Prepared by: Jay Stalnacker, Boulder County Sheriff’s Office Allen Owen, Boulder District Forester, Colorado State Forest Service Reviewed by: Boulder County, Boulder County Sheriff's Office Colorado State Forest Service, Boulder District Arapaho-Roosevelt National Forests Bureau of Land Management, Front Range Fire Center National Park Service, Rocky Mountain National Park
TABLE OF CONTENTS
Purpose Statement
3
Participants and Wildland Fire Responsibilities
4
EFF
5
Incident Command System
6
Boulder County Office of Emergency Management/Emergency Operations Center
7
Resource Requests
7
Mutual Aid
7
Fire Suppression & Operations
8
PPE & Qualifications
9
Aircraft Use Provisions
9
Interagency Sharing of Communication Systems & Frequencies
10
Fire Prevention
10
Fire Restrictions & Bans
11
Fire Investigation/Law Enforcement
12
Reimbursement & Cost Sharing
12
Fuels Management & Prescribed Fire Considerations
13
Signature Page
14
APPENDIX Appendix A
Agreement for Cooperative Wildland Fire Protection in Boulder County
Appendix B
Intergovernmental Agreement for Participation in the Colorado Emergency Fire Fund
Appendix C
Colorado Cooperative Fire Management Agreement
Appendix D
Wildland Fire Emergency Response Fund Agreement (WERF)
Appendix E
Sample Cost-Share Agreement
Appendix F
Northern Colorado Front Range Fire Restriction Fire Ban Criteria
Appendix G
Personnel Directory
Appendix H
Communications Plans
2
PURPOSE STATEMENT The purpose of the Annual Wildland Fire Operating Plan (AOP) is to set forth the standard operating procedures, agreed-upon procedures, and responsibilities to implement cooperative wildland fire management on all lands within Boulder County.
Third party beneficiary The enforcement of the terms and conditions of this agreement and all rights of action relating to such enforcement shall be strictly reserved by the county and the signatories to this agreement; nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this agreement that any person receiving services or benefits under this agreement shall be deemed an incidental beneficiary only.
This plan will remain in effect until such time as the signed 2012 Boulder County Annual Operating Plan replaces it. If no changes are made, a statement letter with signatures of all parties to this AOP will be distributed.
3
I.
PARTICIPANTS AND WILDLAND FIRE RESPONSIBILITIES A. Boulder County Sheriff’s Office (BCSO) The sheriff is the fire warden of the county and is responsible for the planning for, and the coordination of, efforts to suppress wildfires occurring in the unincorporated area of the county outside the boundaries of a fire protection district, or that exceed the capabilities of the fire protection district to control or extinguish in accordance with the provisions of CRS sections 30-10-513. In the case of a wildfire that exceeds the capabilities of the fire protection district to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint a local incident management team to provide the command and control infrastructure required to manage the fire. The sheriff shall assume financial responsibility for the firefighting efforts on behalf of the county and the authority for the ordering and monitoring of resources. B. Arapaho & Roosevelt National Forest (ARF) and Pawnee National Grassland The ARF is responsible for all management activities on national forest lands. For this agreement, the primary role of the ARF is wildland fire management, where the protection of human life is the overriding priority. Setting subsequent priorities will be based on the values to be protected, human health and safety, and the cost of protection. The ARF will serve in a support role during structural fire protection operations and may assist in exterior structure protection measures where wildfires threaten improvements or where structure fires threaten wildland natural resources. C. Bureau of Land Management (BLM) In Boulder County, the ARF has initial attack and management responsibilities on BLM lands through a cooperative agreement with the BLM. Due to the complex interspersing of state, public, private, and BLM lands, the Boulder County Sheriff’s Office Communications Division may dispatch the initial attack resources as necessary and advise the Fort Collins (FTC) Interagency Dispatch Center if the fire is determined to be on BLM land. The ARF will advise the BLM of all fires on BLM lands, regardless of size. A BLM representative will respond when deemed appropriate by the BLM district office or when requested by the affected cooperators. For large wildland fires requiring extended attack, the BLM will coordinate with ARF fire personnel as soon as possible upon being notified. D. National Park Service (NPS) The NPS is responsible for all wildland fire management activities on Rocky Mountain National Park (RMNP) lands. The FTC Interagency Dispatch Center will normally dispatch and make initial attack on all wildland fires reported on RMNP lands and will also notify the Boulder County Sheriff’s Office Communications Division of any fires reported near or outside the park’s boundary. The Boulder County Sheriff’s Office Communications Division will notify the FTC Interagency Dispatch Center of any reported fire affecting or threatening RMNP. For fires on or approaching jurisdictional boundaries, the Boulder County Sheriff’s Office Communications Division will notify all potentially affected agencies. 4
