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HomeMy WebLinkAbout2014 Ordinance No. 023' • • ORDINANCE NO.~ SERIES OF 2014 CONTRACT N04 ~ 9 -2b \L-\ BY AUTHORITY COUNCil.. Bil..L NO. 25 INTRODUCEDBYCOUNCil.. MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT Wl11I THE COLORADO DEPARTMENT OF PUBLIC SAFETY DMSION OF FIRE PREVENTION AND CONTROL REGARDING JOINT STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, wildland fire protection responsibilities on non-federal lands in Colorado follow a hierarchy oflocal jurisdictions (fire protection districts) with the State of Colorado with the Department of Public Safety Division of Fire Prevention and Control (DFPC) being the lead state agency for wildland fire management; and WHEREAS, it is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to the DFPC "or its authorized agent"; and WHEREAS, the chief of the fire department in each Colorado fire protection district is responsible for the management of wildland fires that occur within the district boundaries and that are within the capability of the fire protection district to control or extinguish; and WHEREAS, when wildland fires exceed the capability of the fire department to control or extinguish, the fire chief may transfer responsibility for the fire to the county sheriff with the concurrence of the sheriff; and WHEREAS, when wild.land fires exceed the capability of the county sheriff to control or extinguish, DFPC may assist the sheriff in controlling or extinguishing such fires, and may assume command of such incidents with the concurrence of the sheriff; and WHEREAS, the Director ofDFPC shall detemtlne, in consultation with local authorities and with the approval of the Governor, geographic areas of the state, including Wildland-Urban Interface areas, in which the state has a financial responsibility for managing forest and wild.land fires; and WHEREAS, it is the intent of the Parties that DFPC resources, including engines, and firefighters, be available to assist in fire management activities on lands throughout Colorado and as needed as part of a resource mobilization for fires in other states; and WHEREAS, it is the intent of the Parties that the City resources be available to assist in fire management activities on lands for which DFPC is responsible for protecting, as needed, as part of a resource mobilization for fires; and 1 9 b iii I WHEREAS, it is to the Parties' mutual advantage to coordinate efforts for the prevention, detection, and suppression of wildland fires, fuels management, prescribed fire, non-wildland fire • emergencies (as authorized), and cooperative projects for resource protection in their areas of responsibility, and to limit duplication and improve efficiency and effectiveness; and WHEREAS, the intergovernmental agreement between the Colorado Department of Public Safety Division of Fire Prevention and Control and the City of Englewood is for the joint staffing and operation of a State-owned wildland fire engine; and WHEREAS, the accompanying Memorandum of Understanding (MOU) is designed to provide guidance to all parties involved relating to the expectations of daily operations of the jointly staffed wildland fire engine; and - WHEREAS, the concepts contained in the MOU are the most effective means currently known for rapidly making resources available to fight wilclland fires; and WHEREAS, there is no cost to the City to house the wildland fire engine other than providing garage space for the wildland fire engine and office space for the State wildland firefighter assigned to the vehicle. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the "Intergovernmental Agreement By and Between Colorado Department of Public Safety Division of Fire Prevention and Control and the City of Englewood Regarding Joint Staffing and A Operation of A State Wildland Fire Engine," attached hereto as "Exhibit A". W Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the "Memorandum of Understand By and Between Colorado Department of Public Safety Division of Fire Prevention and Control", attached hereto as "Exhibit B". Section 3. The Englewood City Council hereby authorizes the Englewood Fire Chief to sign the agreement and the Memorandum of Understanding for and on behalf of the City of Englewood, attached as Exhibits A and B . Section 4 The City will be reimbursed by the State of Colorado for temporary staffing and operation. Federal funds may be used to reimburse the State under this agreement. Introduced, read in full, and passed on first reading on the 21 st day of April, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25th day of April, 2014. 