Loading...
HomeMy WebLinkAboutbocc.con.131.2014 CONTRACT# 3/` 94o'1 MUTUAL AID AGREEMENT FOR THE PROVISION OF SEARCH AND RESCUE SERVICES This Agreement for the Provision of Search and Rescue Services (this "Agreement"), effective the first day of January 2014, is by and between the Pitkin County Colorado Sheriff, and Mountain Rescue, Aspen, Incorporated, a Colorado nonprofit corporation. WITNESSETH: WHEREAS, the Sheriff has the statutory responsibility under Section 24-32-2107 CRS to coordinate search and rescue operations within Pitkin County, Colorado ("Pitkin County"); • WHEREAS, MRA is dedicated to providing Backcountry education and Search and Rescue services, within Pitkin County; and • WHEREAS, both Sheriff and MRA are desirous of associating together for the provision of Search and Rescue services within Pitkin County. NOW, THEREFORE, in consideration of the mutual covenants hereof, the parties enter into this Agreement under the following terms and conditions. • I. TERM This Agreement shall extend for the period of twelve (12) months, beginning effective on January 1, 2014, and continuing until December 31, 2014 and thereafter shall automatically renew on January 1st of each calendar year for successive one (1) year periods unless either party gives written notice to the other party that it desires to terminate or renegotiate this Agreement on or before October 181 of any year in which this Agreement is in effect. . II. DEFINITIONS • The following terms are used in this Agreement as defined below: • Term Definition Backcountry Any area within Pitkin County not reasonably accessible by a paved road based ambulance service. Declared The official initialization of an MRA involved Incident by the Sheriff or his duly authorized deputy or agent. Field Area of deployment of MRA Resources Any Member, or group of Members, and Fieldable Associates who are Field Team Members or duly qualified and authorized by MRA to operate in the Field during an Field Team Incident. An associate of MRA on the FA roster who is not a current official Fieldable Associate or Member, but who maintains minimum qualifications with MRA for Field "FA" operations, and may be deployed on a Field Team on a case by case • basis. Front Country Any area within Pitkin County reasonably accessible by a paved road based ambulance service. • 1 The period of time during which there is an organized deployment of Incident MRA Resources, or other resources for a SAR, training activity, or Sheriff authorized event. Incident Check In /Out The confirmation but a duly authorized Incident official that an MRA Resource has entered (Check In), or left(Check Out) an Incident. Incident Command Incident Command System as defined by the materials and curriculum System or"ICS" provided by the U S. Federal Emergency Management Agency. Incident Command(er)or The position and person designated by the Sheriff as the person in "IC" charge of an Incident. Investigation The initial and ongoing inquiry,.development and analysis of information leading to the resolution of a SAR Incident. Member A person who has been designated a member of MRA in accordance with its bylaws and policies. Mountain Rescue Aspen Mountain Rescue, Aspen, Incorporated. or"MRA" Physical facility where MRA is headquartered. Currently 630 W Main MRA HQ Street, which will be succeeded by the new facility at 37925 Highway 82 when completed and occupied by MRA. The MRA RL designated as part of the command staff on an Incident in MRA Liaison Officer or which an MRA RL is not acting as OSC to act as MRA's liaison to MRA Liaison ensure the safety and appropriate deployment, tracking and rehabilitation of MRA Resources. MRA Resource A Member, FA or MRA owned resource. Off-Road Vehicle Any motorized surface vehicle primarily intended for off-road use, including snowmobiles and ATV's. Operations Section Chief The position and person responsible to the IC for managing the or"OSC" Operation Section of an Incident. Outside Agency Any government or emergency response organization engaged by the Sheriff other than MRA in the execution of a SAR. Any sources of assistance in the operation of an Incident that is not an Outside Resource MRA Resource or part of the Sheriffs office. Includes Unpaid or Paid Resources, and/or any Outside Agency. A"for hire" Outside Resource that can provide assistance in the execution of a SAR due to unique capabilities, knowledge, or Paid Resource resources. This category includes Aircraft, Outfitters, etc. This category may charge the Sheriff for service, or, if providing air ambulance services, may charge the patient(s). 