HomeMy WebLinkAbout2013 Ordinance No. 023•
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ORDINANCE No;l__?
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 19
INTRODUCEp~~2£UNCIL
MEMBER U/~,v -------
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE
COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND
CONTROL REGARDING TEMPORARY 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 of local jurisdictions (fire protection districts) with the State of Colorado with DFPC
being the lead state agency for wildland fire management; 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 wildland 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 of DFPC shall determine, 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 wildland
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
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 .
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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 Temporary Staffing and
Operation of A State Wildland Fire Engine," attached hereto as "Exhibit A".
Section 2. The Englewood City Council hereby authorizes the Mayor to sign the agreement for
and on behalf of the City of Englewood, attached as Exhibit A.
Section 3. 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 17th day of June, 2013.
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Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
June, 2013 .
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
June, 2013 for thirty (30) days.
Read by title and passed on final reading on the 1st day of July, 2013.
Published by title in the City's official newspaper as Ordinance No.;3, Series of 2013, on
the 5th day of July, 2013 .
Published by title on the City's official website beginning on the 3rd day of
July, 2013 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is i-Jrue copy of the Ordinance passed on final reading and published by
title as Ordinance No.dQ., Series of 2013. ,..
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. This Agreement template is for the temporary staffing of a state wild land fire engine by employees or volunteers of coope rat ing
loc.il jurisdictions (cooperators) for incident assignments .
INTERGOVERNMENTAL AGREEMENT
By and Between
COLORADO DEPARTMENT OF PUBLIC SAFETY
DIVISION OF FIRE PREVENTION AND CONTROL
And
CITY OF ENGLEWOOD, COLORADO
Regarding
TEMPORARY STAFFING AND OPERATION OF
A STATE WILDLAND FIRE ENGINE
This Intergovernmental Agreement (AGREEMENT) is entered into between the Colorado
Department of Public Safety, Division of Fire Prevention and Control ("DFPC") and the
City of Englewood (COOPERATOR) which are referred to collectively as the
"Parties" and individually as a "Party".
PARTIES AND STATUTORY AUTHORITIES
The COOPERATOR is a political subdivision of the State of Colorado powers of a public or quas i-
municipal corporation which are specifically authorized by, and in compliance with Colorado Revised
Statutes, Titles 29, 30, 31, and 32 , as applicable.
DFPC is a division of the Department of Public Safety, a principal department of the executive
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
C.R.S. Title 24, Article 10
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
C.R.S . Title 29 , Article 22 .5
C.R.S . § 29-1-201 thru 203
C.R.S . § 30-10-513 and 513.5
C.R.S. § 30-11-124
C.R.S. Title 32, Article 1
Firefighter and Incident Management Team Immunity
Governmenta l 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
WHEREAS, 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 wild land 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 DFPC "or its authorized agent," and
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WHEREAS, the chief of the fire department in each Colorado fire protection district is
responsible for the management of wild land 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 wild land 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 of DFPC shall determine, 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 wildland fires, and
WHEREAS, DFPC is committed to cost-effective and innovative service delivery partnerships for
Wildland Fire Suppression within Colorado, 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, the COOPERATOR is committed to provide cost-effective service to its citizens, is
situated to provide mutual aid response, and currently has a wildland fire suppression program in place, •
and
WHEREAS, it is the intent of the Parties that COOPERATOR resources be available to assist in Fire
Management activities on lands for which DFPC is responsible for protecting and as needed as part of a
resource mobilization for fires in other states, and
WHEREAS, it is to the Parties' mutual advantage to coordinate efforts for the prevention,
detection, and suppression of wild land fires, fuels management, prescribed fire, non-wild land 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 ability to utilize Cooperator staffing to provide a cost-effective means to meet
the Parties' respective missions and be a benefit locally, regionally, statewide and nationally through the
provision of additional Wildland Fire Resources, and
WHEREAS, the Parties wish to enter into this Agreement to jointly staff a state-owned wildland
fire engine, as needed, for use locally, regionally, state wide, and nationally to reduce the impact of
wildland fires, and
IN CONSIDERATION OF mutual and unilateral covenants, obligations, promises and warranties,
the Parties agree as follows:
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AGREEMENT
1. Term of Agreement. The term of this Agreement shall commence upon execution by the 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 either party provides
thirty {30) days written notice to the other Party of its intent not to extend the term of this Agreement .
2. Scope of Duties
2.1 Each Party enters into this Agreement understanding that firefighting and emergency
response functions are inherently dangerous and, while risk management techniques will be employed,
it may not be possible to foresee every situation that could cause injury, illness, or death.
2.2 Each Party understands that wild land firefighting and emergency response functions
may require the placement of personnel in remote locations for extended periods of time with limited
access to creature comforts, communications, or normal living conditions .
2.3 Each Party understands that incident assignments may last up to 14 days, exclusive of
travel; may not allow personnel to return home at the end of a shift; may require personnel to camp on
the fire site, generally at a designated fire camp; and that daily work shifts may last fourteen to sixteen
(14 -16) hours with limited breaks.
3 . Employees Able to Operate
3.1 Each Party agrees that its employees may ride, drive, operate, and work on, in, and
around the other Party's vehicles, apparatus, equipment, stations, and facilities, pursuant to need,
training, and applicable laws. This mutual Agreement provides staffing of a fire engine, tender, crew,
command, module or other resource as an emergency response incident resource for assisting in the
stabilization of emergency incidents such as wild land fires, structure fires, emergency medical, rescue,
and natural disasters.