E. Colorado State Forest Service (CSFS) The CSFS is the lead state agency for wildfire. The CSFS will, upon request, aid, support, and assist BCSO and/or federal agencies on wildland fires within Boulder County. The Boulder County Sheriff’s Office Communications Division will notify the CSFS of all wildland fires reported in Boulder County. Upon mutual agreement of the Boulder County Sheriff or his representative and the state forester or his representative, the CSFS will assume command responsibilities as specified under the provisions of the Emergency Fire Fund Agreement (EFF) when wildland fire(s) exceed(s) the capability of the county’s resources. When a fire is accepted by the state as an EFF incident, an incident cost-share agreement will be developed and entered in to by the CSFS and the respective jurisdictional agencies. F. State Emergency Fire Fund (EFF) The EFF may be used to assist counties with whom the CSFS has signed an Emergency Fund Contract Agreement for Watershed Fire Control and who have paid their latest annual assessment. The fund will be used only for approved wildfire suppression and control activities. The state forester, or his representative, is the only person authorized to approve and implement the fund. Boulder County is a participant in the EFF agreement with CSFS. As a participant to this agreement, the state agrees to come to the aid of Boulder County should suppression resource needs exceed the county’s capabilities. Boulder County will notify the CSFS Fire Duty Officer immediately should a wildfire incident occur which has the potential to exceed county capabilities. EFF fire incidents will be coordinated through the FTC Interagency Dispatch Center. When the CSFS No. 108A and 164 are completed, the district forester or his representative will contact the CSFS Fire Duty Officer or Fire Division Staff and relay the information collected. The district forester will also make his recommendation on whether or not the situation warrants implementation of the fund. The state forester may give his decision directly to the requesting district forester, or it may be relayed through the fire division or FDO. This decision will be documented in writing on the CSFS No.164, or attachments, as necessary. Upon approval of EFF implementation, the state forester will assign a CSFS Line Officer to the incident. When EFF is implemented, CSFS assumes responsibility and authority for all suppression activity until the fire is returned to county responsibility. The county shall nevertheless continue to make its maximum effort to provide firefighting resources from within the county (see Appendix B). All EFF fires will have a designated command structure consisting of, at a minimum, the Boulder County Sheriff (or designated representative) and a CSFS Line Officer. If land administered by another agency is threatened or involved, that agency will provide a representative to the Unified Command.
5
When a fire is approved for EFF implementation within Boulder County, the following minimum fire suppression forces will be maintained, as much as possible, throughout the duration of the incident: a. Local resources available to the county through mutual aid or contract basis, while still providing a minimal level of response for other, new incidents within that district and without jeopardizing the ability of the assisting agencies to mount a reasonable response within their own jurisdiction. b. Law enforcement and traffic control through the sheriff's office. c. Other county-owned equipment as may be available and as mutually agreed upon between the county and the CSFS Line Officer, given the specific conditions and needs of the incident. CSFS will transfer control of an EFF fire back to Boulder County when: fire spread is contained, the line officer's objectives have been met, and a written plan has been developed for the next operational period. The EFF fund can pay for water barring and reseeding control lines if authorized by the CSFS Line Officer and only when part of the Incident Action Plan during the EFF period. All other reclamation work must be funded by the landowner or other sources (see Appendix B). G. Decision Support Tools (WFDSS & WFSA, and DSS) Federal agencies are required to complete an appropriate decision support tool for all wildland fires that escape initial attack on federally-managed lands to determine the appropriate response. This is done via the Wildland Fire Decision Support System (WFDSS). This procedure requires federal agency administrator participation. CSFS requires that a DSS be completed for all fires that receive a Fire Management Assistance Grant and recommends a DSS is completed for all EFF fires. All agencies involved in extended attack on private and state lands should provide input on the DSS. The CSFS Line Officer will facilitate completion and review of the DSS for these fires. When a fire is burning, or threatens to burn, on multiple jurisdictions, one DSS should be prepared that considers all jurisdictions and their interests.
II.
INCIDENT COMMAND SYSTEM A. The parties to this operating plan will use the ICS system during all wildland fire operations that is consistent with the National Incident Management System (NIMS) Incident Command System. B. Unified Command is a unified team effort which allows all agencies with jurisdictional responsibility for the incident, either geographical or functional, to manage an incident by establishing a common set of incident objectives and strategies. 6
Wildland fires burning on, or adjacent to, a known or questionable protection boundary will be the initial attack responsibility of the protecting agencies on both sides of the boundary. Fires occurring in areas where structures are located nearby and in areas of multiple jurisdictions can cause significant safety as well as financial concerns. Agencies agree to coordinate suppression management through the use of a Unified Command or with Delegations of Authority from all jurisdictions to an agreed-upon incident commander. The initial attack Incident Commander(s) of the involved agencies shall mutually agree upon fire suppression objectives, strategy, and the commitment and funding of agency suppression resources.
III.
BOULDER COUNTY OFFICE OF EMERGENCY MANAGEMENT (OEM) & EMERGENCY OPERATIONS CENTER (EOC) The mission of the OEM during an EFF-declared fire is to “develop, coordinate, and lead a comprehensive emergency management program to enable effective preparation for, efficient response to, and effective recovery from, emergencies and disasters in order to save lives, reduce human suffering, protect resources, and develop a more resilient community.”1 The Boulder County OEM will activate and staff the EOC during any EFF-declared fire. The EOC will work in concert with the IMT in support of the incident on non-federal land. The EOC and IMT will cooperate, communicate, and share information as necessary. The IMT will provide the EOC with situation updates at an agreed-upon time.
