HomeMy WebLinkAbout20040692.tiff RESOLUTION
I
RE: APPROVE AGREEMENT FOR COOPERATIVE WILDFIRE PROTECTION AND
AUTHORIZE CHAIR TO SIGN - COLORADO STATE FOREST SERVICE OF
COLORADO STATE UNIVERSITY
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 Agreement for Cooperative Wildfire
Protection between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Sheriff's Office,and Colorado State Forest Service
of Colorado State University, with 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 Agreement for Cooperative Wildfire Protection between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on
behalf of the Sheriff's Office,and Colorado State Forest Service of Colorado State University 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 March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTN, C� �
O�LORADO
IS ATTEST: iatetil t
'y obert D. Masden, Chair
Weld County Clerk to the B+: ;t I 'ai
`t-k/ 11 A,,--'
BY: ��� � � c� �, /William H. Jerke, Pro-Tem
O 12¢� rot �� uwet
Deputy Clerk to the Board', I EXCUSED
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APP VEDAS O FORM:. • C,tj r
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County t �neJG
3 Glenn Vaaa
Date of signature: "9
2004-0692
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CSFS#109
Rev.1/03
AGREEMENT
FOR
COOPERATIVE WILDFIRE PROTECTION
IN
WELD COUNTY
CSFS#109
Rev. 1/03
COOPERATIVE WILDFIRE PROTECTION
AGREEMENT IN WELD COUNTY
Table of Contents
Page
A. Authorities 1
B. Purpose 2
C. Definitions 2
D. Planning 3
E. Organizing, Equipment, and Training 3
F. Wildfire Prevention 4
G. Wildfire Detection/Notification 4
H. Wildfire Suppression 5
I. Reports 6
J. Prescribed Burning 6
K. Payments 7
L. Other Conditions 8
Special Provisions 10
Signatories 11
ANNEX
Attachment#1-- Definitions A-1-1
CSFS#109
Rev. 1/03
AGREEMENT
for
COOPERATIVE WILDFIRE PROTECTION
This Agreement is made by and between Weld County, Colorado acting through the Board of
County Commissioners and the County Sheriff of said County, hereinafter referred to as the
County, and the Board of Governors of the Colorado State University System, acting through the
Colorado State Forest Service of Colorado State University, hereinafter referred to as the State.
A. AUTHORITIES:
County:
1. 1973 C.R.S. as amended:
23-30-305 Cooperation by counties
30-10-512 Sheriff to act as fire warden
30-10-513 Sheriff in charge
30-11-107(o) Powers of the Board
30-28-136 Planning referral and review
State:
1. 1973 C.R.S. as amended:
23-30-202 Powers and duties of State Board of Agriculture
23-30-203 Cooperation with governmental units
23-30-204 Forest fires sheriff to report
23-30-301 Legislative declaration
23-30-304 State responsibility
23-30-307 Limitation of state responsibility
23-30-308 Emergencies
2. 42 U.S.C. 5187. Federal Disaster Relief Act, Section 417 of 1974
(P.L. 93-288).
3. 16 U.S.C. 2101-2111. Cooperative Forestry Assistance Act of 1978
(P.L. 95-313)
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B. PURPOSE:
WITNESSETH:
WHEREAS, the County is responsible for controlling and extinguishing wildfires
in the County, and
WHEREAS, the County is authorized to cooperate in the organizing, training, and
equipping of rural firefighting groups and is responsible for controlling and extinguishing
wildfires, and
WHEREAS, the State has responsibility to provide for protection from wildfires,
assist and aid the County in extinguishing fires, and may assume County fire control
duties with concurrence of the Sheriff, and
WHEREAS, the State may maintain or have access to additional specialized
wildfire expertise and suppression resources, and
WHEREAS, it is to the mutual advantage of the County and State to work closely
together to build and maintain effective wildfire defenses without duplication, and to
coordinate efforts with federal cooperators, and
WHEREAS, the County and State desire to define their roles, responsibilities, and
relationships to achieve the most effective protection of forested, prairie, and or brush-
covered watershed lands, and
WHEREAS, it is desirable for County and State resources to be able to assist in
suppressing wildfires on federal lands, and for federal resources to assist in the
suppression of wildfires on state, county, and private lands which the County and State
are committed to protect, and
WHEREAS, the State is able to expedite the coordination of County-State-
Federal wildfire protection efforts.
