE INTERGOVERNMENTAL MUTUAL AID AGREEMENTS FOR WILDFIRE PROTECTION AND RELATED SERVICES WHEREAS, it is important for the purpose of securing benefits of mutual aid for the protection of life and property for many fire related incidents, and, whereas, acceptable terms of Intergovernmental Mutual Aid Agreements for Wildfire Protection and Related Services have been entered into by and between the County of Eagle, Eagle County Sheriff's Office, State of Colorado, the Towns ofMinturn, Red Cliff, and Vail, State of Colorado, all municipal corporations. Basalt and Rural Fire Protection Districts, Eagle River Fire Protection District, Greater Eagle Fire Protection District and Gypsum Fire Protection District, all special districts, and WHEREAS, it is recognized by those separate entities that the public health, safety and welfare of the inhabitants of the respective areas would be best served by providing the highest quality of backup or adjunct services possible, should the need arise; and WHEREAS, such Intergovernmental Mutual Aid Agreements are authorized and provided for by the provisions of Section 25 -5 -101 et seq. and 29 -1 -201 et seq. respectively, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, Intergovernmental Mutual Aid Agreement in a form as attached hereto as Exhibit "A" is approved by and between the County of Eagle, Eagle County Sheriff's Office, State of Colorado, the Towns of Minturn, Red Cliff, and Vail, State of Colorado, all municipal corporations, Basalt and Rural Fire Protection Districts, Eagle River Fire Protection District, Greater Eagle Fire Protection District and Gypsum Fire Protection District, all special districts. THEREFORE, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. C 0 MOVED, READ AND ADOPTED by the Board. of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the _ day of September, 2001. o FV' G � COUNTY OF EAGLE, STATE OF 5 ?, COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Tom C. tone, Chairman Am M. Menconi, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am M. Menconi t5 This Resolution passed by (Vj.,6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ll le-11 A INTERGOVERNMENTAL MUTUAL AID AGREEMENT 2001 THIS AGREEMENT, for wildfire proteptipp and related services, (hereinafter referred to as "Agreement "), made and entered into this — day of L," a 6 ` — , 2001, by and between the County of Eagle, Eagle County Sheriff's Office, State of Colorado, the Towns of Mintum, Red Cliff, and Vail, State of Colorado, all municipal corporations, Basalt and Rural Fire Protection District, Eagle River Fire Protection District, Greater Eagle Fire Protection District and Gypsum Fire Protection District, all special districts (hereinafter referred to as "the Parties "), for the purpose of securing the benefits of mutual. -yid for the protection of life and property from any fire related incident whose mutual aid would be beneficial, and WHEREAS, it is recognized by the Parties to this Agreement that the public health, safety and welfare of the inhabitants of their respective areas would be best served by providing the highest quality of back -up or adjunct services possible, should the need arise, and WHEREAS, each Party wishes to have the ability of securing the assistance of the other. In the event of an incident that renders itself incapable of being controlled by a single Parry, a request for mutual aid assistance will be transmitted, and , WHEREAS, each Party will, in good faith, make an attempt to assist the other based on their needs and specific requests, and WHEREAS, such Intergovernmental Mutual Aid Agreements are authorized and provided for by the provisions of Sections 29 -5 -101, et seq., and 29 -1 -201 et seq., respectively, C.R.S. NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto agree hereby as follows: ARTICLE I DEFINITIONS For purposes of this Agreement, the following phrases are defined as follows: 1.1 "Requesting Party ": The party to this Agreement in need of and requesting fire fighting assistance within its jurisdiction. 1.2 "Assisting Party": The party to this Agreement rendering fire fighting assistance outside of its jurisdiction to the other party to this Agreement requesting the same. ARTICLE II TERM AND TERMINATION 2.1 TERM The initial term of this Agreement shall commence on the execution of this Agreement by all Parties hereto and shall end on December 31, 2001, unless sooner F, / terminated as provided in Section 2.2 below. This Agreement shall autom ticall be r m enewed for successive one (1) year terms, beginning on January 1, 2002, a maximum a2hrZ i s (grow 100? 