IV.
RESOURCE REQUESTS The parties to this operating plan agree to coordinate all resource requests from cooperating agencies as follows: A. FEDERAL RESOURCES (ARF, BLM, NPS): Requests for federal resources, including all personnel and equipment, shall be coordinated through the FTC Interagency Dispatch Center. B. COLORADO STATE FOREST SERVICE RESOURCES: Requests for state resources shall be coordinated through the FTC Interagency Dispatch Center. C. COUNTY RESOURCES: Requests for county resources during initial attack shall be made through the Boulder County Sheriff’s Office Communications Division. Requests for county resources during extended attack shall be made through the FTC Interagency Dispatch Center. D. AVIATION RESOURCES: All federal and state aviation resources shall be ordered through the FTC Interagency Dispatch Center.
1
Boulder County Office of Emergency Management website. 4 March 2011.
7
V.
MUTUAL AID Mutual aid is defined as assistance provided by a supporting agency or fire protection district at no cost to the jurisdictional (protecting) agency. Supporting agencies will voluntarily, or upon request, take initial attack action in support of the jurisdictional agency. It shall be the responsibility of the agency performing initial attack to notify jurisdictional agencies if those lands are involved or threatened. The jurisdictional agency will not be required to reimburse the supporting agency for costs incurred for the duration of the mutual aid period, unless other arrangements are agreed upon per CRS 29-5-105 through 29-5-110. A. Mutual Aid Period: For fires occurring on federal lands, each agency or fire protection district will assume responsibility (regardless of fire jurisdiction) for its own expenses during the first 12 hours or until 00:00 hours of the first operational period, whichever comes first, unless otherwise agreed upon by the jurisdictional agencies. The beginning of the operational period is measured from the time of the initial dispatch, tone, or report of fire to a dispatch center. A separate 12-hour mutual aid agreement between the sheriff and Boulder County fire protection districts has been established for fires that occur on private and Boulder County public lands within a Boulder County fire protection district. B. Federal Response Zone: The Federal Response Zone is defined as any land within 2 miles of the accepted federal land management boundary. Agencies will respond upon request (or may voluntarily if adjoining land is threatened) to any other agency or fire protection district for the duration of the 12-hour mutual aid period within the Federal Response Zone.
VI.
FIRE SUPPRESSION OPERATIONS Initial attack is defined as the action taken by the resources on a wildland fire that are first to arrive at the incident. Extended attack is defined as the actions taken by resources on a wildland fire that has not been contained within the first operational period. Lightning-ignited fires within Rocky Mountain National Park or any wilderness area on the Arapaho-Roosevelt National Forest may be managed for resource benefit objectives. Fires within wilderness areas may employ a broad spectrum of tactical responses, which range from aggressive suppression to monitoring, commensurate with current and predicted risk, values to be protected, and land management objectives. Conditions under which this management strategy is used are well-defined and tightly constrained. The decision whether to employ this strategy will be made by the jurisdictional agency line officer. Cooperator resources responding to a fire within any wilderness area should proceed as normal and employ strategies and tactics to manage the fire by the most effective, efficient, and safest 8
means possible with the protection of human life as the overriding priority. The IC of such fires should immediately contact the jurisdictional agency duty officer, as per normal procedures.
VII.
PPE AND QUALIFICATIONS A. PPE: Each agency or department is responsible for providing Personal Protective Equipment (PPE) for their personnel in accordance with the NWCG PMS 310-Wildland and Prescribed Fire Qualification System Guide. Those not meeting this standard must clear the incident or be placed in a non-hazardous position and may not be eligible for reimbursement under the terms of this AOP agreement. The same criteria will apply for incidents that transition to extended attack. However, cooperating agencies may assist by supplying equipment on an incident. B. Qualifications: All personnel involved with wildland fire suppression on federal, state, or county incidents shall possess documentation of qualifications (incident qualification card, red card, or records) issued by their host or employing agency, department, or fire protection district and shall meet the minimum standards set forth in the most current version of NWCG PMS 310-1.
VIII.