NOW, THEREFORE, in consideration of the above premises, the County and the
State agree as follows:
C. DEFINITIONS:
1. Definitions of special terms used in this Agreement are shown in Attachment 1 which
is part of this Agreement.
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D. PLANNING
1. Annually, prior to the initiation of wildfire season, representatives of the County,
State, Federal agencies, and other deemed necessary shall jointly prepare, review, update,
and distribute the Annual Fire Operating Plan. The State will arrange the date and
location for the first meeting each year. The plan shall be approved, dated, and signed by
authorized agency representatives of the County, State and other applicable cooperators,
by no later that May Is`, and shall be considered a part of this Agreement as
Attachment 2.
2. The County and the State will maintain a working relationship to assure that long
range planning, training, and equipment needs are adequately addressed.
E. ORGANIZING, EQUIPPING, AND TRAINING:
1. The County will:
a. Cooperate in the organizing, training, equipping, and maintaining of wildland
firefighting forces in the county.
b. Reimburse the State for State costs of equipment ordered by the County with
the exception of State fire engines assigned in the county by the State as specified
in such Cooperative Service Agreements.
2. The State will:
a. Assist the County in the organizing and training of County and cooperator
forces to detect, contain, and extinguish wildfires at no charge.
b. Assist the County in the procurement, inspection, and arrangements for
maintenance of major wildfire equipment items at previously agreed upon costs.
c. Make wildfire tools and small equipment available to the County and
cooperators at STATE cost.
d. Extend the benefits of state cooperative wildfire program assistance to the
County to the extent of available funds and/or excess personal property, provided
that in no case shall any direct federal financial assistance exceed one-half the
total expenditures of the County during the period for which assistance is given.
3. The County and State District Forester will mutually agree upon the locations of any
State wildfire equipment prior to its assignment or reassignment in the county.
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F. WILDFIRE PREVENTION:
1. The County will:
a. Confer with the State Forest Service about the need for fire restrictions and
upon determination for that need, recommended to the Board of County
Commissioners the need for an appropriate County Resolution.
b. Participate, as outlined in the Annual Fire Operating Plan and County
resolution, to the extent of available resources, with cooperators in unified law
enforcement efforts to enforce any burning restrictions or public movement
because of extreme fire danger.
c. Will use the Interagency Fire Restriction and Fire Closure Guidelines in
determining the need for fire restrictions.
d. Send plats of proposed developments in rural areas to the applicable State
district office for review and comment about the development's wildfire hazards
and protection needs.
2. The State will:
a. Confer with the County about the need for fire restrictions, and upon
determining the need for restrictions on open burning and/or public movements,
recommend to the Board for County Commissioners and the County Sheriff the
imposing or lifting of restrictions for burning and/or public movement.
b. Provide prevention efforts and available state materials on hand at no cost to
the County. Provide additionally requested materials at State cost to the County
and cooperators.
c. Review proposed development plats received from the County for wildfire
hazards and protection needs, and provide written comments about such to the
County.
3. Both the County and State will coordinate public fire prevention messages provided to
the mass media as outlined in the Annual Fire Operating Plan.
G. WILDFIRE DETECTION/NOTIFICATION:
1. The County Sheriff, or designee shown in the Annual Fire Operating Plan, will accept
all notifications of possible wildfires and immediately inform appropriate authorities of
same or dispatch forces to verify the existence of wildfire and/or to suppress wildfires.
2. The State will immediately forward all notifications it receives of possible wildfires to
the County Sheriff, or designee shown in the Annual Fire Operating Plan, for action.
