HomeMy WebLinkAbout940176.tiff RESOLUTION
RE: APPROVE EQUIPMENT AGREEMENT AMONG COLORADO STATE FOREST SERVICE, PAWNEE
FIRE PROTECTION DISTRICT, AND SHERIFF AND AUTHORIZE CHAIRMAN 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
Colorado State Forest Service, the Pawnee Fire Protection District, the Sheriff
of Weld County, and the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, with the 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 Colorado State Forest
Service, the Pawnee Fire Protection District, the Sheriff of Weld County, and the
County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 14th day of February, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ildeiMen
ATTEST: WELD COUNTY,/COLORADO
Weld County Clerk to the Board IL ,/ talk
W. H. Webster, hairman /
BY:
Deputy akilerk to the Board Da K. Hall, P 'f em
APPROVE AS TO FORM: .ev.�,/ . /Le,
Geo3 E. Baxter
ounty Att ney Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
940176
<kC C pi:p` iii Tr
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
EQUIPMENT AGREEMENT
Between
Colorado State Forest Service
and
Pawnee Fire Protection District
This Agreement, effective as of December 15, 1993 , 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 Pawnee 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
,SD( 4// 9yf /;r2/.
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
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
WHEREAS, it is the duty of the Sheriff, undersheriffs and
deputies under C.R.S. Section 30-10-513 to assume charge or to
assist other governmental authorities in such emergencies for
controlling and extinguishing forest or prairie fires and for
assisting in so doing they may call to their aid such persons as
they may deem necessary, and
WHEREAS, by entering into this Agreement, the
District/Sheriff/County receives benefit of additional fire
equipment for emergency use within Weld County, and
WHEREAS, the County has the authority under C.R.S. , Section
30-11-107 (1) (O) to cooperate with the state forester in
organizing and training rural fire fighting groups, payment for
the operation and maintenance of fire fighting equipment, and
sharing costs of fire suppression efforts.
NOW THEREFORE, in consideration of the mutual covenants
hereinafter set forth the parties agree as follows:
I. The State Forest Service agrees to:
9C0176
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
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 .
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-P.
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. 62-2 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.
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No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
E. Provide proper licensing of vehicular items acquired
under this Agreement.
F. 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.
G. Whenever possible, as mutually agreed, make the
equipment acquired under this Agreement available to
the State Forest Service for other fire-related uses.
H. Make no changes, additions, or deletions to the
equipment without prior written approval of the State
Forest Service.
I. Return the equipment listed as Item 1 of Appendix A to
the State Forest Service at its request.
J. 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
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
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 any
of their officials or employees are entitled under
Colorado Governmental Immunity Act, as amended.
K. The State Forest Service does not warrant the equipment
for local maintenance required under Appendix B,
Section II.
L. 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-F and II-G.
When loaned to the State Forest Service under
94,0176
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
paragraphs II-F and II-G, they will return the
equipment in the same condition as when loaned.
M. Pay the State Forest Service for Items 2 , 3, and 4 of
Appendix A if acquired from or through the State Forest
Service.
N. 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.
O. 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.
P. 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.
0A 11A 4n
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
Q. 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.
R. 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
the provision of year-round housing (II-B) and payment
of annual maintenance fee (II-P) . 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.
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No. 62-2 CSFS /123
Fire Protection District
(Rev. 4/89)
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.
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-I.
F. To adhere to the provisions of Appendix C.
9C0176
No. 62-2 CSFS #123
Fire Protection District
(Rev. 4/89)
G. This Agreement is not intended to create any cause of
action with respect to any person(s) not a party to
this Agreement, nor is this Agreement intended as a
waiver of any privileges or immunities held by the
signatories to this Agreement or their officers or
employees.