AIRCRAFT USE PROVISIONS A. Parties to this operating plan undertaking initial attack may utilize aviation resources before land jurisdiction is determined when fire conditions and potential losses warrant it. Where possible, concurrence among potentially affected agencies will be obtained prior to dispatch. However, fire control actions shall not be hampered if agreement is delayed as a result of communication difficulties. The jurisdictional agency assumes responsibility for the costs of aviation resources under these circumstances. B. The Colorado State Legislature House Bill 02-1025 created the Wildfire Emergency Response Fund (WERF) to encourage the use of air tankers, helicopters, and crews for initial attack on state and private lands. This fund provides financial support to the county for the initial load from an air tanker, the first hour of helicopter rotor time (including pilot expenses), and the first two full operational periods for a hand crew. The fund does not cover transit cost for aviation resources not stationed in Colorado, lead planes, aerial observers (air attack), helitack crew time, or other associated overhead expenses associated with aircraft use. These additional costs are the responsibility of the ordering agency or county (see Appendix D). C. The Colorado State Forest Service’s Single Engine Air Tanker (SEAT) program is designated to make available to the cooperators a cost-efficient suppression resource. CSFS will rely upon cooperator requests to determine when and where the SEATs are placed under agreement. CSFS will be responsible for the carding of the ship and pilot, and all logistical and support arrangements. CSFS will cover the cost of pre-positioning flight time, standby, and any associated per diem expenses for local use under 9
predetermined pre-positioning criteria. CSFS will also be responsible for assuring the SEAT operates within all applicable FAA, USFS, and USDI-OAS regulations. Criteria for placing a SEAT on standby may include the following: no measurable precipitation for 14+ days, very high fire danger predicted, a holiday or other event expected to increase human-caused fires, or experiencing multiple fire starts. Once a SEAT has been placed on contract and staged along the Northern Front Range, the CSFS will keep the FTC Interagency Dispatch Center advised of any changes in status. The FTC Interagency Dispatch Center will disseminate this information to county, state, and federal agencies. Communication between the CSFS and the county and federal agencies will occur prior to committing to a change in status other than mandatory days off, normal shift periods, or non-scheduled maintenance. The Boulder County Sheriff's Office Communications Division will notify the agencies within Boulder County. D. Air reconnaissance and detection flights will be coordinated among cooperating agencies through the FTC Interagency Dispatch Center. E. The incident commander on each fire incident will be responsible for initiating any requests for airspace restrictions from the FAA. Such requests may be routed through the Boulder County Sheriff’s Office Communications Division or the FTC Interagency Dispatch Center.
IX.
INTERAGENCY SHARING OF COMMUNICATIONS SYSTEMS AND FREQUENCIES A. All agencies signing this agreement authorize use of their radio frequencies by other agency personnel for emergency purposes only. All agencies, departments, and fire protection districts which use ARF FM frequencies for tactical or command purposes (through the FTC Interagency Dispatch Center) must have radios programmed in “narrow band” mode to facilitate clear transmission and reception. B. Due to the complex interspersing of private lands within national forest boundaries, the Boulder County Sheriff’s Office Communications Division may make the initial dispatch for wildland fires reported within the national forest boundary. C. When incidents exceed initial attack on federal lands, the incident should implement the Fort Collins Zone Type 3 (T3) Incident Communications plan for tactical and command radio traffic. On Boulder County-managed incidents, the incident shall implement the Boulder County Communications plan for the period of initial attack. Once Boulder County-managed incidents transition into extended attack, communications will transfer to the Fort Collins Zone Type 3 Incident Communications Plan (see appendix H). The T3 communication plan uses standardized frequencies that are available to all agencies and departments in the FTC zone. A resource order should be placed with the FTC Interagency Dispatch Center as soon as possible for the portable command repeater. D. The Boulder County Sheriff's Office Communications Division shall be the primary agency for the initial attack dispatching of county resources, regardless of land jurisdiction.
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X.
FIRE PREVENTION A. Fire Danger Ratings, Fire weather forecasts, Fire resource status, RAWS observation and planning information are maintained by Fort Collins Interagency Dispatch (FTC) at: http://gacc.nifc.gov/rmcc/dispatch_centers/r2ftc/ B. Fire Danger FTC tracks daily fire danger ratings and staffing/action class predictions. Fire danger can be obtained from: C. http://gacc.nifc.gov/rmcc/dispatch_centers/r2ftc/DidxFindForm_jsp.htm this information covers the Fire Weather Zones within the FTC Dispatch area. Fire Danger Ratings are also broadcast daily (during fire season) by FTC over the Arapaho Roosevelt NF frequencies at approximately 1600 hours. For public information and updating Fire Prevention signs, NFDRS adjective classes will be used as follows: Low; Moderate; High; Very High; and Extreme. D. Fire Weather Fire Weather Forecasts can be obtained via: http://www.crh.noaa.gov/bou/firewx/fire_mainmap.php this information covers the Fire Weather Zones within the FTC Dispatch area, and is broadcast daily by FTC at approximately 1000 and 1600. E. Fire Resource Status The availability of FTC-Zone wildland fire resources (including aircraft) maintained by respective Agencies is available at: http://coftc.chicodev.com/location-report.php F. Remote Automatic Weather Stations Links to real-time RAWS observations are available at: http://gacc.nifc.gov/rmcc/dispatch_centers/r2ftc/FTCWeather.htm G. Interagency Coordination and Planning During fire season, FTC coordinates a conference call on Tuesdays at 1000 for Planning Levels 1 and 2, and daily for PL 3,4,5. Call FTC for phone number and access code.
XI.