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H. WILDFIRE SUPPRESSION:
1. The County will:
a. Upon receiving notice of wildfire in the county from any source, notify the
appropriate agencies or dispatch necessary initial attack forces available within
the county to suppress the incident as outlined in the Annual Fire Operating Plan.
b. Make, ensure and/or supervise initial attack resources on wildfires on lands of
its jurisdictional responsibility, including any state or federal lands as shown on
maps which are a part of the Annual Fire Operating Plan.
c. Notify the State as soon as practical of the existence of uncontrolled wildfires
within the County, according to the Annual Fire Operating Plan.
d. Have the County Sheriff, or his designated representative, assume the
command of all nonfederal wildfire incidents outside incorporated areas of the
County as outlined in the Annual Fire Operating Plan.
e. Establish and/or participate in unified command post operations on wildfires
within the County as outlined in the Annual Fire Operating Plan. County
participating agencies are outlined in the Annual Fire Operating Plan.
f. Request needed wildfire suppression assistance according to the Annual Fire
Operating Plan.
2. The State will:
a. Maintain knowledge about locations and availability of state and federal
wildfire suppression resources for use by the County.
b. In exercise of reasonable discretion and available funds, respond to all requests
from the County for state or federal wildfire suppression assistance, and aid,
support and assist the County in its suppression efforts as necessary.
c. Implement State cooperative service agreements in the county under terms of
such cooperative service agreements.
3. Both the County and the State will take aggressive actions to suppress all wildfires
occurring within the county, including boundary fires, as outlined by the Annual Fire
Operating Plan and appropriate land management agency policies. Both parties agree
that the intent and primary concern of Section H is the extinguishing of wildfires, and
neither party will delay extinguishments efforts while deciding ultimate responsibility for
such fires.
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I. REPORTS:
1. The County will:
a. Maintain records for a period of at least two years of wildfire incidents
occurring within the county on state and private lands outside incorporated areas.
b. Report to the State on forms provided by the State wildfire statistical and
expenditure information, or make wildfire suppression information and records
available to the State during normal business hours.
2. The State will:
a. Provide needed reporting forms to the County and cooperators for recording
and transmitting statistical wildfire information.
b. Maintain statewide records of wildfire statistics and disseminate the totals.
J. PRESCRIBED BURNING:
1. The County will endeavor to stay informed about all prescribed burning being
conducted in rural areas of the county.
2. Each party will notify the other in advance, as outlined in the Annual Fire Operating
Plan, the locations and times of prescribed burns it plans to ignite in the county and will,
to the extent practical, cooperate with the other party in the scheduling and ignition of
prescribed burns.
3. If one of the parties to this agreement is executing or directing the prescribed burning,
that party is the financially responsible party for controlling any escape of the fire.
4. First initial attack on prescribed burning escapes will be made by forces doing the
burning. They will also immediately notify the County Sheriff or designate outlined in
the Annual Operating Plan of such escape and actions. The sheriff will proceed with fire
suppression measures as outlined in the Annual Fire Operating Plan.
5. Either party or its cooperators may take appropriate but coordinated suppression
action when lands under its protection jurisdiction are involved in or threatened by the
escaped fire. Such suppression action may either be taken on the agency's own initiative
or at the request of the responsible party. Either party may respond at the request of the
responsible party when it jurisdictional lands are not involved in or threatened by the fire.
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K. PAYMENT:
Except as outlined in paragraph 3 of section J above, payment of the cost of suppressing and
extinguishing wildfire will be as follows:
1. The County will:
a. Be responsible for paying all fire suppression costs as outlined in the Annual
Fire Operating Plan.
b. Not request or expect reimbursement from the Colorado State Forest Service
for any expenses incurred by the County or cooperators for wildfire suppression
on state, county, or private lands, unless provided by a cooperative service
agreement between Colorado State Forest Service and the County, or provided by
appropriation to the Colorado State Forest Service.
c. Aggregate all county and local cooperator reimbursable expenses incurred to
suppress fires on federal-responsibility lands, as outlined in the Annual Fire
Operating Plan, and invoice the State for reimbursement of federal funds. Offset
and/or reciprocal fire protection service expenses will be excluded. The County
agrees to consolidate all such expenses and supporting documentation by incident.
d. Upon receipt of State invoice, reimburse the State for all its valid non-salary
fire suppression expenses incurred by the State at County request and all
reimbursable fire suppression expenses paid by the State to federal cooperators
for their requested assistance to the County.