2 • • Published as a Bill for an Ordinance on the City's official website beginning on the 23rd day of April, 2014 for thirty (30) days. Read by title and passed on final reading on the 5th day of May, 2014. Published by title in the City's official newspaper as Ordinance No~ Series of 2014, on the 9th day of May, 2014. Published by title on the City's official website beginning on the 7th day of May, 2014 for thirty (30) days. - I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ~tyie copy of the Ordinance passed on final reading and published by title as Ordinance No. 6,?Series of 2014. ..__~·4a 3 INTERGOVERNMENTAL AGREEMENT By and Between COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL And ENGLEWOOD FIRE DEPARTMENT Regarding JOINT STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE THIS INTERGOVERNMENTAL AGREEMENT is entered into by and between the Colorado Department of Public Safety, Division of Fire Prevention and Control ("DFPC") and the Englewood Fire Department ("EFD"). EFD and DFPC are referred to collectively as the "Parties 11 and individually as a 11 Party 11 • PARTIES AND STATUTORY AUTHORITIES EFD is a political subdivision of the State of Colorado and a body corporate with those powers of a public or quasi-municipal corporation which are specifically authorized by, and in compliance with, Section Title 32, Article 1, C.R.S. DFPC is a division of the Department of Public Safety, a principal department of the executive E X H I B + department of state government created pursuant to C.R.S. § 24-1-110 (1) (u) and 24-33.5-103. • Statutory Authorities C.R.S. § 13-21-113.7 Title 24, Article 10, C.R.S. C.R.S. § 24-33.5-1201 (4) C.R.S. § 24-33.5-1203 C.R.S. § 24-33.5-1218 C.R.S. § 24-33.5-1219 Title 29, Article 22.5, C.R.S. C.R.S. § 29-1-201 thru 203 C.R.S. § 30-10-513 and 513.S C.R.S. § 30-11-124 Title 32, Article 1, C.R.S. Firefighter and Incident Management Team Immunity Governmental Immunity Transfer of State Forest Service Authority to DFPC Duties of DFPC DFPC Cooperation with Governmental Units Wild land Fires -Duty of Sheriff to Report Wildland Fire Planning Authority to Enter Into Intergovernmental Agreements Duties of Sheriff Relating to Fires Fire Planning Authority Special District Provisions RECITALS Wildland fire protection responsibilities on non-federal lands in Colorado follow a hierarchy of local jurisdiction (fire protection districts) to the County Sheriff to the State of Colorado with the DFPC being the lead state agency for wildland fire management. It is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to DFPC "or its authorized agent.'' 1 • The chief of the fire department In each fire protection district in the state Is responsible for the management of wildland fires that occur within the boundaries of his or her district and that are within the capability of the fire district to control or extinguish. When wlldland fires exceed the capability of the fire department to control or extinguish, the fire chief may transfer responsibility for the fire to the county sheriff with the concurrence of the sheriff. When wild land fires exceed the capability of the county to control or extinguish, DFPC may assist the sheriff in controlling or extinguishing such fires, and may assume command of such incidents with the concurrence of the sheriff. The Director of DFPC shall determine, in consultation with local authorities and with the approval of the Governor, geographic areas of the state, including wild land-urban interface areas, In which the state has a financial responsibility for managing forest and wildland fires. DFPC is committed to cost-effective and innovative service delivery partnerships for wild land fire suppression within Colorado. It is the intent of the Parties that DFPC resources, including engines and firefighters, be available to assist in fire management activities on lands for which the EFD is responsible for protecting. EFD is committed to provide cost-effective service to its citizens, ls ideally situated to provide regional mutual aid response, and currently has a wild land fire suppression program in place. It is the intent of the Parties that EFD resources be available to assist in fire management activities on lands for which DFPC Is responsible for protecting. It is to the Parties' mutual advantage to coordinate efforts for the prevention, detection, and suppression of wlldland fires, fuels management, prescribed fire, non-wildland fire emergencies (as authorized}, and cooperative projects for resource protection in their areas of responsibility, and