FIRE RESTRICTIONS AND BANS Operational personnel from each of the cooperating agencies will determine the need for restrictions on open burning and/or area closures. Criteria for such restrictions or ban should follow the Fire Restrictions and Fire Ban Criteria found in Appendix F. Whenever possible, restrictions and closures should be coordinated among all cooperators. Unified restrictions are desirable. The FTC Interagency Dispatch Center shall be advised of any restrictions or bans placed upon any lands covered by this agreement. The intent of this section is not to restrict the authority of individual land management agencies from independently placing timely restrictions or bans deemed necessary.
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XII.
FIRE INVESTIGATION/LAW ENFORCEMENT A. The jurisdictional agency will determine as soon as possible the origin and cause of all wildland fires on their respective lands. B. As a condition precedent to entering into this agreement, and to maintain eligibility for continuing participation in the EFF throughout the term hereof, the county agrees that in the event of a human-caused fire, the sheriff of said county shall conduct an investigation as to the cause of such fire and will provide the state forester a copy of the preliminary investigation report within 30 days of control of the fire, and a final report upon the conclusion of that investigation consistent with state law. The county sheriff shall have administrative and financial responsibility with respect to the conduct of the investigation. For the purposes of fire restrictions, bans, and other law enforcement needs, the ARF and the BCSO will act under the auspices of local Sisk Act Law Enforcement Cooperative Agreements. The NPS Superintendent shall act under the auspices of Title 36 CFR. During fire restrictions and bans on BLM lands, BLM may employ BCSO or ARF personnel to assist in the enforcement of closures. BCSO will enforce state and/or local restrictions and closures affecting state, public, and private lands.
XIII.
REIMBURSEMENT AND COST SHARING In a separate document, the Boulder County Sheriff’s Office will identify a process and procedure for reimbursement of cooperators not identified in this agreement. On EFF-declared fires, reimbursement requests from cooperating agencies will be made to the Colorado State Forest Service. All CSFS cooperators subject to CSFS reimbursement will have invoices sent to the CSFS Fire Division within thirty days after incident resources are released. Invoices are required to have proper documentation supporting those expenses before the process for payment can be completed. Current CSFS reimbursement procedures will be followed. Cost-share agreements shall be prepared when an incident burns across or threatens jurisdictional boundaries. The intent is to distribute the financial burden based on a method agreed upon by a representative from each affected jurisdiction. A cost-share agreement should be negotiated as soon as practical. For wildland urban interface (W/UI) fires involving structures, the distribution of costs should be commensurate with the values protected. During fires that threaten private lands and structures, cost of jurisdictional fire suppression and support resources are borne whenever possible by the jurisdictional agency, department, or fire protection district in which the structures and/or fire is located. A cost-share agreement (see Appendix E) may be developed to allow for reimbursement if agreed upon by all authoritative parties. Generally, agencies that elect to not fully suppress an ignition with the intent to manage the fire for other objectives are responsible for all cost associated with that fire after the 12 hour mutual aid period ends. 12
XIV.
FUELS MANAGEMENT AND PRESCRIBED FIRE CONSIDERATIONS A. Agencies agree to cooperate in the development and implementation of prescribed burning programs and projects. All cooperators will notify both the Boulder County Sheriff’s Office Communications Division and the FTC Interagency Dispatch Center, along with the jurisdictional authority, prior to any prescribed fire activity. B. The agency lighting any prescribed fire is responsible for that fire. In the event of a wildland fire declaration, the mutual aid response principles will apply. If interagency resources must be directed to the control and suppression of that fire, it is agreed that the agency initiating the prescribed fire will be responsible for all suppression costs.
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This 2011 Annual Wildfire Operating Plan is agreed upon this date by:
__________________________________
______________
Joe Pelle, Sheriff Boulder County
Date
__________________________________
______________
Glen Casamassa, Forest Supervisor U.S.F.S. Arapaho-Roosevelt National Forest
Date
__________________________________
______________
Allen Owen, Boulder District Forester Colorado State Forest Service
Date
__________________________________
______________
Vaughn Baker, Superintendent N.P.S. Rocky Mountain National Park
Date
__________________________________
______________
Keith Berger, Field Manager Bureau of Land Management
Date
__________________________________
______________
Ben Pearlman, Chairperson Boulder County Commissioners
Date
14
CSFS 109 Rev, t2/98
COOPERATIVE WILDFIRE PROTECTION COUNTY AGREEMENT IN
Table of Contents Page A.
Authorities.........................................................
Purpose ........... ............. ..................... .... .......... 2
B.
2
C.
Definitions.......................................................
D.
planning ... .................. ..................... ..... ....... .....3
E.
Organizing, Equipping, and Training ..... .......................... ...... 3
F.
Wildfire Prevention ........ .......................... ..... ........... 4
’.
............................................... H.
Wildfire Suppression ........ ............... ................ ...... ....5
I.
Reports ........... .................................... ...... ......... 6
I.
Prescribed Burning .................................................. 6
K
.
Payments .......................................................... 7
L.
Other Conditions ......................................... ........ ...9
M.
Signatories........................................................
ANNEX Attachment #1--Special Provisions .....