2. The State will:
a. Be responsible for paying all State salaries expended in suppressing County-
responsibility fires.
b. Not request or expect reimbursement from the County for costs of State
salaries expended in suppressing County-responsibility fires.
c. Aggregate all non-salaried expenses incurred by the State and all reimbursable
payments made by the State to the federal government for suppressing County-
responsibility incidents, as outline in the Annual Fire Operating Plan, and invoice
the County for reimbursement. Offset and/or reciprocal fire protection service
expenses will be excluded. The State agrees to consolidate all such expenses and
supporting documentation by incident.
d. Upon receipt of County invoice, reimburse the County for all actual and valid
County and local fire expenses incurred while suppressing federal-responsibility
fires as outlined in the Annual Fire Operating Plan. Provided, however, that the
obligation of the State under this section shall be contingent upon the State
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obtaining full reimbursement of all amounts paid to County from the responsible
state or federal agency. The State may advance payments to County pursuant to
this section if sufficient funds have been appropriated and budgeted by the State
to make such payments, such advance payments being made expressly upon the
condition that County shall refund to State all or any portion of such advance
payments if State is unable, in the exercise of reasonable diligence, to obtain
reimbursement from the responsible agency within 180 days after payment to the
County is made.
e. Process all County and State reimbursement request for federal disaster fires,
and transmit to the County its share of any funds made available for
reimbursement of disaster fire costs.
3. The terms of any special cooperative service agreement, such as the Emergency Fire
Fund contract, in effect at the time of an incident will be used to offset or reduce State or
County expenses before any request for reimbursement is made.
4. Requests for reimbursements and notices to be given under this agreement shall be
made to :
County:
Kim Fliethman, Manager
Weld County Sheriffs Office
1950 "O" Street
Greeley, CO 80631
State: Colorado State Forest Service
Colorado State University
203 Forestry Building
Fort Collins, CO 80523-5060
L. OTHER CONDITIONS:
1. This agreement is the current basic wildfire protection agreement between the county
and the State. It serves as the foundation for other special cooperative fire agreements or
cooperative service agreements between the County and the State.
2. This agreement provides the link to County-State-Federal cooperation for wildfire
protection as outlined in current cooperative fire agreements between the State and the
various agencies of the federal government.
3. Both parties will mutually seek ways to continue and improve wildfire protection
capabilities within the county through new programs, cooperative service agreements,
and other cooperative activities.
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4. The parties will work to adapt and use the National Interagency Incident Management
System's Incident Command System (ICS) to manage wildfire suppression operations by
state and county forces. Both parties will encourage and promote implementation of ICS
by cooperators.
5. This agreement does not commit or obligate either party regarding vehicular or
structural fires. However, this agreement shall apply to such fires during conflagrations
which also involve wild or rural lands.
6. Both Parties will abide by contractual regulations of the State Controller shown as
Special Provisions. For the purpose of this Agreement for Cooperative Wildfire
Protection; references in Special Provisions to contract will mean agreement, and
references in Special Provisions to contractor will mean cooperator or County. As to any
conflict between this agreement and Special Provisions, term of Special Provisions will
prevail.
7. This agreement and its amendments may be terminated by either party upon at least 60
calendar days written notice to the other party.
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SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for
that purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
Indemnity: To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the
University and the State of Colorado against any and all claims, damages, liability and court awards including
costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor,or its employees,
agents,subcontractors, or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental
Immunity Act, Section 24-10-101 et seq. C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as
applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE
NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,
LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND
KEEP IN FORCE WORKERS'COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE
STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE
SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
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 contract. Any provision of this contract, whether or not
incorporated herein by reference,which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws,rules, and regulations shall be considered null and void. Nothing contained
in any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal
and state laws, rules,and regulations that have been or may hereafter be established.