3.2 Each Party agrees to abide by the Incident Command System (ICS) as outlined in the
National Incident Management System (NIMS). ICS shall be the guide as to command and control of
resources and personnel assigned to an incident. Each Party agrees to utilize ICS instead of agency
position, job description or home unit rank while working jointly to staff an incident resource.
3.3 For the purpose of this Agreement "employee" shall mean any person, paid or
volunteer, who is formally hired by either party . This Agreement does not extend to, nor include, third
party contractors working for either agency designated on this Agreement.
4. Financial
4.1 Each Party shall be responsible for the cost of its respective employees, vehicles,
facilities, and equipment, including damage or loss .
4.2 For reimbursable incidents, each Party has the right to seek reimbursement for the
utilization of its personnel, vehicle, equipment, and facility by following standard DFPC reimbursement
guidelines.
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4.3 Neither Pa rty shall encumber the funds of the other Party for any purpose at any time
without separate written authorizat ion and legal authority. •
5. Insurance and Liability
5.1 Each Party shall be responsible for the acts or omissions of its own employees, subject
to the Colorado Governmental Immun ity 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 responsible at all times for worker!.£ compensation insurance
coverage of its employees acting with i n the provisions of this Agreement, including accidents, injuries
and diseases which occur while acting under the direct ion or at the request of the other Party . Each
Party shall maintain liability insurance coverage for its real and personal property, as required by law .
Neither Party shall be responsible for the other Party's liabilities, fiduciary responsibilities, or workers
compensation, unless expressly authorized by a separate written Agreement executed by the Parties.
6. Accident and Incident Reporting and Invest igation. All Parties to this Agreement shall be
notified as soon as practical of any accidents or incidents related to this Agreement and shall jointly
initiate an investigation of the accident or incident, as needed .
7. Training and Qualifications . During the term of this Agreement, the Parties mutually agree to
provide to each other's employees any training necessary for successfully performing the duties and
responsibilities, as assigned pursuant to this Agreement. The Parties mutually agree that all employees
assigned to a wildland fire shall meet or exceed the current National Wildfire Coordinating Group's •
(NWCG) qualification standards for the position they occupy.
9. Amendments. This Agreement may not be amended except in a writing setting forth such
amendment and executed by the Parties.
10. Severability. If any provision of this Agreement should be declared unenforceable, then the
remainder of this Agreement shall continue to be binding upon the parties .
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 shall alter or modify
the status of a Party's directors, officers, volunteers, agents, or employees for any purpose, including but
not limited to worker~ compensation, employee benefits or entitlements, pension, levels or types of
tra i ning, internal discipline, certification, rank procedures, methods, or categories, or for any other
conditions or requirements of employment.
12 . Governing Law. This agreement is entered i nto in Colorado and shall be governed by the laws of
the State of Colorado.
13. Head i ngs . The headings used in th is Agreement are for the convenience of the Part ies only. As
such, these headings shall not have any legal effect whatsoever or, in any other way alter or modify the
meaning or interpretation of this Agreement.
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14. Authority. By signing this Agreement, representatives of the Parties acknowledge that they are
duly authorized to execute this Agreement on behalf of their respect ive Party .
15 . Execution in Counterparts or by Facsimile or Electronic Means. This Agreement may be executed
in counterparts or with signatures obtained via facsimile transmission or electronic PDF , each of which
shall have full force and effect upon execution by all Parties to this Agreement.
COLORADO DEPARTMENT OF PUBLIC SAFETY
DIVISION OF FIRE PREVENTION AND CONTROL
APPROVAL :
By: ____________ _
Paul L. Cooke , Director
Division of Fire Prevention and Control
Date: _____________ _
COOPERATOR
City of Englewood, Colorado
APPROVAL:
By: ____________ _
-· Randy . P. Penn,. Mayor
Date: _____________ _
COOPERATOR CONTACT INFORMATION
Name :
Address :
City, State, Zip:
Phone :
Email:
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APPROVAL AS TO FORM:
By: ___________ _
Diane Marie Dash
Senior Assistant Attorney General
Criminal Justice Section
Attorney for DFPC
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 17, 2013 11 a ii lntegovernmental Agreement by and between Colorado
Department of Public Safety Division of Fire Prevention
and Control and the City of Englewood regarding
temporary staffing and operation of a state Wildland Fire
Engine
Initiated By: Staff Source:
Fire Department Richard Petau, Interim Fire Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
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 an lntegovernmental Agreement by and between Colorado Department of
Public Safety Division of Fire Prevention and Control and the City of Englewood regarding temporary staffing
and operation of a state Wildland Fire Engine.
BACKGROUND, ANALYSIS, AND 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 wild land fires locally, regionally, statewide, and nationally.
A key point in the agreement is that the members of the EFD-WFT are permitted to operate a state owned
wildland fire engine, as needed.
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 individuals who are
frequently requested to assist in these efforts.
FINANCIAL IMPACT
The City is responsible for the regular salaries and benefits of the involved employees, but is reimbursed by the
state per incident for eligible expenses.
LIST OF ATTACHMENTS
• Proposed Bill for an Ordinance