............... ............. ... ------ A-i-I
Attachment #2--Definitions ............................................... A 2 I
_
AGREEMENT fbr
COOPERATIVE WILDFIRE PROTECTION This Agreement is made by and between Caunty, Colorado uLb.R. acting through the Board of County Commissioners and the County Sheriff of said County, hereinafter referred to as the County, and the State Board of Agriculture of the state of Colorado, acting through the Colorado State Forest Service of Colorado State University, hereinafter referred to as the State. A. AUTHORITIES: County: 1.
1973 C.R.S. as amended: 23.30-305 30-10-512 30-10-513 30-11-107(o) 30-28-136
Cooperation by counties Sheriff to act as fire warden Sheriff in charge Powers of the Board Planning referral and review
State: 1. 1973 CRS. as mended: 23-30-202 23-30-203 23-30-204 23.30-206 23-30-301 23-30-304 23-30-307 23-30-308
Powers and duties of State Board of Agriculture Cooperation with governmental units Forest fires--sheriff to report Cooperative agreements Legislative declaration State responsibility Limitation of state responsibility Emergencies
2,
42 U.S.C. 5187. Federal Disaster Relief Act, Section 417 of 1974 (Pt.. 93-288)
3
16 U.S.C. 2101-2111. Cooperative Forestry Assistance Act of 1978 (P.L. 95-3 13)
B. PURPOSE: cSFS 109 12196
Page 1 of 10
WITNESSETH: WHEREAS, the County is responsible for controlling and extinguishing wildfires in the County, and WHEREAS, the County is authorized to cooperate in the organizing, training, and equipping of rural firefighting groups and is responsible for controlling and extinguishing wildfires, and WHEREAS, the State has responsibility to provide for protection from wildfires, assist and aid the County in extinguishing fires, and may assume County fire control duties with concurrence of the Sheriff, and WHEREAS, the State may maintain or have access to additional specialized wildfire expertise and suppression resources, and WHEREAS, it is to the mutual advantage of the County and State to work closely together to build and maintain effective wildfire defenses without duplication, and to coordinate efforts with federal cooperators, and WHEREAS, the County and State desire to define their roles, responsibilities, and relationships to achieve the most effective protection of forested, prairie, and/or brushcovered watershed Lands, and WHEREAS, it is desirable for County and State resources to be able to assist in suppressing wildfires on federal Lands, and for federal resources to assist in the suppression of wildfires on state, county, and private lands which the County and State are committed to protect, and WHEREAS, the State is able to expedite the coordination of County-State-Federal wildfire protection efforts. NOW THEREFORE, in consideration of the above premises, the County and the State agree as follows: C. DEFiNITIONS: Definitions of special terms used in this Agreement are shown in Attachment 2 which is part of this Agreement.
CSFS 109 re v. 12M
Page 2oflO
L
Annually, prior to the initiation of wildfire season, representatives of the County, State, federal agencies, and others deemed necessary shall jointly prepare, review, update, and distribute the Annual Fire Operating Plan. The State will asange the date and location for the first meeting each year. The plan shall be approved, dated, and signed by authorized agency representatives of the County, State, and other applicable cooperators, by no later than May 1st, and shall be considered a part of this Agreement as Attachment 3. The County and the State will maintain a working relationship to assure that long range planning, training, and equipment needs are adequately addressed.
E. ORGANIZING, EQUIPPING, AND TRATh1G: The County will: Cooperate in the organizing, training, equipping, and maintaining of wildland firefighting forces in the county. b. Reimburse the State for State costs of equipment ordered by the County with the exception of State fire engines assigned in the county by the State as specified in such Cooperative Service Agreements. 2. The State will: a. Assist the County in the organizing and training of County and cooperator forces to detect, contain, and extinguish wildfires at no charge. b. Assist the County in the procurement, inspection, and arrangements for maintenance of major wildfire equipment items at previously agreed upon costs, Make wildfire tools and small equipment available to the County and cooperators at STATE cost. Extend the benefits of state cooperative wildfire program assistance to the County to the extent of available funds and/or excess personal property, provided that in no case shall any direct federal financial assistance exceed one-half the total expenditures of the County during the period for which assistance is given. The County Sheriff and State District Forester will mutually agree upon the locations of any State wildfire equipment prior to its assignment or reassignment in the county. CSFS 109 rev. 2/96
Page 3 of 10
F WILDFIRE PREVENTION: The County will: a. Confer with the State Forest Service about the need for fire restrictions and upon determination for that need recommend to the Board of County Commissioners the need for an appropriate County Resolution. b. Participate, as outlined in the Annual Fire Operating Plan and County Resolutions to the extent of available resources with cooperators in unified law enforcement efforts to enforce any burning restrictions or public movements because of extreme lire danger. c. Will use the Interagency Fire Restriction and Fire Closure Guidelines in determining the need for fire restrictions. d. Send plats of proposed developments in rural areas to the applicable State district office for review and comment about the development’s wildfire hazards and protection needs. 2. The State will: a. Confer with the County about the need for fire restrictions, and upon determining the need for restrictions on open burning and/or public to County Sheriff the imposing or lifting of restrictions for burning and/or public movements. b. Provide prevention efforts and available state materials on hand at no cost to the County. Provide additionally requested materials at State cost to the County and cooperators c. Review proposed development pints received from the County for wildfire hazards and protection needs, and provide written comments about such to the County. Both the County and State will coordinate public fire prevention messages provided to the mass media as outlined in the Annual Fire Operating Plan. G. WILDFIRE DETECTION/NOTIFICATION: The County Sheriff, or designee shown in the Annual Fire Operating Plan, will accept all notifications of possible wildfires and immediately inform appropriate CSFS 109 rev. 12196
Page 40f 10
authorities of same or dispatch firces to verify the existence of wildfire and/or to suppress wildfires. 2.