2005), unless notice of termination is given in writing by any Party to the others on an EXHIBIT anniversary date of the Agreement, in which event, this Agreement shall terrrdnate on the next following anniversary date. 2.2 TERMINATION Any time during the term of this Agreement, the Party aggrieved by a material breach may serve on the Party responsible for the breach, a written notice describing said breach. If the breach is not cured to the satisfaction of the other participating Parties, the aggrieved Party may then serve on the responsible Party written notice of termination. Any Party may terminate this Agreement on thirty (30) days' written notice without cause, or immediately with cause. ARTICLE III OPERATIONAL PLAN 3.1 OPERATIONAL PLAN The mutual assistance to be rendered under this Agreement shall outline the exact procedure to be followed in responding to a request for assistance. Each Party shall then designate an appropriate representative(s) within its jurisdiction who is /are empowered to request assistance under this Agreement. 3.2 ANNUAL REVIEW OF OPERATIONAL PLAN The Parties shall meet at least annually to review and, if necessary, to propose amendments to this Agreement. Any proposed amendments shall not be effective until approved in writing by the Parties to this Agreement. ARTICLE IV EQUIPMENT 4.1 PURPOSE It is the purpose of this article to indicate the equipment involved in a response as to its particular type, as well as the minimum amount to be sent to acknowledge a request. 4.2 RESPONSE FOR FIRE Based on a mutual aid request for assistance as it applies to wildfire suppression, the following Parties agree to attempt to make available whatever is requested, and only based on availability (see 4.4). 4.3 SPECIALIZED EQUIPMENT For the benefit of each Party, all Parties shall acknowledge special equipment that may be made available in the event of an out of the ordinary incident, and only based on availability (see 4.4). 4.4 PRIMARY RESPONSIBILITY Each Party understands that their primary responsibility will continue to lie within their normal jurisdiction, and in that capacity, they retain the right to evaluate circumstances within their own area prior to answering a mutual aid request. This Agreement is not intended to hamper the normal operations of any of the Parties. 4.5 EQUIPMENT USE RATES Current rates are established per cooperative resource rate agreements (See Appendix I). 4.6 REIMBURSABLE MANPOWER AND EQUIPMENT Reimbursable manpower and equipment use will be recorded on the appropriate forms and submitted to the responsible agency within seven (7) days of said fire. See Appendix II (Bill Outline) and Appendix III (Wildland Fire Report). 14 4.7 CHARGE PERIOD Rates will be computed as established in Section 4.5 of this Agreement, with the following exceptions: a. All fires will have A (2-� ) hour initial burn period for which each Party will assume responsibility for its own expenses. Private property owners outside of a fire protection districts may be held responsible for fire expense reimbursement to Eagle County Wildland Fire Fund, pursuant to SS30 -10- 513.5.. Colorado Revised Statutes. ARTICLE V RESPECT FOR JURISDICTION 5.1 CONSIDERATION It is understood that responding Parties leaving their respective districts to assist with a mutual aid request are ultimately in charge of their staff and equipment. It is the purpose of this consideration to indicate the need for an understanding of respect for jurisdiction. All responding Parties to an area outside their jurisdiction shall give total consideration for the rules, regulations, standard operating procedures, and proper guidance being administered by the authority having jurisdiction. The Parties shall notify each other of the name, address and telephone number of the representative(s) authorized to direct mutual aid activities within their respective jurisdictions. ARTICLE VI GENERAL RESPONSIBILITIES 6.1 RESPONSIBILITIES By state statute, the Sheriff is ultimately the authority responsible to ensure the control of or extinguishment of forest or prairie fires within Eagle County. The Sheriff is also directly responsible for the control of or extinguishment of wildland fires outside fire protection districts within Eagle County, and, through this Agreement with other fire suppression resources in Eagle County, shall provide support, coordination, control and/or suppression in wildland fire incidents where existing or potential hazards warrant his/her support. 6.2 REPORTING All wildland fire incidents in Eagle County will be reported immediately to Vail Communications Center regardless of the jurisdictional boundaries of other fire suppression resources to insure prompt notification of the responsible agency and need for additional resource request. 