to limit duplication and improve efficiency and effectiveness. A joint staffing program will provide a cost-effective means to meet the Parties' respective missions and will be a benefit locally, regionally and statewide through the provision of additionally staffed wlldland fire engine resources. The Parties wish to enter into this Intergovernmental Agreement ("Agreement'') to jointly staff a state-owned wildland fire engine for use locally, regionally and state wide to reduce the impact of wildland fire on the citizens of Colorado. NOW, THEREFORE, in consideration of mutual promises and covenants, the Parties agree as follows: AGREEMENT 1. Term of Agreement. The term of this Agreement shall commence upon execution by all Parties and shall terminate on December 31 of the year in which It is executed. However, the term of this agreement shall be extended automatically for consecutive one-year terms, unless any party notifies the other parties in writing prior to the end of the present term of its intent not to extend the term of this agreement. 2 2. Joint Staffing of State Fire Engine 2.1 The Parties agree to jointly staff one state-owned wlldland fire engine for use locally, regionally and state-wide to reduce the impact of wildland fire on the citizens of Colorado. 2.2 DFPC will provide one state-owned wildland fire engine and associated equipment ("DFPC Engine") and one qualified engine captain (NWCG ENGB qualified} with the possibility of additional DFPC staff if funds are available. If available, EFD will provide one, possibly two NWCG qualified full-time or seasonal firefighters (FFT2 or FFTl) to provide a total staff of three (3) during the fire season. "Fire Season" will be the period between May 1 and October 31 of each year. For purposes of this agreement only, the term "employee(s)" shall mean paid and/or volunteer personnel. Due to the nature of EFD being paid full time employees; both parties understand that full staffing of the DFPC engine may not always be possible. EFD will attempt at all possibilities to provide staffing during peak times of the season if EFD has personnel who are willing to staff the DFPC engine. Staffing levels may change as deemed necessary by the EFD Fire Chief during high fire danger or at the discretion of the EFD Fire Chief due to local conditions within the EFD Boundaries. Other DFPC employees and Cooperators from other departments/agencies may be used to staff the DFPC Engine during these times. The EFO must have signed at least one of the following agreements to staff DFPC engines; Temporary Staffing of DFPC Engines for Wildfire Assignments Agreement, Call When Needed Staffing and Operation of a State Wildland Fire Engine Agreement, or Joint Staffing and Operation of a State Wildland Fire Engine Agreement. 2.3 Except when on assignment, the OFPC Engine and personnel will be housed at EFD facilities and be made available for response. The DFPC Engine an_d crew will be available for response to any incident for which they are trained and equipped, including wildland fire, structural fires, emergency medical situations, hazardous materials, motor vehicle accidents and natural disasters within the boundaries of the EFD and its mutual aid partners. Response is provided on an "as available" basis. 2.4 Personnel will maintain their respective agency identities and will not infer that they are employed by any agency other than their actual employer and will be subject to their respective personnel system laws and rules. 2.5 The Engine Captain or ranking firefighter (In the absence of the Engine Captain} shall maintain operational control of the DFPC Engine and assigned firefighters at an incident In accordance with the Incident Command System (ICS). The Parties commit to adhering to the ICS for the command and control of all resources and personnel. 3. OFPC Engine and Operation 3.1 The DFPC Engine provided to the EFD will be a Type 6 wildland fire engine, which shall be operated and maintained by DFPC at its cost. The DFPC Engine will maintain DFPC logos and markings, but may also have the EFD logo attached as appropriate. The DFPC Engine will be fully equipped by DFPC at no cost to the EFD. 3.2 The Parties will provide appropriate Personal Protective Equipment (PPE} to their respective employees. 3 • 3.3 The Parties agree that their respective personnel may ride, drive, operate, and work on, in, and around each other's vehicles, apparatus, stations and equipment based upon needs and training and pursuant to any applicable laws. All employees of the Parties who will be driving the DFPC Engine shall have a current and valid Colorado Driver's license. 