9C0176
No. 62-2 CSFS 1123
Fire Protection District
(Rev. 4/89)
COUNTY SHERIFF of Weld County, Colorado
By GodR (; >
Coin Sheriff
Byi )1412,1v".._ By G�'vr,+/^/�_ Zcse -
Fire Protection Board Fire Chief
BOARD OF COUNTY COMMISSIONERS of Weld County, Colorado
�Attestka4ein Chair )/ �_ /J/ '�Ji` y11 !1 41 I V -1
By
Deputy ler to Boar
Weld County Clerk to Board
Title
COLORADO STATE FOREST SERVICE
By
State Forester
9C0176
No. 62-2 CSFS #123-Al
Fire Protection District
(Rev. 4/89)
APPENDIX A: EOUIPMENT
The following equipment is hereby designated as fulfilling the
requirements of the Equipment Agreement between Colorado State Forest
Service and Pawnee Fire Protection District, dated December 15, 1993.
Type of Equipment:
Item
1. Loadstar, 4x2, 3 ton, 1974
Serial Number 1067DHA14195
Color - Yellow
Pump - Western 1428X
Hose reel, tank and tool box attached
2 . Hose: 500 feet of single jacket cotton or cotton synthetic
rubber lined 1-1/2"
100 feet of linen or cotton synthetic lined 1"
200 feet of 3/4" ID and 1" OD, high pressure rubber
28 feet of 2-1/2" suction
3 . Tool Cache:
4 shovels 3 canteens (2 . 2 qt. , 1:4 qt. )
2 pulaskis w/sheath 1 axe w/sheath
5 hard hats or helmets 1 rubber 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, 2-1/2"
1 Reducer, 1-1/2" x 1"
2 Adapter 1-1/2", F-NSTxM-IPT, and M-NSTxF-IPT
1 Wye, gated 1-1/2" x 1-1/2" x 1-1/2"
1 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"x 12" and 5/16"x 6" , flat top
1 Hammer, ball peen
1 5-gallon gas can and spout
3 Batteries, 12 volt
9c01:6
No. 62-2 CSFS #123-B
Fire Protection District
(Rev. 5/89)
APPENDIX B: MAINTENANCE
Equipment Agreement between Colorado State Forest Service and
Pawnee Fire Protection District, dated December 15, 1993 .
I. 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 Sheriff/Department 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.
9401:6
No. 62-2 CSFS #123-C
Fire Protection District
(Rev. 5/89)
APPENDIX C: MISCELLANEOUS
Equipment Agreement between Colorado State Forest Service and
Pawnee Fire Protection District, dated December 15, 1993 .
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.
940176
11
ft a i
OFFICE OF COUNTY ATTORNEY
,
6;• \ PHONE(303)3564000 EXT. 4391
P.O. BOX 1948
GREELEY,COLORADO 80632
r
' O
COLORADO
August 6 , 1992
Raymond L. Mehaffey
Colorado State Forest Service
Colorado State University
Foothills Campus
Fort Collins , CO 80523
RE : Fire Protection
Agreements
Dear Ray:
The Weld County Sheriff and Board of County Commissioners has
reviewed the proposed equipment agreement between the Colorado
State Forest Service and Pawnee Fire Protection District in Weld
County as well as the 1969 agreement and the form that you have
used for Agreement for Cooperative Wild Fire Protection and would
offer the following comments .
It is the Board and the Sheriff ' s wish to enter into the agreement,
with some modifications, which was proposed between the Colorado
State Forest Service and Pawnee Fire Protection District in Weld
County. The County recognizes that the 1969 agreement may arguably
still be in effect and it would be the intent of the Board to
exercise its authority to cancel the 1969 agreement whether or not
an agreement can be reached with respect to the latest proposed
agree which was drafted with an effective date of April 15 , 1992 .
The County is not interested in pursuing the Cooperative Wild Fire
Protection agreement at this time .