2 Any personally owned clothing, equipment or specialized SAR gear Personal Gear taken into the Field by a duly deployed Field Team Member. Does not include any POV. Personally Owned Vehicle Any motorized surface vehicle utilized in an Incident which is owned by or "POV" an individual responder and not by MRA, the Sheriff or other Outside Agency. Distinct from Personal Gear. Planning Section Chief or The position and person responsible to the IC for managing the "PSC" Planning Section of an Incident. • Rescue Leader or"MRA A Member duly authorized by MRA to consult with the Sheriff or his RL" Deputy regarding any call for SAR response and/or deployment of Field Team(s). An Incident wherein any person or persons are reported to require search and/or rescue services, especially in the Backcountry, and the Search & Rescue or performance of such services. SAR includes Investigation to determine "SAR" whether a person(s) is likely to require help, and if so, undertaking the process of locating, accessing, and stabilizing such person(s) and transporting them (or their remains)to the Front Country and/or to definitive medical care, as required. Sheriff Pitkin County Sheriff, or his duly authorized delegate (Deputy or Agent) Any Paid or Unpaid Resource, other than an Outside Agency, that can Special Technical provide assistance in the execution of a SAR due to uniquely held -.-- Resource or"STR" capabilities, knowledge, or resources. including any individual or team recommended by OSC and authorized by the IC for deployment. Any location where personal and/or team equipment is aggregated and positioned just prior to Field deployment. In the specific case of Staging Backcountry deployment, especially when Staging is at a trailhead, Staging represents the demarcation point between Front Country and the Field. Any Outside Resource who, without charging a fee, provides assistance in the operations or support of an Incident due to unique Unpaid Resource capabilities, knowledge, or resources including STRs as well as support services but not including Paid Resources. Resources in this category may have costs reimbursed by the Sheriff. III. GENERAL AGREEMENTS A. SAR Responsibility. It is understood that the Sheriff has statutory responsibility within the State of Colorado for coordinating SAR operations in Pitkin County. MRA agrees that it will not conduct any SAR operations in Pitkin County without the authority of the Sheriff. However, nothing in this paragraph shall be construed to prevent Members or FAs from participating in out-of-county SARs as stipulated within Section VI paragraph F of this Agreement. 3 • B.Authorized Volunteers. Members and FA's shall be considered authorized volunteers under the Governmental Immunity Act C.R.S. 24-10-101 at seq. and qualified volunteers within the State of Colorado under C.R.S. 24-32-2201 et seq. (collectively, "Authorized Volunteers") when participating in any SAR mission, MRA activity authorized by the Sheriff or training for which the Sheriff or his • office has received notification from MRA. C. MRA Training. MRA agrees to develop and maintain an ongoing program of Member and FA training consistent with the standards of competency as MRA, in its sole discretion, deems • reasonable. Members shall complete at a minimum the following Federal Emergency Management Agency's NIMS courses in accordance to guidelines set by Homeland Security Presidential Directive (HSPD-5): IS-100, IS-700 and any other ICS or NIMS training deemed useful or necessary by MRA's Board of Directors from time to time. D. MRA Sheriff Meetings. To facilitate awareness of MRA's activities, MRA agrees that its President and such other Members as the President deems necessary, shall meet with the Sheriff at least once per year to review their respective performance under this Agreement; however, the Sheriff or MRA's 'President may request a special meeting at any reasonable time to discuss any particular SAR operation conducted by MRA or any other matter relating to MRA. E. MRA Roster. MRA further agrees to maintain with the Sheriff a current team roster of all Members and FAs and provide the Sheriff with such other information as may be necessary for the provision of insurance covering such Members maintained by the Sheriff or Pitkin County pursuant to this Agreement. • F. Fieldable Associates. A Fieldable Associate may be deployed on an Incident at the discretion of the OSC. Once deployed, the FA shall be considered part of Field Team and an Authorized Volunteer for all purposes, including coverages by the Sheriff of all workman's compensation, liability and personal loss as any regular MRA Member is entitled to under this Agreement. • IV. EXPENSES A. Operational Expenses. MIRA shall be responsible for all of its operational and internal expenses; which shall be paid from funds that it receives through donations, grants and other sources. Neither the Sheriff nor Pitkin County shall be responsible for any costs or expenditures incurred by MRA unless set forth in this Agreement, specified by applicable law or otherwise previously agreed. B. Operational Charges. MRA agrees that no charge shall be made by MRA to the Sheriff or Pitkin County for any SAR operations, training exercises or any other activities conducted by MRA and authorized by the Sheriff unless previously agreed in writing. C. Fuel, Maintenance and Communications/IT. The Sheriff agrees that MRA shall have access to the Pitkin County fuel facility for fueling and washing all of its vehicles and that the Pitkin County vehicle maintenance facility shall provide maintenance services for MRA's fleet of equipment as mutually agreeable with the Pitkin County Fleet Manager but in no event less than three or more than six vehicles, and all trailers and all off road vehicles. MRA