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HomeMy WebLinkAboutbocc.con.063.1974 FOREST FIRE CONTROL AGREEM~N by and between PITKIN COUNTY, STATE OF COLC hereinafter referred to as th~ COLORADO STATEFOREST SERV] WHITE RIVER NATIONAL FOREST, FOREST S~ GRAND JUNCTION DISTRICT, BUREAU OF LAND AJ Be Authori.t~. · 1. County: CRS 1963, as amended, 36-1-1 and 35-5-12 and 13. 2. Forest Service: Act of March 3, 1925 (16 USC 572) as amended. 3- Bureau of Land Management: Act of July 14, 1960 (43 USC ~363) and Bureau Order No. 701 dated July 23, 1904 as amended. Purpose. To coordinate and expedlate fire control activities on certain lands within the COUNTY, with specific reference to the planning smd carrying out of a program of fire prevention and control activities. The lands included in this agreement are specified in the annual operating plan and map attached thereto, which are to be reviewed and/or revised annually and are made a part of this agreement. C. Definitions. Benefiting Agency-Agency which has the basic ~rotection responsibilities on the land where a fire occurs. 2. Cooperating Agency-Agency which does not have basic pro- tection responsibilities on the land where a fire occurs. Annual Operating Plan-This will be a comprehensive plan prepared or reviewed and revised annually by field level personnel of each cooperating.party ~o the agreement. It shall set forth basic fire protection responsibilities which shall include: a map delineating the areas each party is to protect% including mutual aid-offsetting cost and/or reimbursement zones; coordinated prevention pro- gram including plans for burning permits and closures when required; inventory of manpower and equipment available and use ratos; directory of names, titles, addresses and phone numbers'of respopsible Federal, State or County '1 Officials of ~ch party to the agreement; specific fire control ~:~ion plans for benefiting and cooperat- ing agencies i:~±de and outside of their own protection areas; fire investigation guidelines; responsibility for maintenance of communication equipment, roads and fire control facilities; and other mutually agreeable conditions. Prevention. All agencies will cooperate in coordinating the fire prevention program to avoid duplicaion of effort. ReQuests for assistance. Requests to County, State or Federal agencies shall be made to the appropriate officials specified in the annual operating plan. Suppression. 1. Responsibilities. The cooperating agency will notify the benefiting agency as soon as feasible when t~cing indepen- dent fire suppression action. It will be the responsibility of the benefiting agency to take law enforcement action, as may be necessary. ae Reimbursement Fires. First and direct responsibility for fire suppression rests with the benefiting agency. Suppression action taken by cooperating agencies will be reimbursed by the benefiting agency. Interagency Fires. %;hen fires spread from the area of responsibility of one agency to the other, each agency shall stand its proportionate share of the suppression costs based on acreage burned within its orotcction responsibilities, or shall ~eimburse actual costs that the cooperating agency incurred on the protection area of the benefiting agency. Where costs are readily identifiable under both procedures, the lesser amount will be charged against the benefiting agency. Mutual Aid. %~ere two or more parties to the agreement have comparable fire suppression capability in a specific area, initial attack will be made by either party or jointly on a mutual aid-offsetting cost basis as agreed to in the Annual Operating Plan. Within any mutual aid zone as agreed to in the operating plan and as delineated on the map attached to thc annual operating plan, e~ch agency shall assume its o%~ full. cost of expenditures made from inibial attack until 10 AM of the day fei±owing initial attack beriod. Costs incurred after the mutual aid ~eriod ends, 10 AM on the day followi~ the initial attack, will be r6imbursed by the benefiting agency. Ex- ception: since only Federal agencies maintain and operate aerial t~ers in the Rocky Mountain States, use of and reimbursement for, aerial retardant will be covered by Section G-4 of~ this cooperative agreement. ~M)~ent for Reimburseable Fires. The cooperating agency shall maintain and support its reimbursement claims with detailed records of services performed. Reimbursement claims will be submitted as promptly as practical after each fire. Reimburse- ment will be made as follows and will include the appropriate part of these costs. Equipment. ae ~genc~f-O~,~ned Equipment. The cooperating agency will be reimbursed by ~he benefiting agency for the usc of agency- owned equipment on a predetermined basis. Rates will bo established annually and shall become a part of this agree- ment. Such rates shall cover operation, repair and depre- ciation. In the event the cooperating agency's equipment is destroyed or excessively damaged, an investigation will be made by a committee composed of representatives of each agency. ~is co~ittce will investigate the circumstances in connection with the use and damage of equipment and make recommendations for reimbursement, replacement, or repair. Hired Esuipmcnt. ~e benefiting agency will reimburse the cooperating agency for the cost of equipment hired for the fire effort by the cooperating agency. Labor and Related Costs. The benefiting agency will reimburse the cooperating agency for all direct labor costs and related travel expenses incurred as the result of fire suppression. Supplies and ~atcr~.~.ls. The benefiting agency will reimburse the cooperating agency for costs of supplies And materials used for the fire effort. 0 ~ircraft and Retardant. Use of aircraft of all types and retardant is a management decision; however, reimbursement to {he cooperating agency for such costs will be made only when prior approval for use on each fire has been obtained from the responsible official of the benefitting agency. ~laims. Any claim for personal injury or death occurring in con- sequence of the performance of this agreement is subject to the applicable laws and rc~ulations. ~ederal I)is~nter Act 1970..(PL 91-606). ~is agreement may be supplemented by the 9ederal Disas%er Act of 1970 (PL 91-606) should the adm. inistoring Federal Agency grant the State of Colorado assistance for a disagtrous fire situation. ~. Pther Conditions. The agencies participating in this agreement shall not be bound to make any expenditures under terms of this agree- ment except as funds are provided by the State, County, or by the Congress of the United States, or which may otherwise be made available. In connection with the performance of work under this contract all parties agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or National origin. The aforesaid provision shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. They further agree to post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the responsible officers setting forth the provisions of the nondiscrimination clause. All other parties agree to insert the foregoing provision in subcontracts hereunder, except subcontracts for standard commer- cial supplies or raw materials. This agreement and related operating plans will be reviewed annually on or before April 1 by participating agency repre- sentatives. The Colorado State District Forester will be responsible for setting annual date of the meeting. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom. The terms of this agreement do not apply to fires confined to structures. The United States shall not be liable to a cooperator or land- owner for any damage incident to the performance of such work. This agreement is subject to all existing laws and regulations and shall be interpreted to the extent possible to conform with such laws and regulations. If any clause is inconsistent with existing laws or regulations, that clause shall be revokable and the remainder of the agreement binding. This agreement becomes effective on the date signed by the last agency. The period of this agreement shall be from the date of execution until terminated by mutual agreement or on 30 days written notice from one party to the other. PITKIN COUNTY ~ha~rm~n, Cbunty Comissioners By Date County Sheriff U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE By Date Forest Supervisor COLORADO STATE FCREST SERVICE DistricSZForester ~ate, 77~'~,./ 7'/?z~. / U.S. DEPA, RTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT ~'~,4'~ ~ : ( /; < .,~ e.~.,, ~ate ~- ,~'- t-District Manager -