HomeMy WebLinkAbout20070092.tiff RESOLUTION
RE: APPROVE EQUIPMENT AGREEMENT FOR NEW RAYMER-STONEHAM FIRE
PROTECTION DISTRICT AND AUTHORIZE CHAIR TO SIGN
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Equipment Agreement among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County,on behalf of the Sheriffs Office,the State of Colorado Forest Service,and the New Raymer-
Stoneham Fire Protection District,commencing January 1,2007,with further terms and conditions
being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Equipment Agreement among the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Sheriffs
Office, the State of Colorado Forest Service, and the New Raymer-Stoneham Fire Protection
District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of January, A.D., 2007, nunc pro tunc January 1, 2007.
BOARD OF COUNTY COMMISSIONERS
WEL UNTY, COL ADO
ATTEST: /r I �k' J1 c , eoc f
�� .7:.);;;„„ \
4
""'�/i � w�°. avid E. Long, Chair
Weld County Clerk to the r • �-"
I`' a . J -Tem
C,_j>
BY: � t�I
Deputy Jerk to the Board � �i ! (- C
Willia F. Garcia
rc
APP ED RM: S)3(
Robert D. Masden
ounty Attorney
_G 7 uglas Ra emache
Date of signature:
2007-0092
SO0028
bbelt5) O/-i9 —v7
No. CSFS#123
Fire Protection District
(Rev.4/89)
EQUIPMENT AGREEMENT
Between
Colorado State Forest Service
and
New Raymer-Stoneham Fire Protection District
This Agreement, effective as of January 1, 2007, by and between the State
of Colorado acting by and through the State Forester of the Colorado State Forest Service
on behalf of the State Board of Agriculture, hereinafter referred to as the State Forest
Service, and New Raymer-Stoneham Fire Protection District acting by and through the
Board of Directors, hereinafter referred to as "the District," the Board of Weld County
Commissioners, hereinafter referred to as "the County," and the Sheriff of Weld County,
hereinafter referred to as "the Sheriff," under authority of state laws.
Witnesseth:
WHEREAS, the State Board of Agriculture is by law designated as the
agency of the state to administer equipment and funds obtained under the Cooperative
Forestry Assistance Act of 1978 (Public Law 95-313), which function has been delegated
to the State Forest Service, and
WHEREAS, it is the duty of the State Forest Service to provide for the
protection of the forest resources of the state, both public and private from fire, and
C:\DOCUMENTS AND SETTINGS\BLEBEDA\MY DOCUMENTS\FIRE 1\CM-2\NRSFPD EQUIPMENT AGREEMENT. 2007-0092
No. CSFS#123
Fire Protection District
(Rev.4/89)
WHEREAS, it is the duty of the Sheriff under C.R.S. 30-10-513 to control
all forest and prairie fires within Weld County and the County has authority under C.R.S.
30-11-107(1)(o) to cooperate with the State Forester in organizing and training rural
firefighting groups and funding fire suppression efforts, and
WHEREAS, by entering into this Agreement, the District/Sheriff/County
receives benefit of additional fire equipment for emergency use within Weld County.
NOW THEREFORE, in consideration of the mutual covenants hereinafter
set forth the parties agree as follows:
I. The State Forest Service agrees to:
A. Loan or provide firefighting equipment as described in Appendix A, Item 1,
in operating condition and equipped to perform the assigned fire duties of
the County.
B. Provide periodic instruction in the use and in the minor maintenance of the
equipment.
C. Perform repairs due to normal wear and tear as described in Appendix B,
Section I.
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No. CSFS#123
Fire Protection District
(Rev.4/89)
D. Inspect the operating ability and appearance and report to the District the
findings of such inspection.
E. Provide fire report forms for the reporting of wildland fire incidents.
F. During January of every year, invoice the District for the annual
maintenance fee described in II-O.
G. Remove all equipment shown as Item 1 of Appendix A if not properly
maintained, used, or operated in accordance with this Agreement.