6.3 COMMUNICATIONS CHANNELS All requests for assistance shall be made through the proper communications channels. 6.4 STAGING AREA Upon proper request for mutual aid, the responding Party will dispatch any available resource and requested personnel to a designated staging area within the requesting Party's jurisdiction. 6.5 OBLIGATION No Party to this Agreement for mutual aid is under any C obligation to respond to a call from another of the Parties when conditions exist which would prevent response because of priority responsibility in its own jurisdiction, and no Party shall be required to deplete unreasonably its own resources, facilities and services in furnishing such mutual aid. ARTICLE VII MOBILIZATION PLAN 1. 7.1 INITIAL ATTACK Initial attack on any fi a occurring in the areas covered by this Agreement shall be taken by the requested or responsible fire organization(s), irrespective of jurisdictional boundaries, and the Party taking initial action shall report immediately to the jurisdictional Party. In the event the requested Party arrives first, the officer in charge of its forces shall serve as Incident Commander until the arrival of the jurisdictional Party's suppression forces or an appropriate officer who shall then take charge of the fire as Incident Commander. 7.2 INCIDENT COMMAND SYSTEM (ICS) ICS will be utilized during all fire operations. Any fire that crosses jurisdictional boundaries will then be considered a multi- agency fire, and a Unified Command will be formed. The purpose of the Unified Command will be to meet as a group and identify guidelines and direction resulting in one common set of objectives for implementation by the suppression forces. 7.3 ADDITIONAL SUPPRESSION RESOURCES All requests for non - federal agency fire resources will be made through the applicable Party representative. Requests for state or federal agency fire forces will be made through the applicable Party representative. 7.4 RESOURCES AVAILABLE The Sheriff's Office Fire Unit will coordinate information throughout the fire season concerning all fire danger (calculated by USFS), suppression activities, and changes in location of manpower and equipment. 7.5 STATE EMERGENCY FIRE FUND (EFF) Eagle County is a member of the State EFF Agreement. The purpose of this fund is to provide funds to cover costs associated with a large fire on private or state lands that exceed the suppression capability of the County. Implementation of the Emergency Fire Fund can only be done by the State Forester of Colorado upon the recommendation of the local CSFS District Forester following a request from the Sheriff or his designee. For this reason, it is important that the CSFS District Forester or his designee be notified immediately of major fires on private or state lands within the County. Should the fire surpass, or threaten to surpass, the ability of County resources to contain it, EFF implementation can only occur with a CSFS representative on the scene of the fire. When a fire "goes EFF," CSFS assumes full responsibility and authority for all suppression activity until the fire is returned to Sheriff s responsibility. The State Forester will designate a Line Officer who will assume the CSFS position on the Unified Command Group. M C ARTICLE VIII AIR OPE RATIONS 8.1 ORDERING OF AIR SUPPORT Requests for air support will be requested directly to the Vail Communications Center who then will contact the Grand Junction BLM dispatch for the request. 8.2 USE OF AIR SUPPORT a. Rotor -wing Aircraft: (1) Helitack: Mutual -aid (Z.7 ) request for Upper Colorado River Fire Management Unit's (UCRFMU) Type III (Aloutte) helicopter may be requested and authorized by any on -scene Incident Commander Party to this Agreement. (2) Colorado Army National Guard (CANG): Requests for CANG helicopters must be requested and authorized by a member of the Sheriff's Office Fire Unit, in accordance with C.R.S. 24 -32 -2107. b. Fixed -wing Aircraft: (1) Air Attack, Lead Plane and Air Tankers: Requests for retardant may be requested and authorized by any on -scene Incident Commander Party to this Agreement, who is then liable and responsible for all costs associated with that incident. In accordance with regulations, qualified personnel from the Party agency, BLM, USFS or Sheriff's Office must control all air tactical operations. (2) One retardant load yearly may be initiated under the Sheriff's Initial Attack Aircraft Agreement (IAAA); thus the Sheriff, or his designee, must be notified immediately of the request to activate the IAAA through the CSFS. ARTICLE IX OTHER PROCEDURES 9.1 BURNING PERMITS Standard operating procedures for burning permits for prescribed burns