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7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or
beneficial interest whatsoever in the service or property described herein.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
This agreement shall become effective on the last date signed below.
BOARD OF COMMISSIONERS OF
WELDD COUNTY, COLORADO
By l �� ' 03 08 2004
�,�Roobbeert ^�iChair Date
ATTE� �ya���'v"
. _ 1861- f/ 1p t` . . m%
t +��c
County Clerk
(SEAL)
CO S SHERIFF OF
WELD OUNTY, COLORADO
By 3 - 01
Sheriff Date
STA E F COLORADO:
BILL ENS, GOVERNOR
BO OF GOVERNORS OF THE COLORADO STATE
UNIVERSITY SYSTEM
COLORADO STET FORE SE CE
By
State Forester Date
LEGAL SUFFICIENCY:
Ken Salazar
Attorney G ral, Stat of Irado
By:
obert Schur
University Contracts Manager
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ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin
performance until the contract is signed and dated below. If performance begins prior to the date below,the State of
Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
ARTHUR LL.. BARNHART
B L.-s9e _t re./474,41J
Y
Date �/3O /0`f
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ATTACHMENT 1
DEFINITIONS FOR
COOPERATIVE WILDIRE PROTECTION
1. Annual Fire Operating Plan. An annually updated document which may include the
following:
a. Maps showing boundaries delineating federal, state, county, and local areas of
responsibility under this Agreement and whether each area is to be treated as offset,
reciprocal, or reimbursable.
b. Mobilization Plan, an annually updated portion which contains:
i. Information on wildfire protection organizations, names of contact persons, and
telephone numbers.
ii. Wildfire suppression manpower, equipment, and facilities, which are available
for cooperative use, subject to each agency's procedures and regulations.
c. Each agency's plans and procedures for:
i. Issuing burning permits.
ii. Initiating, effecting, and discontinuing burning restrictions or public
movements during extreme fire dangers.
iii. Maintenance of roads, trails, communications, and other fire suppression
facilities.
iv. Wildfire prevention efforts, assignments, and coordination of such efforts.
v. Law enforcement actions.
vi. Fire investigation and incident final reports.
d. Details of reimbursable and non-reimbursable costs and services, including provisions
and rates for overhead costs, if any.
e. Details about fire suppression air operations including ordering, use, costs, and
payment.
f. Wildfire attack dispatch plans and standards.
g. Schedules for manning, inspections, shutdowns.
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h. Wildfire detection procedures, standards.
i. Repair and maintenance schedules and costs of facilities operated for joint need/use.
j. Fire danger monitoring and information dissemination.
k. Details and procedures for out-of-county suppression assignments for local and county
personnel (payrolling, rates, qualifications, equipment, and personal gear, etc.)
1. Procedures for resolution of disputes.
m. Definitions of additional terms not included in this Agreement.
n. Designation of authorized agency representatives.
o. Plan approvals of authorized agency representatives.
2. Boundary Fire. Fire burning upon adjoining lands of two or more fire jurisdictions, or which
threatens to burn across such boundaries. It also includes situations where the actual boundary is
uncertain.
3. Incident Command System. The common emergency incident management system used in
Colorado on any incident and tailor to fit the specific management needs of each incident.
4. Cooperative Service Agreement. Specific wildfire protection services or items furnished by
one party to the other with costs, details, and dates specified in a separate agreement.
5. Cooperator. Organized fire control forces of other agencies, paid or volunteer, public or
private, at the local, municipal, state, or federal level.
6. County. Employees, elected officials, and appointed officers of the county to this Agreement.
7. Fire. Except when stated otherwise, this is the same as"wildfire".
8. First Period. The period of wildfire suppression from the time of dispatch of initial attack
forces to the incident and ending at an agreed time later as described in the Annual Fire
Operating Plan.
9. Federal Agencies. U.S. Forest Service, Bureau of Land Management, National Park Service,
Bureau of Indian Affairs, military, and/or other agencies of the federal government which have
wildfire protection responsibilities for lands they administer within the county.