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No. CSFS#123
Fire Protection District
(Rev.4/89)
II. The District agrees to:
A. Use the fire equipment obtained by this Agreement in a careful and prudent
manner only for fire protection or other emergency situations when life or
property are threatened.
B. Maintain the equipment in operating condition at all times, and provide
adequate housing for the equipment on a year-round basis.
C. Pay for all operating costs and minor maintenance as described in Appendix
B, Section II.
D. Maintain in force liability insurance coverage in amounts equal to or greater
than $150,000 each person/$400,000 any one occurrence, or such higher
amount as may be specified in the Colorado Governmental Immunity Act,
1973 C.R.S., 24-10-101 et. seq., as amended, for such acts as to which
government immunity has been partially waived by statute or by resolution
of the District, if any. Such insurance shall be obtained from a company
licensed to do business in the state of Colorado or through statutorily
approved self-insured program.
E. Make all equipment acquired under this Agreement available to the County
for the control of forest and prairie fires within the County and/or to the
State Forest Service for emergency fire suppression use statewide.
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No. CSFS#123
Fire Protection District
(Rev.4/89)
F. Whenever possible, as mutually agreed, make the equipment acquired under
this Agreement available to the State Forest Service for other fire-related
uses.
G. Make no changes, additions, or deletions to the equipment without prior
written approval of the State Forest Service.
H. Return the equipment listed as Item 1 of Appendix A to the State Forest
Service at its request.
I. To the extent permissible by law, assume all risks and liabilities for and
hold the State Forest Service and County harmless from all claims,
liabilities, or expenses for injuries or death to persons or damage to property
arising out of the use or possession of the firefighting equipment by the
District or its agents, except when said equipment is under the direct
supervision of the State Forest Service or County. The State Forest Service
warrants this vehicle only for its intended use of wildland fire protection.
Nothing in this Agreement to hold harmless or any other provision of this
Agreement shall be construed in any way to be a waiver by the County or
the Sheriff of any of the protections to which the County or the Sheriff or
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No. CSFS#123
Fire Protection District
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any of their officials or employees are entitled under Colorado
Governmental Immunity Act, as amended.
J. The State Forest Service does not warrant the equipment for local
maintenance required under Appendix B, Section II.
K. Maintain at its own expense a minimum of tools and hose, listed as Items 2,
3, and 4 of Appendix A, on the equipment listed as Item 1 of Appendix A.
Such tools and hose will be kept on the vehicle at all times including actions
pursuant to paragraphs II-E and II-F. When loaned to the State Forest
Service under paragraphs II-E and II-F, they will return the equipment in
the same condition as when loaned.
L. Pay the State Forest Service for Items 2, 3, and 4 of Appendix A if acquired
from or through the State Forest Service.
M. Pay the State Forest Service for major repairs on the equipment listed as
Item 1 of Appendix A due to abuse, misuse, or negligence by the District or
its agents, as determined by the State Forest Service.
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No. CSFS#123
Fire Protection District
(Rev.4/89)
N. Notify the State Forest Service as soon as practical whenever the equipment
listed as Item 1 of Appendix A is not operating properly and/or needs
repair.
O. Pay the State Forest Service within 30 days after receipt of an invoice a fee
of$200.00 per year to maintain the vehicle according to Appendix B,
Section I.
P. Prepare and send reports to the State Forest Service of all wildland fire
incidents no later than January 15 for each preceding calendar year.
Incidents are to be reported on the current Colorado State Forest Service
Incident Report form or on local report forms, provided the local form
contains the same information as the current Colorado State Forest Service
Incident Report.
Q. The District is liable for any intentional, unauthorized conveyance,
alteration, or use of the vehicle.