shall have access to the Pitkin County IT, Radio and Tech Services Departments for programming, purchase, repair and maintenance of MRA's radios and pagers. The foregoing services shall be billed to MRA at Pitkin County's standard rates for similar services provided to its departments. To the extent that any grants, donations or other amounts are payable by Pitkin County to MRA, MRA may credit any such amounts owed to it against said fuel, maintenance and communication/IT expenses. Under this paragraph, Pitkin County shall only responsible for the fueling, maintenance, and/or repair of any vehicles/units owned by and titled 4 to MRA and shall not be responsible for the fueling, maintenance or repair of any vehicles owned by or titled to any Member. E. MRA Vehicle Insurance. Insurance coverage of any type for MRA owned automobiles, snowmobiles, all terrain vehicles, bicycles, motorcycles, boats or any other type of vehicle (such MRA vehicles collectively, "MRA Vehicles") will be paid by MRA. However, Pitkin County and/or the Sheriff shall, to the fullest extent allowed by law, protect, defend, indemnify and hold harmless MRA and its officers, directors, Members and associates from and against any and all claims, causes of action, suits, proceedings, damage, awards, costs, fees and expenses, including, without limitation, reasonable attorneys fees and all court costs (collectively "Awards") related to, arising from or attributable to, in any way, the use or operation of any MRA Vehicle during any SAR mission MRA training or other activity approved by the Sheriff or his/her designee in accordance with this Agreement to the extent that such Awards exceeds any,insurance coverage maintained by MRA. F. Workers' Compensation Insurance. The Sheriff agrees to provide workers' compensation insurance for each for Member and FA listed on the official team roster while engaged in an Incident: from Incident Check In, or upon assignment within an Incident, whichever comes first;until Incident Check Out, or termination of the Incident, whichever occurs last. Workers' compensation insurance shall be provided for or during MRA business meetings and any activities at the MRA HQ. Activities conducted.at the MRA HQ need not be designated as an Incident prior to said Incident commencing. G. Liability Insurance/Indemnification. MRA, its directors, officers, agents and Members and Fieldable Associates acting as Authorized Volunteers shall be covered by the Pitkin County self- * insured liability insurance, subject to the Colorado Governmental Immunity Act; MRA agrees to name Pitkin County as additional insured, to those operations where applicable, on any and all general liability policies that cover the operations of MRA. H. Damage to Personal Property. (a) The Sheriff shall reimburse Members and FA's for loss or damage to their Personal Gear occurring while deployed in a Declared Incident. MRA shall cause - - each Member to maintain an online, up to date inventory of their Personal Gear with estimates of each items fair value prior to its use in the Field. Any claim of loss or damage to Personal Gear must be for item(s) on the Member's inventory. MRA shall periodically review each Member's Personal Gear Inventory to ensure that the value of each item is reasonable and appropriate. (b) The Sheriff shall also reimburse Members and FA's for loss or damage to any POV utilized by a Member checked into a Declared Incident, PROVIDED that 1) when operating the POV on a paved road, the Member observes all traffic laws, and 2) the Sheriff has authorized, in writing, any off pavement use of the POV during that specific Incident. Under no circumstances shall an MRA POV be permitted to operate emergency lights and/or sirens on a public roadway without specific written authorization in advance by the Sheriff. V. EQUIPMENT A. Radios. The Sheriff agrees to provide MRA with access to the Pitkin County radio communications array for use by MRA personnel during Sheriff authorized Incidents, SAR operations, trainings and other activities. While using Pitkin County radio frequencies, Members shall be FCC compliant and operate within any applicable parameters of Pitkin County radio use.To the extent that any grants, donations or other amounts are payable by Pitkin County to MRA, MRA may credit any such amounts owed to it against said radio maintenance costs. B. Paging. The Sheriff agrees to provide paging for Members if such pages relate to SAR Incidents or are for the purpose of relaying information on out-of-county mission requests, trainings and other official team functions. s VI. OPERATIONAL RULES A. MRA Operational Area. MRA and the Sheriff agree that MRA's SAR responsibilities under this Agreement are limited to the Backcountry, and.shall not include the in-bounds area of any ski area during its operational hours; provided that the Sheriff may activate MRA for participation in such other areas and activities as the Sheriff and MRA may agree on a case by case basis. B. MRA RL Always On-Call. An MRA RL shall be on call by pager or texting 24 hours a day, year round, to provide consulting and/or support to the Sheriff in Investigation of a possible SAR. If it is determined by the