will be adhered to. The jurisdictional Party will follow agency prescribed burning policy and procedures and notify the Sheriff's Office of all burning projects. Such notification will include the location, timing and nature of prescribed burns and will be given well in advance of the burn and prior to ignition on the day of the bum. 9.2 BURNING RESTRICTIONS Closures prohibiting open fires during hazardous periods will be initiated in accordance with established Eagle County Fire Danger Matrix (See Eagle County Annual Wildfire Operating Plan) to include private, state, BLM and USFS lands. Closures will be a coordinated effort of cooperating agencies and authorized by the Sheriff. C � a. Definition (1) "Open Fire" means any fire source originated outdoors intentionally for any purpose, including, but not limited to, bonfires, campfires, charcoal or wood barbeques, trash or rubbish burning, smoking as defined in Eagle County Ordinance 92 -01 and lawn, weed or crop burning. (2) "Open Fire" does not mean propane or natural gas barbeq 3e. b. Penalties (1) The penalty for violation of any provision of this Ordinance is a fine of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000.00) for each separate violation. (2) Persons convicted of any violation under this Ordinance are subject to a surcharge of ten dollars ($10.00) which shall be paid to the Clerk of the Court. 9.3 MAINTENANCE AND ACCESS Use of roads on Forest Service and BLM lands presently closed to vehicular travel (outside of wilderness areas) is hereby authorized to all Parties to this Agreement. Suppression within designated wilderness and/or "roadless" areas will not be conducted through express orders from USFS. 9.4 WILDFIRE PREVENTION ACTIVITIES Each Party will prepare and release fire prevention material and radio/TV presentations according to their own prevention plans. Coordination with cooperating Parties will be followed in order to prevent a conflict in released material. All releases for fire prevention will carry USFS, CSFS, fire district or County Sheriff by -line. 9.5 LAW ENFORCEMENT ACTIONS For the purpose of fire law enforcement, the jurisdictional fire agencies and Eagle County will follow appropriate law enforcement regulations. Traffic control will be provided by the responsible law enforcement agency, upon request, to expedite the routing of vehicles and personnel to and from major fires and to exclude unauthorized personnel from the fire area. It will be the responsibility of the agency upon whose land the fire originates to take law enforcement action. When initial attack is made by another Party, the assisting Party will immediately gather and preserve information and evidence pertaining to the cause of the fire for the jurisdictional Party. In the case of any restrictions on burning or public movements because of extreme fire danger, either by Governor's proclamation or by this Agreement, the County will be responsible for enforcement on all lands. 9.6 FIRE INVESTIGATION AND INCIDENT FINAL REPORTS The cooperating Parties will take the steps necessary to gather evidence of fire cause as outlined in the jurisdictional Party's fire control procedures. Civil and criminal follow -up action will be taken by the jurisdictional Party. ARTICLE X WILDFIRE DETECTION 10.1 ASSOCIATED ACTIVITY Cooperating Parties will keep each other informed throughout the fire season of associated activity and will forward any reports of wildfire activity received to the Vail Communications Dispatcher who will notify all Parties through routine procedures. ARTICLE XI FIRE DANGER MONITORING AND INFORMATION 11.1 FIRE WEATHER WATCHES AND RED FLAG WARNINGS The local offices of the USFS will monitor local fire danger levels and will notify the Eagle County Sheriff's Office of any significant changes in level. National Weather Service in Grand Junction periodically issues fire weather watches or "Red Flag" warning bulletins to USFS Regional Office and to CSFS State Office. These offices notify respective local contacts who, in turn, will ensure all local agencies are informed. ARTICLE XH DISPUTE RESOLUTION PROCEDURES 12.1 DISPUTES The primary purpose of this Agreement is to ensure prompt suppression of fires. Any inter - agency dispute arising from these procedures will be resolved on- site by the incident commander and agency reprehensive. When necessary, following the conclusion of the fire incident, a panel of Party representatives, to include the participants, will review and resolve the dispute. This Agreement will remain in effect until superseded. Participating Parties will meet before May 1 each year to review and update' the Agreement for official approval. ARTICLE XIII