III. The parties mutually agree as follows:
A. In the event that the Sheriff uses this equipment outside of said District on a
fire that is under the direct control of the Sheriff, the Sheriff agrees to
perform those duties assigned the District except for
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No. CSFS#123
Fire Protection District
(Rev.4/89)
the provision of year-round housing (II-B) and payment of annual
maintenance fee (II-0). If the Sheriff uses this equipment within the
bounds of the District, the District agrees to be bound by those duties set
forth in Section II.
B. The equipment subject to this Agreement, listed as Item 1 of Appendix A, is
owned by the United States Government, and is loaned to the
District/Sheriff/County through the State Forest Service for emergency and
fire-related use only.
C. The equipment, listed as Item 1 of Appendix A, shall not be sold, pledged,
mortgaged, encumbered, traded, or disposed of, in whole or in part, without
prior written approval of the State Forest Service.
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No. CSFS#123
Fire Protection District
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D. Whenever the equipment hereunder is used by the Sheriff, the provisions of
the mutual aid agreement and other applicable state statutes shall govern
any disputes.
E. This Agreement may be canceled any time but not less than 30 days written
notice from one party to the other parties. If, however, the State Forest
Service determines that the District/Sheriff/County is not in compliance
with any portion of this Agreement, the State Forest Service shall invoke
the terms of paragraph II-H.
F. To adhere to the provisions of Appendix C.
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No.
CSFS#123
Fire Protection District
(Rev 4/89)
COUNTY SHERIFF of Weld County, Colorado
By
Co Sheriff
BY >¢u L L LL-,LcJcLL/ By
Fire ltection Board ire Chief
BOARD OF COUNTY COMMISSIONERS of Weld County, Colorado
Attest ti;" 0�j/�� j `•C o .
1861 David David E. Long
r• /08/2007
BY �.1/-� r 4i. )'/
Title Deput silk to cpyrd
COLORADO STATE FORES RVICE
BY ,
to Forester
c1Q.Cr-l.'690?
No. CSFS#123
Fire Protection District
(Rev.4/89)
APPENDIX A: EQUIPMENT
The following equipment is hereby designated as fulfilling the requirements of the
Equipment Agreement between Colorado State Forest Service and New Raymer-
Stoneham Fire Protection District dated January 1, 2007.
Type of Equipment:
Item
1. Dodge 4X4 3/ Ton, 1977
Serial Number W21BE7S192535
Color
Pump
Hose reel, tank and tool box attached
2. Hose: 200 feet of single jacket cotton or cotton synthetic
rubber lined 1 1/2"
200 feet of linen 1" or cotton synthetic lined 1"
200 feet of 3/4" ID and 1" OD, high pressure rubber
20 feet of 1 1/2" suction
3. Tool Cache:
4 Wildland fire tools
3 hard hats or helmets 1 backpack pump
4. Miscellaneous tools and accessories:
2 Nozzles 1:1 1/2" combination, 1:1" combination
1 Spanner wrench, combination 1 1/2" and 2 1/2"
1 Strainer suction hose, 1 1/2"
1 Reducer, 1 1/2"xl"
2 Adapter 1 1/2", F-NSTxM-IPT, and M-NSTxF-IPT
1 Wye, gated 1 1/2"xl 1/2"xl 1/2"
2 Double female coupling, 1:2 1/2", 1:1 1/2"
1 Double male coupling, 1 1/2"
1 Hose clamp
1 Jack, 12 ton
1 Wheel wrench and handle
1 5 pound dry chemical extinguisher
1 Pliers
1 Crescent wrench 10"
2 Screwdrivers, 1 3/8"x12" and 5/16"x6", flat tip
1 Hammer, ball peen
1 5 gallon gas can and spout
3 Batteries, 12 volt
C:\DOCUMENTS AND SETTINGS\BLEBEDA\MY DOCUMENTS\FIRE 1\CM-2\NRSFPD EQUIPMENT AGREEMENT.DOC
No. CSFS#123
Fire Protection District
(Rev.4/89)
APPENDIX B: MAINTENANCE
Equipment Agreement between Colorado State Forest Service and
New Raymer-Stoneham Fire Protection District dated January 1, 2007.