Sheriff that a SAR Incident be declared, it shall be conducted as described herein. For the purposes of this Agreement, any MRA RL who assist(s)the Sheriff prior to the official declaration of an Incident shall be entitled to all coverages afforded to a Member during a Declared Incident, beginning from the point where the MRA RL(s) are in contact with a deputy. C. Incident Command System. Each SAR Incident shall be managed under the Incident Command System wherein the Sheriff's deputy handling the initial call shall declare an Incident through the Aspen Pitkin County Combined Communications Center and become the Incident Commander for the Incident. The Sheriffs deputy who is IC may transfer Incident Command but only to another Sheriffs deputy, or another person duly authorized by the Sheriff to take command on his behalf, who will then become the IC. Once MRA is activated, a qualified MRA RL will become the Operations Section Chief (OSC)for the Incident and be responsible for staffing and managing the Operations sections of the Incident. The OSC will also hold the role of Planning Section Chief(PSC) and be responsible for the Planning Section by default. The OSC will coordinate with the IC on logistical and financial issues. The MRA RL who is the OSC may transfer operations and/or planning command to another qualified Member. In the event that MRA's activation is in support of an Aspen Skiing Company's Ski Patrol response, or if the Incident grows beyond the scale that can reasonably be handled by MRA and/or requires a much larger than normal organization to resolve, after discussions with and upon direction of the IC, MRA will adjust its role in the Incident as appropriate to the scale and duration of the Incident relative to the depth of MRA's capabilities. In any MRA involved Incident where an MRA RL — does not hold the position of OSC, a qualified MRA RL shall be appointed to the command staff as MRA Liaison, and shall represent MRA interests and personnel therein. D. Incident Authorization and Termination. The Sheriffs request for MRA's services shall be the specific authorization for MRA's participation in an Incident. MRA's authorization to participate in any Incident shall terminate when so directed by the Sheriff; provided that such authorization shall continue from Incident Check In through Incident Check Out of all MRA Resources related to the service request. MRA agrees that the authorization for MRA to undertake operations for an Incident is solely the decision of the Sheriff, but the Sheriff agrees to consult with MRA prior to making such decision. MRA agrees to commence and terminate operations for an Incident in a timely manner upon the request of the Sheriff; provided that if the Sheriff authorizes operations, MRA shall have the right not to send its personnel into the Field or to withdraw any personnel from the Field if MRA reasonably believes the situation to be an unreasonable risk to the safety of its personnel or based upon any other reasonable belief. The Sheriff agrees that, subject to the Sheriffs authority to authorize and terminate operations for an Incident, the MRA OSC for authorized operations with respect to such Incident, or, if applicable, the MRA Liaison, shall have authority with respect to the deployment, use and withdrawal of specific MRA personnel during such Incident. E. Manpower Requirements. Subject to personnel limitations imposed by the Sheriff with respect to insurance coverage, MRA agrees to use its reasonable efforts to maintain sufficient manpower to conduct reasonable SAR operations in Pitkin County. 6 • F. Mutual Aid Requests. MRA agrees that all requests for SAR operation assistance from Outside Agencies are subject to the authorization of the Sheriff. Once such authorization is granted, participation by MRA personnel in such operation shall be a Sheriff authorized activity, extending to such personnel the protection of all terms and conditions of this Agreement, including the protections of being an Authorized Volunteer. Nothing in this Agreement shall be construed to prevent any Member from participating in an out-of-county or out-of-state SAR operation as an individual. However, when not authorized pursuant to this Paragraph F, such Member shall not be entitled to the protections of this Agreement. G. Media Contact, SAR related. Any media releases that are related to Declared Incidents must be authorized prior to release by the Sheriff's press information officer designated by the IC for that Incident. For authorized operations with respect to such Incident, the MRA OSC, or, if applicable, the MRA Liaison, shall be provided with an opportunity, if at all practicable, to review and comment upon any media release relating to an Incident wherein Members were involved prior to its issue. Should a release be made without such review, the IC will provide the MRA OSC or Liaison with an explanation as to why such review could not be facilitated in that case.The Sheriff or IC may authorize direct contact between an MRA representative, if authorized by MRA's President, and the media for specific Incidents:A copy of any and all media content created or obtained by any Member while part of a SAR Incident