My specific concern with respect to the April 15 , 1992, proposed
agreement is in the third "WHEREAS" clause. The statute cited, 30-
10-512 , does not place a duty upon the Sheriff to control forest
fires as the proposal states . Rather, it states that the Sheriff ' s
duty is to "assume charge" of forest or prairie fires or assist
other governmental authorities . I would therefore propose that
that clause read as follows :
WHEREAS, it is the duty of the Sheriff under
C .R. S . , Section 30-10-512 to assume charge or
to assist other governmental authorities in
such emergencies for controlling and
940175
Raymond L. Mehaffey
Page 2
August 6 , 1992
extinguishing forest or prairie fires and for
assisting and so doing they may call to their
aid such persons as may be deemed necessary,
and the County has the authority under C .R. S .
Section 30-11-107 ( 1) (o) , to cooperate with the
State Forester in organizing and training
rural fire fighting groups and funding fire
suppression efforts .
I would also request that an additional paragraph be added which
would read as follows :
This Agreement is not intended to create any
cause of action with respect to any third
party to the Agreement nor is this Agreement
intended as a waiver of any privileges or
immunities held by the signators to this
Agreement or their officers or employees .
Thank you very much for your cooperation with respect to these
agreements . Please advise me prior to August 15th as to whether or
not it may be possible to redraft the April 15th letter as I have
proposed.
Your truly,
�1�. !�'�,
( : Lee D.mi-Morrison
Assistant Weld County Attorney
LDM: rm
pc : Board of Weld County Commissioners
Weld County Sheriff
940176
4601 re: r
WilkTo Ray Mehaffey, District ForesterodLe 2-17-94
COLORADO From Weld County Clerk to the Board of Commissioner1-2
Subject: Equipment Agreement
Enclosed please find five (5) copies of the Equipment Agreement among Pawnee Fire
Protection District, Weld County Sheriff and Colorado State Forest Service. Please
return two (2) fully executed agreements to our office after State Forester signature.
We will forward Weld County Sheriff's copy. Thanks!
940176
Ray Mehaffey
District Forester ')
Fort Collins District
FOREST
SERVICE
Colorado State University
Foothills Campus,Building 1052
Fort Collins,Colorado 80523 !}
Office:(303)491-8660
Home:(303)22&3064
G--eA- //yl v
•
sue-
9401'76
`r mEmORAnDUR1
hiDe of Weld County Board
ro of County Commissioners Date January 11, 1994
COLORADO From Lee D. Morrison. Assistant Weld County Attorney
subject: Fire Protection Agreements
Attached is a proposed agreement with the Colorado State Forest,
the Pawnee Fire District, and County Sheriff and Board of County
Commissioners . The principal purpose is to allow the State
Forester to provide additional fire equipment to Pawnee Fire
District. The Sheriff has certain training and coordination
authorities under state law.
The County is not assuming any obligation under this agreement
unless the Sheriff takes control of fire suppression efforts and
uses the equipment outside the Pawnee Fire District.
I recommend placing this matter on the agenda for approval .
Place on Work
Agenda Session Other
Bill
George d
Connie
Barb
Dale
rrison
As istant Weld County Attorney
LDM/db
pc : Don Warden
Ed Jordan
940176
WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT
4... ‘17..\\ PRONE (303) 3564000, ExT. 4250
P.O. Box 759
\\ GREELEY, COLORADO 80632
C.
COLORADO
TO: Sheriff Ed Jordan
FROM: Ed Herring
rg
DATE: January 25`; 1994
REF: Fire Protection Agreements
In reviewing the fire protection agreement referenced CSFSO123 it appears to me
that the only time that the Weld County Sheriff's Office would be responsible for
the charges referenced in Appendix B, II, would be when The Sheriff's Office
called for the truck for fire fighting outside of the Pawnee Fire Protection
District but within Weld County. This is referenced in section III (A) . There
would be no charges if Pawnee Fire Protection District went outside of their
district to fight a fire on a mutual aid request from another agency. There also
would not be any charges during the year if the Weld County Sheriff's Office did
not request the firetruck.
I reconfirmed these items with Lee Morrison this morning and this is also how he
understands the agreement to read.
If you have any questions please contact me at extension 4250.
Lots v- 5 (G n) eq.
9401 76
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