10. Incident. An occurrence or event, either human-caused or natural phenomena, which
requires action by emergency service personnel to prevent or minimize potential loss of life or
damage to property and/or natural resources. Also includes false alarms for such events.
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11. Initial Attack Forces. Wildfire suppression personnel and equipment (air and/or ground) of
agencies that are initially dispatched to an incident in accordance with pre-existing dispatch
plans/procedures.
12. Offset Fire Protection. An exchange of protection area or services so that one set of actions
balances another between two wildfire protection agencies. Sometimes referred to as Exchange
Zones.
13. Overhead Costs. Costs not directly chargeable to specific incident suppression efforts but
which are part of the overall cost of operation as applicable to services provided under this
Agreement.
14. Prescribed Burn. A fire intentionally set and/or allowed to burn in wildland fuels consistent
with previously determined and approved managerial and environmental constraints to meet
specified land management objectives.
15. Reciprocal Fire Protection Services. Wildfire protection assistance extended by one agency
to the lands of another agency at no charge, as each may be able to furnish. These lands are
described and shown in the Annual Fire Operating Plan. Sometimes referred to as Mutual Aid.
16. Reimbursable. Wildfire protection efforts furnished as a chargeable cooperative service as
shown in the annual Fire Operating Plan, or additional personnel and equipment which exceed
reciprocal fire protection services which are furnished by one agency at the request of another
agency.
17. Resources. All personnel and items of equipment available for assignment to incident tasks
and about which their status is maintained.
18. State. Refers to the Colorado State Forest Service, a statutory entity governed by the State
Board of Agriculture. Unless otherwise defined, State refers only to this agency.
19. Wildfire. Uncontrolled fire burning in forest, prairie, brush, or cropland fuels, or
conflagrations involving such fuels and structures.
A-1-3
United States Forest Arapaho and 240 West Prospect Road
Department of Service Roosevelt NF's Pawnee Fort Collins,CO
NG 80526-2098
Agriculture
File Code: 1580
Date: ApR 2004
2 1
JOHN COOKE, SHERIFF
WELD COUNTY
910 10TH STREET
GREELEY CO 80631
Re: FY04 Financial and Operating Plan to Law Enforcement Agreement Number
02-LE-11021006-016
Dear Sheriff Cooke:
( ) Enclosed are three original-signature copies of the referenced Agreement and Financial
and Operating Plan for your review and acceptance. If this agreement is acceptable to
you, please sign all copies and return them all to me at the letterhead address. Once I
have obtained Dale McCormick's signature, I will return a fully executed copy to you.
(x ) The enclosed subject material is your fully signed copy. A copy of the material has been
retained for our records.
( ) The enclosed subject material has been reviewed and approved by the cognizant Forest
Service officials. Please return one fully executed copy to me at the letterhead address.
I can be contacted at 970/498-1172 or by fax at 970/498-1396 if you have any questions
regarding this matter.
faze
DEBRA L. JENSEN
Grants & Agreements Specialist
Enclosures 11:_ ar
cc:
Arevalos
Currey
Fiscal
Caring for the Land and Serving People Primed on Recycled Paper N
FS Agreement No. 02-LE-11021006-016,
Modification 5
Cooperator Tax ID No.
Cooperator Agreement No.
EXHIBIT A
AMENDMENT TO
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between the
WELD COUNTY SHERIFF'S DEPARTMENT
And the
U.S.DEPARTMENT OF AGRICULTURE,FOREST SERVICE
ARAPAHO &ROOSEVELT NATIONAL FORESTS& PAWNEE NATIONAL GRASSLAND
2004 FINANCIAL AND OPERATING PLAN
This Annual Financial and Operating Plan(Operating Plan), is hereby made and entered into by and
between the Weld County Sheriff's Department, hereinafter referred to as the Cooperator, and the United
States Department of Agriculture, Pawnee National Grassland, hereinafter referred to as the Forest
Service, under the provisions of Cooperative Law Enforcement Agreement#02-LE-11021006-016
executed on May 16, 2002. This Operating Plan is made and agreed to as of the last date signed below
and is for the period beginning October 1,2003 and ending September 30, 2004.