shall be made available to the Sheriff, and no content created in this matter shall be released to the media or posted in any public manner without.the express written permission of the Sheriff. • H. Media Contact, Non-SAR related. MRA is a non-profit corporation with missions in addition to, and outside of its provision of SAR services to the Sheriff. These additional missions include Backcountry safety education for the community as well as maintaining independent, positive public relations. Therefore, this Agreement shall not in any way restrict MRA's contact with the media on matters not relating to specific Incident responses on behalf of the Sheriff. • VII. OUTSIDE RESOURCES • MRA shall maintain a list of available Outside Resources from which the OSC may request activation in order to safely and effectively carry out a given SAR mission. These Resources may include•Paid or Unpaid Resources, and/or Outside Agencies. Outside Resources may include fixed wing aircraft, helicopters, dog team(s), and other resources that MRA considers qualified, and with whom MRA may maintain a cooperative training or other relationship. Inclusively, MRA may recommend Special Technical Resources for utilization in an Incident. • Should any Outside Resource, including STRs, be requested by the OSC for a given Incident, the Sheriff must approve each such resource's use in writing prior to deployment. A.Member may facilitate the engagement of such an authorized resource in the Incident, but the engagement is solely between the Sheriff and the engaged resource, and MRA shall have no financial responsibility or implied liability for reason of facilitating the engagement. • VIII. TERMINATION OF AGREEMENT A. Termination for Convenience.Either party may terminate this Agreement upon ninety (90) days prior written notice to the other party. B. Termination for Breach. Either party may terminate this Agreement for breach of the terms and conditions set forth herein thirty (30) days after providing written notice to the other party of such breach if such breach has not been cured or, if such breach is not reasonably capable of being cured within thirty days, if the breaching party has not commenced to cure such breach within thirty days 7 • and continues to prosecute such cure with reasonable diligence. Specific performance shall not be a remedy for breach of this Agreement. A waiver of any breach by the non-breaching party shall not constitute a waiver of any other rights, duties or obligations contained in other terms of this Agreement and this Agreement, in all other particulars, shall remain in full force and effect. IX. MISCELLANEOUS PROVISIONS A.Assignment; Successors. Neither this Agreement nor any of the parties' respective rights, duties or obligations hereunder may be assigned, in whole or in part, by either party without the prior written consent of the other party. This Agreement shall.be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. B.'Severability. Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of Colorado or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions.hereof shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the Agreement which the parties intended to enter into in the first instance. C. Time. Time is of the essence in the performance of this Agreement. Whenever this Agreement requires that a duty, responsibility or payment must be accomplished by a time certain, failure to do so shall be considered a default under this Agreement. D. Whole Agreement. This Agreement sets forth the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations and agreements, whether written or oral related thereto. No representation, warranty, covenant or agreement, either verbal or written, shall be considered binding on either party to the extent it is not set forth herein. E. Facsimiles and Counterparts. Facsimile documents with original signatures should be provided . upon request. This document and all documents.required for performance of this Agreement may be signed in counterparts. Facsimile signatures may be substituted for all originals of such documents. F. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Venue for any action instituted pursuant to this Agreement shall lie in Pitkin County, Colorado. G. Authority. Each person signing this Agreement represents and'warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. H. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid to the 'addresses of the parties set forth below. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper addresses set forth below.Any party by notice so given may change the address to which future notices shall be sent. I. Amendment of Agreement. The Sheriff and MRA agree that the terms and conditions of this Agreement may only be modified, altered or amended by prior agreement in writing and signed by both parties. 8 IN WITNESS WHEREOF, the parties to this Agreement hereby affix their hands on the dates indicated but to be effective for all purposes as of the date specified in the first paragraph hereof. PITKIN COUNTY SHERIFF'S OFFICE: C ' ' S Date: tZ — Z3 —t3 Joe DiSalvo, Sheriff MOUN • I RESCUE,ASPEN, INCORPORATED Date: Pre- .:1 ountain Rescue Aspen 9