4. Apportionment of Expenses 4.1 For regular day to day operations each Party will cover its own operating expenses, including equipment purchases, vehicle maintenance, salaries and benefits, and office equipment. DFPC will be permitted to occupy and use EFD facilities at no cost, subject to a separate memorandum of understanding concerning such occupancy and use. 4.2 When the DFPC Engine responds to mutual aid incidents, each Party to this Agreement will be responsible for employee costs for its respective employees during the mutual aid period. After which, each Party may bill the requesting agency as outlined In the mutual aid agreement or annual operating plan. 4.3 When EFD personnel are requested for an extended period outside of their District boundaries for the benefit of DFPC, DFPC will provide reimbursement to EFD for employee costs. Payment will follow standard DFPC reimbursement guidelines for lnteragency incident responses. 4.4 Neither Party may encumber the funds of the other Party for any purpose at any time without separate written authorization to do so. 4.5 Each Party's obligations under this Agreement are subject to annual appropriation by its governing body and shall not constitute or give rise to a general obligation or other indebtedness of either Party. 5. Insurance and Liability 5.1 The Parties are each responsible for the acts or omissions of its respective personnel, and any such liability is controlled and limited by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq. ("CGIA") and C.R.S. § 13-21-113.7, as applicable. 5.2 Each Party shall be solely responsible for providing worker's compensation insurance covering Its own employees acting under the provisions of this Agreement, including accidents, injuries and diseases that occur while the employee is acting under the direction of or at the request of the other Party. Each Party will maintain its own liability insurance coverage for all of its real and personal property as required by law. Neither Party will cover the other Party's liabilities or fiduciary responsibilities or workers compensation, unless expressly authorized by a written agreement executed by the Parties. 6. Accident and Incident Reporting and Investigation. If an accident or incident occurs related to this Agreement, all parties shall be notified as soon as practical. The Parties shall initiate a joint investigation of the accident or Incident, as needed. 4 7. Training. During the term of this Agreement, the Parties agree to provide each other's personnel with any training necessary for successfuUy performing the duties and responsibilities related to interagency wildland engine and crew operations. 8. Memorandum of Understanding. A separate Memorandum of Understanding ("MOU") will be governing day-to-day operational issues related to this Agreement will be entered Into by the Parties. The MOU will be the guiding document for the employees participating in the joint engine staffing program and shall include such things as chain of command; authorities; care and maintenance of equipment, facilities, vehicles and apparatus; response procedures and protocols; staffing and scheduling; and other matters. The MOU may be amended by the Parties as needed. In the event of a conflict between this Agreement and the MOU, this Agreement shall control. 9. Amendments. This Agreement may only be amended by a written document executed by the Parties. 10. Severability. If any provision of this Agreement, or the application of such provision to any person, entity or circumstance, shall be held Invalid, the remainder of this Agreement, or the application of such provision to persons, entities, or circumstances other than those In which it is held invalid, shall not be affected thereby. 11. Relationship of Parties. The Parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of this Agreement. Nothing contained in this Agreement and no performance under this Agreement by personnel of a Party shall In any way alter or modify the status of that Party's directors, officers, volunteers, agents, or employees for purposes of workers' compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, orfor any purpose, or other conditions or requirements of employment. 12. Authority. The persons who sign and execute this Agreement represent that they are duly authorized to execute this Agreement on behalf of their Party. 13. Counterpart Signatures. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute full and final execution of this Agreement. s .. • COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL APPROVAL: By: ___________ _ Paul L. Cooke, Director Division of Fire Prevention and Control Date: ___________ _ ENGLEWOOD FIRE DEPARTMENT APPROVAL: By: ____________ _ Andy Marsh, Chief Englewood Fire Department Date: ___________ _ 6 MEMORANDUM OF UNDERSTANDING By and Between COLORADO DIVISION OF PUBLIC SAFElY DIVISION OF FIRE PREVENTION ANO CONTROL And ENGLEWOOD FIRE DEPARTMENT Regarding JOINT STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE 1. BACKGROUND AND PURPOSE The Colorado Division of Fire Prevention and Control (DFPC} and the Englewood Fire Department (EFD) have entered into an Agreement for the provision of a jointly staffed wildland fire engine based at EFD. The Agreement is the legal document providing authority for this action and will supersede this, or any other document as necessary. This Memorandum of Understanding (MOU) is designed to provide guidance to all parties involved on the expectations of daily operations of the jointly staffed wild land fire engine. This MOU outlines the framework for the Standard Operating Guidelines (SOG) for how both parties will operate the program. This MOU does NOT take the place of either parties existing policies, procedures, or guidelines. In cases where this MOU conflicts with and agencies written policy, procedure, or guideline, the agencies policy, procedure, or guideline will prevail. This MOU holds no legal standing and is simply an admittal by both parties to jointly work together within the framework outlined herein. This MOU may be amended as needed during the effective period with concurrence of all parties. 1 • I! X H ~ I T el • • 2. 2014 STAFFING PLAN 2.1 DFPC will provide one permanent Engine Captain. Additional DFPC employees may staff the engine if funds are available. The Captain will work a 40 hour work week. The Captain will be available for call-back during off duty hours when there Is a high likelihood of a fire response. The Captain will communicate with the EFD Fire Chief, or his designee, regarding the availability of the engine during off duty hours each week. The Captain's schedule may only be altered with approval of DFPC supervisory staff. 2.2 EFD will provide If available; one, possibly two Firefighters from June 1 to September 30. Firefighters will be assigned to the engine crew. EFD may adjust the length of the term as needed after consultation with DFPC. EFD may change the schedule of the Firefighters as needed, but must inform DFPC if such change will affect the availablllty of the engine to respond. If no EFD personnel are available for response during this time, DFPC may utilize surrounding fire departments/fire protection districts for personnel as long as the FD/FPO has signed a staffing IGA (call when needed, temporary staffing, joint staffing) with DFPC. 2.3 In the event of a temporary absence of the DFPC Captain (Illness, vacation, other assignment), DFPC will make every attempt to cover the vacancy with another fully ENGB qualified DFPC employee. If DFPC is unable to provide another Captain, consultation between the DFPC Regional Fire Management Officer and the EFD Fire Chief will occur to determine the best course of action. Due to state fleet rules, regulations and insurance requirements a DFPC employee must be present on the engine for the engine to be available for assignment in or out of district. Solutions may include, but are not limited to; A. Move any DFPC/EFD staff to a EFD engine during the absence. An EFD employee must be present on the EFD engine. B. Have the DFPC/EFD staff remain on the DFPC engine, but respond jointly with another engine (DFPC or EFD) to ensure adequate supervision. A DFPC employee must be present on the DFPC engine. C. Have an EFD Engine Boss cover the absence. A DFPC employee must be present on the DFPC engine. D. If no DFPC employee is available to staff the engine, the OFPC engine will be unavailable. 2.4 In the event of a temporary absence of either of the EFD employees, EFD will make every attempt to cover the vacancy with another fully qualified EFD employee. If EFD is unable to provide another employee, or if there are no EFD personnel available ,consultation between the DFPC Regional Fire Management Officer and the EFD Fire Chief will occur to determine the best course of action. These may include options described above. 2 2.5 Due to the nature of EFD being full time employees; both parties understand that staffing of the DFPC engine may not always be possible. EFD will attempt at all possibilities to provide staffing during peak times of the season if EFD has personnel that are willing to staff the DFPC engine. Staffing levels may change as deemed necessary by the EFD Fire Chief during High fire danger or at the discretion of the EFD Fire Chief due to local conditions within the EFD Boundaries. 