The State will immediately forward all notifications it receives of possible wildfires to the County Sheriff, or designee shown in the Annual Fire Operating Plan, fbr action.
H. WILDFIRE SUPPRESSION: 1. The County will: a. Upon receiving notice of wildfire in the county from any source, notify the appropriate agencies or dispatch necessary initial attack forces available within the county to suppress the incident as outlined in the Annual Fire Operating Plan. b. Make, ensure and/or supervise initial attack resources on wildfires on lands of its jurisdictional responsibility, including any state or federal lands as shown on maps which are apart of the Annual Fire Operating Plan. c. Notify the State as soon as practical of the existence of uncontrolled wildfires within the County, according to the Annual Fire Operating Plan. d. Have the County Sheriff, or his designated representative, assume the County as outlined in the Annual Fire Operating Plan. e. Establish and/or participate in unified command post operations on wildfires within the County as outlined in the Annual Fire Operating Plan. County participating agencies are outlined in the Annual Fire Operating Plan. f Request needed wildfire suppression assistance according to the Annual Fire Operating Plan. 2.
The State will: a. Maintain knowledge about locations and availability of state and federal wildfire suppression resources for use by the County. b. In exercise of reasonable discretion and available finds, respond to all requests from the County for state or federal wildfire suppression assistance, and aid, support and assist the County in its suppression efforts as necessary.
CSFS 109 rev. 12/Se
Page 5 of 10
c. Implement State cooperative service agreements in the county under terms of such cooperative service agreements. Both the County and the State will take aggressive actions to suppress all wildfires occurring within the county, including boundary fires, as outlined by the Annual Fire Operating Plan and appropriate land management agency policies. Both patties agree that the intent and primary concern of Section H is the extinguishing of wiLdflres, and neither party will delay extinguishment efforts while deciding ultimate responsibility for such fires, I. REPORTS: The County will: a. Maintain records for a period of at least two years of wildfire incidents occurring within the county on state and private lands outside incorporated areas -
b. Report to the State on forms provided by the State wildfire statistical and expenditure information, or make wildfire suppression information and records available to the State during normal business hours. 2.
The State will: and transmitting statistical wildfire information. b. Maintain statewide records of wildfire statistics and disseminate the totals.
J. PRESCRIBED BURNING:
CSFS 109 rev. 12M
1.
The County will endeavor to stay informed about all prescribed burning being conducted in rural areas of the county.
2.
Each party will notify the other in advance, as outlined in the Annual Fire Operating Plan, the locations and times of prescribed burns it plans to ignite in the county and will, to the extent practical, cooperate with the other party in the scheduling and ignition of prescribed burns.
3.
If one of the parties to this agreement is executing or directing the prescribed burning, that party is the financially responsible party for controlling any escape of the fire
Page 6oflO
4.
First initial attack on prescribed burning escapes will be made by forces doing the burning. They will also immediately notify the County Sheriff or designate outlined in the Annual Operating Plan of such escape and actions. The sheriff will proceed with fire suppression measures as outlined in the Annual Fire Operating Plan. Either party or its cooperators may take appropriate but coordinated suppression action when lands under its protection jurisdiction are involved in or threatened by the escaped fire. Such suppression action may either be taken on the agency’s own initiative or at the request of the responsible party. Either party may respond at the request of the responsible party when its jurisdictional lands are not involved in or threatened by the fire.
xdj-fli Except as outlined in paragraph 3 of section .1 above, payment of the cost of suppressing and extinguishing wildfire will be as follows: 1. The County will: a. Be responsible fix paying all fire suppression costs as outlined in the Annual Fire Operating Plan.