RESPONSIBILITY FOR PERSONNEL AND CONIPENSATION 13.1 PERSONNEL Every person employed in or providing services for the performance of services and functions pursuant to this Agreement is the sole responsibility of the Party by whom that person is employed on a full -time basis, or volunteering services, and no person providing services hereunder and employed by either Party hereunder shall have any right associated with employment by or provision of services to another Party. No Party shall be called upon to assume any liability for the personnel performing services hereunder as a result of the employment or provision of such personnel by another Party, or any liability other than that 7 ( l provided for in this Agreement. No Party shall be liable for compensation or indemnity to any employee or volunteer of another Party for injury or sickness arising out of his or her employment or services rendered under this Agreement. 13.2 TRAINED FIRE FIGHTERS All personnel will be Red Carded at minimum as a Firefighter Type 2 (NWCG Standards) or higher qualification. Parties to this Agreement shall provide a list of qualified fire fighters to the Sheriffs Office-by May 1 annuahy. 13.3 COMPENSATION Pursuant to Sections 29 -5 -109 and 29- -101, respectively, C.R.S. all compensation and other benefits enjoyed by (;very person employe -.i in their own jurisdiction shall extend to the services they perform under this Agreement iwl- luding, without limitation, workmen's compensation coverage and pension fund payments. ARTICLE XIV INDEMNIFICATION 14.1 INDEMNIFICATION All fire fighters, whether the requesting or the assisting Party, shall be protected from liability for any actions taken during the course of duty of fire fighting, pursuant to the provisions as set forth in C.R.S. Sections 24 -10 -102 et seq. Should any liability accrue under the provision of C.R.S. Sections 24 -10 -102 et seq., or otherwise, due to the negligent or'otherwise tortuous act of the fire fighting officer, while performing said fire fighting assistance, or due to the direction of the requesting Party, said liability shall be imposed upon the requesting Party and not upon the assisting Party. Each Party to this Agreement shall waive any and all claims against the other Party hereto which may arise out of its activities outside of its respective jurisdiction while rendering aid under this Agreement. Each Party shall indemnify and save harmless the other Party to this Agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other Party to this Agreement outside its respective jurisdiction while rendering aid under this Agreement. In this respect, all immunities from liability enjoyed by a Party to the Agreement within its jurisdiction shall extend to its participation in rendering mutual aid under this Agreement outside its jurisdiction. ARTICLE XV STATUTORY AUTHORITY 15.1 STATUTORY AUTHORIZATION The provisions of Sections 29 -5 -101 through 29 -5 -111, inclusive, C.R.S., are fully applicable and thereby made a party of this Agreement fully. 15.2 GOVERNMENTAL PURPOSES The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes. ARTICLE XVI MISCELLANEOUS 16.1 This written Agreement embodies the whole Agreement between the Parties hereto and there are no inducements, promises, terms, conditions or obligations made or entered into either by Parties other than contained herein. 16.2 All agreements and covenants herein are severable, and in the event that any of them , °,hall be held invalid by a Court of competent jurisdiction, this Agreement shall be inter; °-ted as if such invalid agreement or covenant were not erntained he yin. 16.3 Each Party has represented to each other Party to this Agreement that it possessed the legal ability to enter into this Agreement. In the event that a Court of competent jurisdiction determines that any of the Parties hereto did not possess the legal ability to enter this Agreement, this Agreement shall be considered null and void between such Party and all other Parties as of the date of such Court determination. 16.4 This Agreement may be executed by the Parties in multiple copies, each copy of which shall have the same force and effect as an original. IN WITNESS WHEREOF, the Parties h -reto have executed this Agreement as of the date first above written. ATTEST: Bv: Clerk to the Board of A.J. Jo so Eagle County Sheriff TOWN O I kf' i 0 p'A/ By: TOWN OF W VIA I Bv: n v By: ATTEST: By: ATTEST: By: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Chairman TOWN OF RED CLIFF Bv: TOWN OF VAIL, By: BASALT & RURAL FIRE PROTECTION DISTRICT By: EAGLE RIVER FIRE PROTECTION DISTRICT By: GREATER EAGLE FIRE PROTECTION DISTRICT By: GYPSUM FIRE PROTECTION DISTRICT By: 10