3. DAILY OPERATIONS 3.1 The crew assigned to the DFPC engine will maintain a standard dally schedule. This schedule may be amended as needed due to incident responses or other issues. The Engine Captain will devise a written schedule. This schedule should be made in conjunction with EFD so as to avoid duplication or conflict. 3.2 The crew will be required to participate in at least 60 minutes of physical conditioning each day. The exercise routine may be varied, but should focus on cardiovascular and endurance exercises. The exercise period may be scheduled anytime during the day. 3.3 The crew will be required to perform daily vehicle and equipment inspections on all assigned apparatus at the beginning of each day to ensure operational readiness. 3.4 The crew will be required to perform daily station maintenance and cleaning. This will be directed by EFD personnel as needed. DFPC personnel will keep assigned work and storage areas clean and tidy. 3.5 The crew will be required to hold at least one wildland fire specific training each week. This may be classroom or field and is not limited to standard National WIidfire Coordinating Group trainings. The DFPC will also notify the Fire Chief of such trainings and allow other EFD personnel to attend such trainings so long as it will not interfere with the DFPC Engine Captain's outcomes and goals of said training. 3.6 The crew will participate in provided EFD training where appropriate. 3.7 The crew is encouraged to participate in public education events held in the area. 3.8 The crew is encouraged to provide trainings to agencies In Adams, Arapaho, Douglas, Elbert and Jefferson Counties. 3.9 Ensure that Pueblo lnteragency Dispatch is aware of the engine status. 4. CHAIN OF COMMAND 4.1 In general, each agency is responsible for its own employee. Each agency will conduct any needed performance planning, evaluations, or corrective actions. The direct supervisor for the DFPC Engine Captain is the Regional Fire Management Officer. 3 • • 4.2 EFD employees assigned to the DFPC engine, will follow the direction of the DFPC Engine Captain, so long as this direction is not in violation of law, EFD policy, or safety standards. 4.3 The DFPC Engine Captain will take direction from the Fire Chief or deslgnee, when conducting dally activities. This Is to ensure that obligations are met, and that schedule conflicts are minimized. 4.5 When assigned to an incident, either within the EFD or outside, all parties agree to follow the Incident Command System (ICS). Every person wlll take direction from their assigned incident supervisor. Every employee retains the right to refuse an unsafe assignment. 4.6 When confusion, or a conflict occurs regarding the chain of command, the Englewood Fire Chief and the DFPC Regional Fire Management Officer will confer and resolve the issue to the benefit of the program. 5. DISCIPLINARY ISSUES 5.1 Disciplinary issues should be handled at the lowest level possible. In most cases, a disciplinary Issue is caused by a lack of understanding and can be resolved through discussion and explanation of expectations. 5.2 In the event that a disciplinary issue involving any member of the jointly staffed engine cannot be resolved, the issue will be brought to both the EFO Fire Chief and The DFPC Regional Fire Management Officer. The situation will be reviewed and each agencies personnel policies will be taken into account. An attempt to resolve the issue at this level will be made before elevating it to a higher authority. 5.3 Either EFD or DFPC may request the other party have an employee removed from the engine crew due to performance, safety or disciplinary Issues. The parties wlll attempt resolution before removal. 6. IN DISTRICT RESPONSE 6.1 The DFPC engine and crew may respond to incidents within the EFD boundaries as requested by EFD, this includes DFPC supervisory personnel such as Regional Fire Management Officers. The engine will be operated following the DFPC Engine SOG #03-10. This limits the incidents to which a DFPC engine may be driven emergent. 6.2 As the engine is a regional resource, it will coordinate through the Pueblo lnteragency Dispatch Center (PBC) on a daily basis. The engine may be dispatched through "200" for local and mutual aid incidents. The engine will advise PBC if they have been requested through 200 to respond to an incident. 