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HomeMy WebLinkAbout1999-07 IGA Adopting the Eagle County Annyal Fire Protection Plan110 RESOLUTION NO. 7 SERIES OF 1999 A RESOLUTION ADOPTING THE EAGLE COUNTY ANNUAL FIRE PROTECTION PLAN AND THE INTERGOVERNMENTAL MUTUAL AID AGREEMENT. WHEREAS, the Vail Town Council recognizes the need to effectively address wildfire protection and related services on a County -wide basis. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is hereby authorized to enter into the 1999 Eagle County Annual Fire Protection Plan, attached as Exhibit A, and the Intergovernmental Mutual Aid Agreement, attached hereto as Exhibit B. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of June, 1999. ATTEST: rrelei 1 C:IRESOLU99.7 onaldson, Town Clerk Robert E. Ford, Mayor Apr, 1999 INTERGOVERNMENTAL MUTUAL AID AGREEMENT 1999 THIS AGREEMENT, for wildfire protection and related services, (hereinafter referred to as Agreement"), made and entered into this day of 19, by and between the County Eagle, State of Colorado, a body corporate and politic and the Towns of Avon, Minturn, Red Cliff, and Vail, State of Colorado respective Town Councils and the Fire Protection Districts of Eagle and Gypsum, by and through their respective Board of Directors, (hereinafter referred to as the Parties") 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 Party, 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 request; 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 "Assigned Party": The party to this Agreement rendering fire fighting assistance outside of its jurisdiction to the other party to this Agreement requesting the same. ASCLE 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, 1999, unless sooner terminated as provided in Section 2.2 below. This Agreement shall automatically be renewed for successive one 1) year terms, beginning on January 1; 2000, a maximum of three times, (through 2002) unless notice of termination is given in writing by any Party to the others on an anniversary date of the Agreement, in which event this Agreement shall terminate 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 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 be available upon the development and approval by the parties hereto of an operational pian, hereinafter known as the Eagle County Annual Fire Protection Plan. The plan 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 the Eagle County Annual Fire Protection Plan. Any proposed amendments shall not be effective until approved in writing by the parties to this Agreement. ARTICLE IV EOUIPMENT 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 AND PERSONNEL USE RATES. Reimbursable manpower and equipment use should be recorded on the appropriate forms within seven days of said fire. Consumables will be reimbursed at cost. Times of use will be determined by shift records. All bills and reports for use of equipment and manpower will be sent to Eagle County Sheriffs Office, P.O. Box 359, Eagle, CO 81631. Equipment and personnel rates are as follows for: Aerial Pumper or Engine: Tender/Tanker: Brush Truck: Dept. Owned Pickup: Trained Fire Fighter: Rescue: Command Officer & Firefighter Rate: 400 an hour 250 an hour with Operator 200 an hour with Operator 100 an hour with Operator 75 an hour 35 an hour 250 an hour 35 an hour 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 men 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. V AILE VI RESPONSIBILITY FOR PERSONNEL AND COMPENSATION 6.1 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 provided for in the 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. 6.2 TRAINED FIRE FIGHTERS: All personnel will meet NWCG Firefighter Type 2 Standards. 6.3 COMPENSATION. Pursuant to Sections 29-5-109 and 25-5-110, respectively, C.R.S., all compensation and other benefits enjoyed by every person employed in their own jurisdiction shall extend to the services they perform under this Agreement including, without limitation, workmen's compensation coverage and pension fund payments. ARTICLE VII INDEMNIFICATION 7.1 INDEMNIFICATION. All firefighters, whether the requesting or the assigned 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 sec. Should any liability accrue under the provision of C.R.S. Sections 24-10-102 et seg., 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 assigned party. 7.2 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. 7.3 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 VIII STATUTORY AUTHORITY 8.1 STATUTORY AUTHORIZATION. The provisions of Sections 29-5-101 through 29-5-111, inclusive, C.R.S., are fully applicable and thereby made a part of this Agreement fully. 8.2 GOVERNMENTAL PURPOSES. The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 All Agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a Court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. 9.3 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. 