The State Forest Service agrees to provide the following maintenance as needed for
equipment listed in Item 1 of Appendix A of this Agreement:
A. Major overhaul or replacement of truck or pump engines.
B. Replace or repair transmission or clutch.
C. Replace or repair differentials or axles.
D. Replace or repair brake drums, shoes, hydraulic, or air brake systems.
E. Replace or repair major damage to frame, body, tanks, or glass.
F. Major repair or replacement of fire pump or plumbing systems.
G. Provide parts at cost for minor repairs on electrical system or minor maintenance as
needed for Section II of this Appendix.
H. Provide minor tune-ups on vehicles when in warehouse shops for major repairs.
I. Provide an annual inspection by a qualified Colorado State Forest Service mechanic.
II. The District agrees to provide the following maintenance for all equipment listed in Item 1
of Appendix A of this Agreement:
A. Provide fuel, oil, and lubrication filters as needed and recommended by the State
Forest Service.
B. Provide minor engine tune-up, brake adjustment, and tire repair at all other times
except as noted in Item H of this Appendix.
C. Maintain electrical system, batteries, and cooling system.
D. Provide similar maintenance for pumping equipment.
E. Maintain pumping system so as to prevent cold weather freeze damage.
F. Maintain hose, tools, and miscellaneous accessories in serviceable condition.
No. CSFS#123
Fire Protection District
(Rev.4/89)
APPENDIX C: MISCELLANEOUS
Equipment Agreement between Colorado State Forest Service and
New Raymer-Stoneham Fire Protection District dated January 1, 2007.
A. Financial obligations of Colorado State Forest Service payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available.
B. The Colorado State Forest Service agrees as part of this Agreement that it will
comply with all applicable laws regarding discrimination on the basis of race, creed,
color, sex, or handicap including but not limited to Executive Order 11246 as
amended or as may be further amended hereafter.
C. The laws of the state of Colorado and rules and regulations issued pursuant thereto
shall be applied in the interpretation, execution, and enforcement of this Agreement.
D. The signatories hereto aver that they are familiar with
18-8-301, et. seq., (Bribery and Corrupt Influences) and
18-8-401, et. seq., (Abuse of Public Office), C.R.S. 1973,
as amended, and that no violation of such provision is present.
E. The signatories aver that to their knowledge no Colorado State Forest Service
employee has any personal or beneficial interest whatsoever in the services or
property described herein.
December 5, 2006 FOREST
SERVICE
Weld County Commissioners
915 Tenth Street Fort Collins District
5060 Campus Delivery
P. O. Box 758 Fort Collins,Colorado 80523-5060
Greeley CO 80632 (970)491-8660
FAX:(970)491-8645
Dear Commissioners:
Thank you for taking time to consider two wildfire protection items. I am requesting
approval on the Annual Wildfire Operating Plan and an Equipment Agreement with New
Raymer/ Stoneham Fire Protection District. I have briefed Commissioner Long on these
items. Included in this packet are three items. The first one for reference only.
1. Agreement for Cooperative Wildfire Protection in Weld County—Already
approved—included as a reference. County participation in this agreement is
based on state statutes 23-30-305 Cooperation by Counties, 30-10-512 Sheriff to
act as fire warden, and 30-10-513 Sheriff in charge. This agreement was
approved by Weld County Commissioners, Sheriff, and Colorado State Forest
Service in 2004. It authorizes an Annual Wildfire Operating Plan(see#2 below)
and extends the benefits of state cooperative wildfire program assistance
including placement of the fire truck with New Raymer/ Stoneham FPD (see#3
below) and grant programs for all Weld County Fire Cooperators.