6.3 DFPC personnel may operate in the following functions for non-wildland fire incidents; Per the IGA, the DFPC Engine and crew will be available for response to any incident for which they are trained and equipped, including wildland fire, structural fires, emergency medical situations, 4 hazardous materials, motor vehicle accidents and natural disasters within the boundaries of the EFD and its mutual aid partners. Response is provided on an "as available" basis. A. Structure fires: The Of PC employee can assist as needed, but must be trained by EFD on the specific operation to be conducted. B. Medical situations: Assist EMS personnel with scene control, patient movement, and support functions. May provide direct patient care up to the First Responder Level if so trained or EMT level as long as DFPC employee is currently recognized a the minimum of Colorado State EMT certification and or National Registry EMT C. Traffic accidents: Assist with scene control and general hazard mitigation. May assist with extrication but must be trained by EFO. D. Hazardous Materials: Support function only, unless the DFPC employee is trained by EFD on the specific operation to be conducted and proper equipment is provided by EFD E. Others: This may Include technical rescue, water and ice rescue, service calls, bomb threats, etc. DFPC may perform a support role, if properly trained. At no time should a DFPC employee be expected to perform a function which places them in to an IDHL environment. 7. ZONE RESPONSE 7.1 The Initial Attack Zone for the engine is roughly designated as Douglas, Elbert, Arapaho, and Adams Counties. However, when requested by Pueblo lnteragency Dispatch (PBC) for IA • response within the PBC Zone, the engine should honor the request. 7.2 In general, the engine will normally be dispatched through PBC for zone response. There may be occasions when the engine is requested through another channel to respond, but the crew must immediately notify PBC of the response. 7.3 When the engine responds to incidents outside of the EFD boundaries, EFD agrees to cover the cost of its employees as does DFPC during the mutual aid period. There may be times when the mutual aid period has passed, yet the fire is still not in a reimbursable status. If there is an imminent threat to life or property, the crew shall remain engaged without regard to the end of the mutual aid period until the threat has passed. Once the mutual aid period has lapsed, and the incident will not be reimbursable, the Engine Captain should make every effort to be released. If the benefiting agency is still in need of the resource, for example: the engine is needed in a rural area to assist with mop-up the next day as there are no volunteer firefighter available; then the Engine Captain should consult with both the DFPC Regional Fire Management Officer and the EFD Fire Chief. If the assignment can be completed with minimal impacts to either agency (logistically or financially), then approval Is likely. 8. OFF ZONE RESPONSE 8.1 The DFPC engine is part of the PBC Engine Rotation Program. As such, there is an opportunity for the engine and crew to travel to incidents outside of the Immediate response 5 zone. The Engine Captain will coordinate with the DFPC Regional Fire Management Officer and the EFD Fire Chief for approval to become available for off zone Incidents. 8.2 When approved for off zone availability the DFPC Engine Captain will status the engine appropriately in ROSS and ensure that the assigned personnel are also available as LOCAL in ROSS. The Captain may also check with PBC to ensure they are status correctly. 8.3 EFD may maintain a list of call when needed personnel for use on the DFPC engine when sent off zone. These personnel may be utilized to augment or replace the seasonal personnel as needed. Also, EFD may choose to replace a seasonal employee in favor of priority trainee for off zone assignments. 8.4 The DFPC Captain will be responsible for the readiness of the engine and crew both while available and while assigned to an incident. EFD personnel will follow the direction of the DFPC Captain while assigned off zone. 8.5 The DFPC Captain will maintain all resource orders and reimbursement documentation associated with the incident until return to station. Each agency will then be responsible for its own billing. 9. DFPC PREPOSITIONING 9.1 DFPC reserves the right to preposition its engine anywhere within Colorado for the good of the people. Engine prepositions are normally coordinated well in advance of the actual movement. EFD will be included in the discussions on engine prepositioning. 