I. GENERAL:
A. The following individuals shall be the designated and alternate representative(s) of each party, so
designated,to make or receive requests for special enforcement activities:
Designated Representatives:
Forest Service Representative Cooperator Representative
Steve Currey Ed Jordan
District Ranger Sheriff
Pawnee National Grassland Weld County Sheriff's Department
660"O" Street 910 10`h Street
Greeley, Co. 80631 Greeley, Co. 80631
Phone: 970-353-5004 Phone: 970-356-4015
FAX: 970-346-5014 FAX:
E-Mail:scurrey@fs.fed.us E-Mail:
Alternate Representatives:
Forest Service Representative Cooperator Representative
Lenora Arevalos Hank Rush
Law Enforcement Officer Deputy Sheriff
Canyon Lakes Ranger District Weld County Sheriffs Department
1311 S. College Ave. 910 10th Street
Fort Collins,Co 80524 Greeley, Co. 80631
Phone: 970-498-1360 Phone: 970-539-3906
FAX: 970-498-2727 FAX:
E-Mail: larevalos@fs.fed.us E-Mail:
Page 1
FS Agreement No. 02-LE-11021006-016,
Modification 5
Cooperator Tax ID No.
Cooperator Agreement No.
B. Reimbursement for all types of enforcement activities shall be at the following rates unless
specifically stated otherwise:
$0/mile patrolled
Per diem rate is$0/day
Wages at the prevailing rate of$35.00/hour.
H. PATROL ACTIVITIES:
A. Officers will patrol in 3-hour increments during the times and days listed. Time schedules for
patrols will be flexible to allow for emergencies, other priorities, and day to day needs of both the
Cooperator and the Forest Service.
B. Ample time will be spent in each area to make residents and visitors aware that law enforcement
officers are in the vicinity. Officers will make complete proactive patrols/contacts where they focus
specifically on educating visitors about recreational target shooting and off-road vehicle regulations
on the Pawnee National Grassland.
Patrol the loop described below(Also see map, "Exhibit B")
From Highway 14,
1)County Road 57 north to County Road 96
2)County Road 96 east to County Road 59
Take Forest Road 59 south about 1/3 mile to the end of the road(popular shooting area)
3)Return to County Road 96 and continue east to County Road 61
Take County Road 61 south for one mile
4)Return to County Road 96 and continue east to County Road 63
Take County Road 63 north for one mile
5)Return to County Road 96 and continue east for about 1 mile to the two-track road on the south
side of County Road 96
Take the two-track road to the south for about one mile
6)Return to County Road 96 and continue east to County Road 69
7)County Road 69 north for one mile to County Road 98
Take County Road 98 west for about 1/2 mile to the trees
8) Return to County Road 69 and continue north to County Road 104
9)County Road 104 west to County Road 57
10) County Road 57 south to starting point at Highway 14.
Total reimbursement for this category shall not exceed the amount of: $4.167.00
III. TRAINING:
See Cooperative Law Enforcement Agreement Provision IV-J for additional information.
Total reimbursement for this category shall not exceed the amount of: $0
IV. EQUIPMENT:
See Cooperative Law Enforcement Agreement Provisions IV-J, IV-K and IV-L for additional
information.
Page 2
FS Agreement No. 02-LE-11021006-016,
Modification 5
Cooperator Tax ID No.
Cooperator Agreement No.
Total reimbursement for this category shall not exceed the amount of: $0
V. SPECIAL ENFORCEMENT SITUATIONS:
A. Special Enforcement Situations includes but is not limited to: Fire Emergencies,Drug
Enforcement, and certain Group Gatherings.