9.4 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 hereto have executed this Agreement as of the date first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Chairman County Commissioners By: A.J. Johnson, Eagle County Sheriff ATTEST: TOWN OF AVON By: By: Town Clerk Town Manager ATTEST: AVON FIRE DEPARTMENT By: ATTEST: TOWN OF MINTURN By: By: Town Clerk Mayor MINTURN FIRE DEPARTMENT By: ATTEST: TOWN OF RED CLIFF By: By: Town Clerk Mayor REDCLIFF FIRE DEPARTMENT By: ATTEST: By SEAL j TOWN OF VAIL 1. : 14rEiIfINI . J / e/ Town Clerk 'fawn Manager VAIL FIRE DEPARTMENT ATTEST: By: EAGLE FIRE PROTECTION DISTRICT By: By: Secretary Chariman ATTEST: GYPSUM FIRE PROTECTION DISTRICT By: By: Secretary President r r 4.30/99 PURPOSE EAGLE COUNTY ANNAIFIRE PROTECTION PLAN 1999 The purpose of this plan is to set forth the means of implementing the Eagle County Agreement for Cooperative Fire Protection, executed by the County and this of 1999, as per Mutual Aid Agreement. This plan outlines policies and responsibilities of the cooperating agencies in order to respond AO - fires in a safe, prompt, and effective manner. A. GENERAL RESPONSIBILITIES Responsibility for fire suppression in an area out of a fire protection district is shared jointly by the county and the various fire protection districts or fire departments. Reimbursable costs shall be covered as mutually agreed upon by the county and district or department involved per the Intergovernmental Agreement. Maps appended to this operating plan show boundaries delineating federal, state, county private land) and fire district/department areas of mutual responsibility. (See Appendix I.) B. MOBILIZATION PLAN 1. Initial Attack/Unified Command/ICS The Incident Command System (ICS) will be utilized on all fires. ICS is a standardized method of managing emergency incidents. It is based on: A common organizational structure Common terminology (Appendix II) Common operating procedures Known qualifications of emergency personnel ICS does not infringe on the daily routine, responsibilities or authority given each agency by statute. But, if a transfer of authority is necessary as conditions change, ICS smoothes out the transition since organizational structure and lines of authority are clearly identified. INITIAL ACTION on any fire occurring on the areas covered by this agreement shall be taken by the fire organization that first arrives at the scene of the fire, irrespective of jurisdictional boundaries, but the agency taking initial action shall report the fire immediately to the jurisdictional age., . In the event the assisting agency al -lilts first, the officer in charge of its forces shall serve as Acting Incident Commander until the arrival of the suppression forces, or appropriate officer, of the jurisdictional agency, who shall then take charge of the fire as Incident Commander. The agency taking initial action on any fire shall remain on the fire until the fire is completely controlled and out, or until relieved by an assisting agency or the jurisdictional agency. This includes the release of the agency's manpower and equipment in so. far as the relieving agency's manpower and tools are available to replace them. If a fire crosses jurisdictional boundaries and becomes a multi -agency fire, a UNIFIED COMMAND will be formed. The purpose of the Unified Command will be to meet as a group and identify policies and direction resulting in one common set of objectives for implementation by the suppression forces. The Unified Command will consist of representatives of the following agencies that have responded to that incident: Eagle County - Sheriff or his designee Colorado State Forest Service - District Forester or his designee Federal Land Agency involved - Forest Supervisor (USFS) or designee, District Manager (B•LM) or designee Fire District/Department Chief or designee If the fire continues to escalate the Unified Command Group will consider enacting theEOC. Resources Available Each agency will keep all others informed, throughout the fire season, of fire danger calculated by USFS), suppression activities, and changes in location of manpower and equipment. 3. Additional Suppression Resources All requests for non-federal agency fire forces will be made through the applicable agency representative. All requests for state or federal agency fire forces will be made through the applicable agency representative. 2 4. *State Emergency Fire Fund (EFF) 411 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 the resources of the COUNTY cannot handle. 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 County. 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 County responsibility. The State Forester will designate a Line Officer who will assume the CSFS position on the Unified Command Group. C. AIR OPERATIONS 1. Use and Ordering of Air Support Requests for air attack will be made only by a responsible official of the jurisdictional agency. Air attack will be handled by qualified personnel of either the BLM or USFS in accordance with the agency's regulations. Costs and Payment Responsibilities See Air Agreement, County, 1992. D. REIMBURSEMENTS 1. Costs Reimbursable REIMBURSABLE MANPOWER AND EQUIPMENT - Reimbursable manpower and equipment use should be recorded on the appropriate forms within seven days of said fire. 3 2. Rates EQUIPMENT USE RATES. Current rates are established in section 4.5 of the Intergovernmental Agreement. FIRE EQUIPMENT RENTAL not covered in the Appendix will not receive reimbursement expenses from jurisdictional agencies requiring them unless rates are mutually agreed to, in writing, and said equipment is requested by the jurisdictional agency. PERSONNEL - The wages of personnel shall be at the rate as established by the - cooperating agency as outlined in section 4.5 of the Intergovernmental agreement. CHARGE PERIOD. Rates will be computed hourly after the initial as established in 4.5 of the Intergovernmental Agreement. E. OTHER PROCEDURES 1. Burning Permits Standard operating procedures for BURNING PERMITS FOR PRESCRIBED BURNS will be adhered to. The jurisdictional agency will follow agency prescribed burning policy and procedures and NOTIFY COOPERATING AGENCIES OF BURNING PROJECTS. Such notification should include the location, timing, and nature of prescribed burns and should be given well in advance of the burn and prior to ignition on the day of the burn. Burning Restrictions REQUESTS FOR CLOSURES PROHIBITING OPEN FIRES during hazardous periods will be made to include private, state, BLM and USFS lands. These requests will be made by jurisdictional agency with notification given to cooperating agencies. Requests should- be submitted in writing to the respective granting authority. 