9.2 When the engine is prepositioned outside of the PBC zone, a resource order will be generated and the Off Zone guidelines will be in effect. The resource order will designate DFPC as the payee and EFD will bill DFPC for personnel costs. 9.3 The cost of back-fill is normally not permitted for preposition orders, but may be considered on a case by case basis. 9.4 DFPC may choose, after consultation with EFD, to preposition the engine utilizing on DFPC personnel. 10. ACCIDENTS AND INJURIES 10.1 An accident involving a DFPC vehicle will be handled according to the current State of Colorado policy . Both DFPC and EFD should be notified when an accident occurs . 10.2 Injuries occurring on duty must be reported to the employee's supervisor within 24 hour of occurrence. Each agency is responsible for its own employee's workers compensation claims. The engine will carry forms for both DFPC and EFD workers compensation claims. 6 11. HOUSING 11.1 EFD will provide a secure, heated, indoor location for the storage of the DFPC engine. This location may change based upon the needs of the district, but will occur with consultation of DFPC prior to moving the location of the engine. 11.2 EFD will provide an "office" for the DFPC Captain. This office will, at a minimum, consist of a semi-private area with a desk, power outlets and a lockable file storage area. 11.3 EFD will, where currently available, provide the DFPC Captain with access to the EFD wireless internet network. If not available, DFPC will provide wireless access for its personnel. 11.4 DFPC personnel assigned to a EFD will have full access to the facilities, to include; kitchen, bathroom, shower, bay, and common storage areas. 11.5 In addition to the space required for the storage of the engine, DFPC will need approximately 75 square feet of floor space for storage of additional equipment. This area should be clearly marked for the storage of State owned assets only. 12. SIGNATURES Kirk A. Will, DFPC Regional Fire Management Officer Andy Marsh, EFD Fire Chief Date Date 7 .. COUNCIL COMMUNICATION (;ate: Agenda Item: Subject: April 21, 2014 9 a ii Intergovernmental Agreement by and between Colorado Department of Public Safety Division of Fire Prevention and Control and the City of Englewood regarding Joint Staffing and Operation of a State Wildland Fire Engine Initiated By: Staff Source: Fire Department Richard Petau, Deputy Fire Chief Andrew Marsh, Fire Chief COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION This request was discussed at the April 14, 2014 City Council Study Session. 1) The City supports cost-effective and innovative service delivery partnerships. 2) The City has numerous mutual aid and automatic aid agreements with other agencies and jurisdictions. RECOMMENDED ACTION Staff seeks Council's approval of a bill for an ordinance authorizing an Intergovernmental Agreement by and between Colorado Department of Public Safety Division of Fire Prevention and Control and the City of Englewood regarding · int staffing and operation of a State Wildland Fire Engine. ACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED This agreement will allow the Englewood Fire Department's Wildland Firefighting Team (EFD-WFT) to assist other agencies and jurisdictions with wildland firefighting activities, when requested to do so by the State of Colorado, thus reducing the impact of wildland fires locally, regionally, statewide and nationally. Accompanying the IGA, there is a Memorandum of Understanding (MOU) between the Colorado Department of Public Safety Division of Fire Prevention and Control and the Englewood Fire Department regarding joint staffing and operation of a State-owned wildland fire engine. The MOU includes the housing of a State-owned wildland fire engine at the Metro Fire Training Facility. The concepts contained in this agreement are the most effective means currently known for rapidly making resources available to fight wildland fires. The EFD-WFT is a highly trained and skilled team of 1 0 individuals who are frequently requested to assist in these efforts. FINANCIAL IMPACT There is no cost to the City to house the wildland fire engine other than providing garage space for the wildland fire engine and office space for the State wildland firefighter assigned to the vehicle during weekdays. The City is responsible for the regular salaries and benefits of our employees when they are deployed on wildland fire incidents, but these expenses and costs for position backfills are reimbursed by the State per incident for eligible expenses. · T OF ATTACHMENTS Bill for an Ordinance