2. The Annual Wildfire Operating Plan—Commissioner's signature requested.
The purpose of the Operating Plan is to set forth standard operating procedures,
agreed procedures, and responsibilities to implement cooperative wildfire
protection on all lands within Weld County. One of the main functions of this
plan is to recognize that the fire departments deliver the fire protection on the
Pawnee National Grasslands and to describe ways that we can help the fire
departments with preparedness and suppression response. We've already gotten
approvals from the Fire Chiefs Association, the Sheriff and the Colorado State
Forest Service. The Commissioners can authorize whoever they choose to sign
future Operating Plans.
3. An Equipment Agreement with New Raymer/Stoneham FPD -
Commissioner's signatures requested. Colorado State Forest Service has
decided to place a fire truck with New Raymer/Stoneham FPD. We have initiated
an agreement for placement of that truck. We've already gotten approvals from
the Fire Protection District Board,the Fire Chief and the Sheriff.
I'd be glad to answer any questions that I can.
Sincerely,
Boyd 1O. Lebeda
District Forester
30-10-513. Sheriff in charge of forest or prairie fire -
expenses.
It is the duty of the sheriff,undersheriffs,and deputies,in case of any forest or prairie
fire,to assume charge thereof or to assist other governmental authorities in such
emergencies for controlling or extinguishing such fires, and,for assisting in so doing,
they may call to their aid such person as they may deem necessary. The state forester may
assume the duty with concurrence of the sheriff. The board of county commissioners of
any county may allow the sheriff,undersheriffs,deputies,municipal or county fire
departments,fire protection districts, fire authorities, and such other persons as may be
called to assist in controlling or extinguishing such fires such compensation and other
expenses necessarily incurred as it may deem just. The board of county commissioners of
any county in this state may make such appropriation as it may deem proper for the
purpose of controlling fires in its county. The board of county commissioners is
authorized to levy a special tax subject to approval of the voters upon every dollar of
valuation of assessment of the taxable property within the county for the purpose of
creating a fund that shall be appropriated,after consultation with representatives of fire
departments,fire protection districts,and fire authorities in the county,to prevent,
control, or extinguish such fires anywhere in the county and to fix the rate of levy; except
that the amount raised from the levy in any one year is limited to the amount raised by
one mill or five hundred thousand dollars, whichever is less.
Source: L.03:p. 176, §2. R.S.08: § 1281. C.L.§ 8756. CSA: C. 45, § 103. L.45: p.
299, § 1. CRS 53:§35-5-13. C.R.S. 1963:§ 35-5-13. L.65: p. 925, §4. L.96: Entire
section amended,p. 673, § 1,effective May 2. L.2000: Entire section amended,p. 1303,
§ 6, effective May 26.
.:netat;ehi�re�-.
Cross references:For the legislative declaration contained in the 2000 act amending this section,see
section 6 of chapter 272,Session Laws of Colorado 2000.
COlOe
FOREST
SERVICE
Fort Collins District
March 26, 2007 5060 Campus Delivery
Fort Collins,Colorado 80523-5060
(970)491-8660
New Raymer-Stoneham Fire Protection District FAX:(970)491-8645
229 Baird Street
New Raymer, Colorado 80742
Dear NRSFPD:
Enclosed is the Equipment Agreement number 2007-0092, dated January 8, 2007,
between Colorado State Forest Service and New Raymer-Stoneham Fire Protection
District.
There is one change that was made to the first page of the agreement. It has to do with
how Colorado State Forest Service is identified. A phrase in the first paragraph on the
first version stated
"...on behalf of the State Board of Agriculture, hereinafter..."
now reads"...on behalf of the Board of Governors of the Colorado State University
System, Colorado State University, hereinafter...".
The equipment under this agreement is as follows:
Make: Dodge
VIN: W21BE7S192535
The Colorado State Forest Service is pleased to make this equipment available to your
department and we trust that it will be an asset to your mission.
Please let me know if you have any questions.
Sincerely,
Boyd . Lebeda
District Forester
Enclosure
Cc: /Weld County Commissioners
Weld County Sheriff
Colorado State Forest Service Fire Equipment Shop
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