B. Funds available for special enforcement situations vary greatly from year to year and must be
specifically requested and approved prior to any reimbursement being authorized. Requests for funds
should be made to the Forest Service designated representative listed in Item I-A of this Operating
Plan. The designated representative will then notify the Cooperator whether funds will be authorized
for reimbursement. If funds are authorized,the parties will then jointly prepare a revised Operating
Plan.
1. Drug Enforcement
2. Fire Emergency
3. Group Gatherings
This includes but is not limited to situations which are normally unanticipated or which typically
include very short notice, large group gatherings such as rock concerts, demonstrations,and
organizational rendezvous.
VI. BILLING FREQUENCY:
See Cooperative Law Enforcement Agreement Provisions II-I and 111-B for additional information.
Reimburse Weld County on receipt of satisfactory statements of expenditures on a quarterly basis
beginning APRIL, 2004.
Send the original invoice to:
Lenora Arevalos
Law Enforcement Officer
Canyon Lakes Ranger District
1311 S. College Ave.
Fort Collins, CO 80524
VII. FORM FS-5300-5, COOPERATIVE LAW ENFORCEMENT ACTIVITY REPORT:
See Cooperative Law Enforcement Agreement Provision II-G for additional information.
Complete and furnish the Forest Service with Form FS-5300-5,to be included with the final invoice and
received no later than October 31, 2004. A blank copy of Form FS-5300-5 is included in the Operating
Plan as EXHIBIT C.
Page 3
FS Agreement No. 02-LE-11021006-016,
Modification 5
Cooperator Tax ID No.
Cooperator Agreement No.
In witness whereof,the parties hereto have executed this Operating Plan as of the last date written below.
/SU- 3- v
�bx.,,�60 et z. DATE AMES S. BEDWELL DATE
heriff (AO,
orest Supervisor
LD COUNTY SHERIFF'S (AO,. USDA FOREST SERVICE
WILLIAM C. FOX DATE
Special Agent in Charge,Region 2
USDA FOREST SERVICE
The authority and format of this instrument
has been reviewed and approved for
signature. {�
Jt by I4RRY`" 3/D ti
Agreements Coordinator
Job Code—NFLE02 (1360) $4,167.00
Page 4
EXHIBIT B
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Exhibit C
USDA LAW ENFORCEMENT ACTIVITY Agreement Number
Forest Service REPORT 02-LE-11021006-016
1.Cooperator(Department Name): 2. National Forest:
3.Record(1) 4. Action Code(2) 5. Unit Identification 3-11) 6.Date(12-5)
(FS Use Only)U-Update Region Forest State County Month Year
7.Patrol Units(16-18) 8. Search and Rescue Missions 9. Property Stolen(25-30)
Hours(19-22) No. (23-24) Dollars
10. Property Recovered(31-36) 11. Controlled Substances Seized(37-45)
Dollars Dollars(Street Value)
12.Record(I) 13.Number of Crimes Occurring on National Forest System Lands
13c. 13d.
13a. Coop Agreement Non-Coop
Item# 13b. Reimbursed Activity Agreement
(16.17) TypeofCrime (18-20) Activities
(21-23)
PART I-FBI UNIFORM CRIME REPORTING
01 Criminal Homicide
02 Forcible Rape
03 Robbery
04 Aggravated Assault
05 Burglary-Breaking or Entering
06 Larceny-Theft(Except Motor Vehicle)
07 Motor Vehicle-Theft
08 Arson
PART II-FBI UNIFORM CRIME REPORTING
09 Other Assaults(simple)
10 Stolen Property by Buying,Receiving,
Possessing
11 Vandalism
12 Weapons-Carry,Possessing
13 Narcotic Drug Law
14 Driving Under the Influence
15 Liquor Laws
16 Drunkenness
17 Disorderly Conduct
18 All Other Offenses
PART III-COOPERATOR ASSISTS
19 Assists to Forest Service Officers
20 Assists to Public
Remarks:
NOTE: This document is for OFFICIAL USE ONLY. It and its contents are not to be distributed outside your agency,nor duplicated,without prior approval of
the USDA,Forest Service,Law Enforcement and Investigations.
Previous editions are obsolete FS-5300-5(05/03)
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