3. Maintenance and Access Roads - 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 Annual Operating Plan. Suppression within designated wilderness and/or "roadless" areas will not be conducted through express orders from USFS. 4 4 . Wildfire Prevention Activities DISTRIBUTION OF FIRE PREVENTION MATERIALS will be handled by the jurisdictional agencies in Eagle County. Distribution should cover schools and commercial establishments within the County. The CSFS will supply the County Sheriff and fire districts with CFFP (Smokey Bear) materials for distribution on request by the department. Each agency will prepare and release FIRE PREVENTION MATERIAL AND RADIO/TV PRESENTATIONS according to their own prevention plans. Coordination with cooperating agencies should be followed in order to prevent a conflict"in released material. Where pertinent, all new releases for fire prevention will carry USFS, CSFS, fire district or County Sheriff by-line. 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, 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 agency, the assisting agency will immediately gather and preserve information and evidence pertaining to the cause of the fire for the jurisdictional agency. In the case of any restrictions on burning or public movements because of extreme fire danger. either by Governor's proclamation or by local issue, the County will be responsible for enforcement on all lands. 6. Fire Investigation and Incident Final Reports The cooperating agencies will take what steps necessary to gather EVIDENCE OF FIRE CAUSE as outlined in the jurisdictional agency's fire control procedures. CIVIL AND CRIMINAL FOLLOW-UP ACTION will be taken by the jurisdictional agency. Fire districts will file incident reports with Eagle County Sheriffs Office on forms provided for reporting to NFIRS following conclusion of each incident. 5 F. WILDFIRE DETECTION Cooperating agencies will keep each other informed throughout the fire season of lightning activity and will forward any reports of wildfire received to the Vail Communications Dispatcher who will notify all agencies through routine procedures. G. FIRE DANGER MONITORING & INFORMATION The local offices of the USFS will monitor local fire danger levels and will notify the ECSO of any significant changes in level. National Weather Service in Denver periodically issues "RED -FLAG" watches and 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. H. DISPUTE RESOLUTION PROCEDURES The primary purpose of this operating plan is to ensure prompt suppression of fires. Any inter -agency dispute arising from these procedures will be resolved on-site by the Unified Command Group. When necessary, following the conclusion of the fire incident, a panel of agency representatives, other than the participants in the incident, will review and resolve the dispute. This plan will remain in effect until superseded. Participating agencies will meet prior to April 1st each year to review and update the plan for official approval. 0 EAGLE COUNTY COOTIVE COUNTY WILDFIRE • 1999 ANNUAL OPERATING PLAN Agencies approving the continuation of this agreement through the 1999 fire season: Eagle County Sheriff Date B.O.C.C. Date Fire District Date Fire Chief Date Mayor Date Town Manager Date 7 APIX 1 MAPS 8 APP'IQDIX II DEFINITION OF TERMS AIR TANKER: Any fixed wing aircraft certified by FAA as being capable of transport and delivery of fire retardant solutions. ASSISTING AGENCY: An agency directly contributing suppression, rescue, support, or service resources to another agency. COOPERATING AGENCY: An agency supplying assistance other than direct suppression, rescue, support, or service functions to the incident control effort (e.g. Red Cross, law enforcement agency, telephone company, etc.). INCIDENT COMMANDER: The individual responsible for the management of all incident operations. INCIDENT COMMAND POST (ICP): That location at which the primary command functions are executed and usually co -located with the incident base. If possible, the ICP will be identified with a green light. JURISDICTIONAL AGENCY: The agency having jurisdiction and responsibility for a specific geographical area. RED FLAG WATCH and/or WARNING: These alerts are issued by the National Weather Service and indicate impending or existing conditions of extreme fire hazard in indicated areas. REIMBURSABLE FIRE: A fire for which costs incurred beyond the initial attack period in another jurisdiction; or costs incurred after being requested by another agency are reimbursed by the jurisdictional agency to the assisting agency. STRIKE TEAM: Specified .combinations of the same kind and type of resources, with common communication and a leader. TASK FORCE: A group of resources with common communications and a leader temporarily assembled for a specific mission. 9