b. Not re9.uest or expect reimbursement fivro the Colorado State Forest Service for any expenses incurred by the County or cooperators for wildfire suppression on state county, or private lands, unless provided by a cooperative service agreement between Colorado State Forest Service and the County, or provided by appropriations to the Colorado State Forest Service. Aggregate all County and Local cooperatorjeimbursableexpenses incurred to suppress fires qn federal-esponsibiliuyiands, as outlined in the Annual Fire Operating Plan, and invoice the State for reiro0mrsement of federal funds. Offset and/or reciprocal fire protection service expenses will be excluded. The County agrees to consolidate all such expenses and supporting documentation by incident. d. Upon receipt of State invoice, reimburse the State for all its valid non-salary fire suppression expenses incurred by the State at County request and all reimbursable fire suppression expenses paid by the State to federal cooperators for their requested assistance to the County. The State will: MW
CSFS 10$ re!. I215
Page loflO
a. Be responsible for paying all State salaries expended in suppressing Countyresponsibility fires. b. Not request or expect reimbursement from the County for costs of State salaries expended in suppressing County-responsibility fires c. Aggregate all non-salaried expenses incurred by the State and all reimbursable payments made by the State to the federal government for suppressing County-responsibility incidents, as outlined in the Annual Fire Operating Plan, and invoice the County for reimbursement. Offset and/or reciprocal fire protection service expenses will be excluded. The State agrees to consolidate all such expenses and supporting documentation by incident. d. Upon receipt of County invoice, reimburse the County for all actual and valid County and local fire expenses incurred while suppressing federal. responsibility fires as outlined in the Annual Fire Operating Plan. e. Process all County and State reimbursement requests for federal disaster fires, and transmit to the County its share of any funds made available for reimbursement of disaster fire costs. 3.
The terms of any special cooperative service agreement, such as the Emergency e FundContract, ineffectatthe sima of an incident will be used to offset or reduce State or County expenses before any request r reimbursethit is
4.
Requests for reimbursements and notices to be given under this agreement shall be made to: County:
State:
Colorado State Forest Service 203 Forestry Building Colorado State University Fort Collins, Colorado 80523
L. OTHER CONDITIONS;
1.
cSFSIOS
ia
This agreement is the current basic wildfire protection agreement between the County and the State. It serves as the foundation fbr other special cooperative Ore agreements or cooperative service agreements between the County and the State. Page Cof 10
.
3
This agreement provides the link to County-State-federal cooperation for wildfire protection as outlined in current cooperative fire agreements between the State and the various agencies of the federal government. Both parties will mutually seek ways to continue and improve wildfire protection
capabilities within the county through new programs, cooperative service agreements, and other cooperative activities. 4.
The parties will work to adapt and use the National Interagency Incident Management System’s Incident Command System (ICS) to manage wildfire suppression operations by state and county forces. Both parties will encourage and promote implementation of ICS by cooperators.
5.
This agreement does not commit or obligate either party regarding vehicular or structural fires. However, this agreement shall apply to such fires during
conflagrations which also involve wild or rural lands.
csFs 100 rev. 12d98
6.
Both parties will abide by contractual regulations of the State Controller shown as Attachment 1. For the purpose of this Agreement for Cooperative Wildfire Protection; references in Attachment 1 to contract will mean agreement, and references in Attachment ito cQntmactorwill mean cooperator or County. As to any conflict between this agreement and Attachment 1, term of Attachment 1 will prevail.
7.
This agreement and its amendments may be terminated by either party upon at least 60 calendar days written notice to the other party.
Page 9of 10
become effective on the last date signed below. BOARD OF COMMISSIONERS OF
BaLk L-4f K
-
By
COUNTY, COLORADO ____
Chairman
Date
41
County Clerk (SEAL)
q RCSW4EJ. COUNTY, COLORADO By
1Date1
STATE OF COLORADO STATE BOARD OF AGRICULTURE COLORADO STATE FOREST SERVICE
AP
By
4-1’;tr-6L
State Forester
APPROVAL OF STATE PARTICIPATION STATE CONTROLLER
CSFS1O rev. 12M
Date
RevicwApprova1
Byf
(JL
University Co4ntracts Manger
Date
FAE
- 5f7 / ni
Page 10of 10
"
INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE COLORADO EMERGENCY FIRE FUND
Between COUNTY OF BOULDER, STATE OF COLORADO
And
STATE OF COLORADO: BILL OWENS, GOVERNOR THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM COLORADO STATE FOREST SERVICE
IN ACCORDANCE WITH 2004 Colorado Revised Statutes, as amended: 23-30-101 Board of Governors of the Colorado University system; 23-30-Ill Cooperation with other agencies; 23-30-202 Powers and duties of Board of Governors of the Colorado State University System; 23-30-203 Cooperation with governmental units; 23-30-204 Forest fires * duty of sheriff to report; 23-30-304 State responsibility determined;. 23-30-305 Cooperation by counties; 23-30-306 Sheriffs to enforce; 23-30-307 Limitation of state responsibility; 30-10-5 12 Sheriff to act as fire warden; 30-10-513 Sheriff in charge of forest or prairie lire expenses; 30-1 l-107(1)(o) Powers of the hoard.
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and between the BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, actinS by and thmueh Colorado State University "University"), for the use and benefit of the COLORADO STATE FOREST SERVICE (CSFS"); and the COUNTY COMMISSIONERS ihr the County of Boulder, and tbr the Sherifiof said county (hereinafter referred to as "The County").
\V[F NESS:ETH In ccnstderatjort of the mutual benefits and promises contained herein, the Parties hereby agree as follows:
I. PURPOSE The purpose of the Intergovernmental Agreement ftr Participation in the Colorado Emergency Fire Fund (EFF) is to: establish the County’s basis for participation in the Emergency Fire Fund to provide for payments from the County to the Fund; and describe the conditions under which the Emergency Fire Fund will be managed.
II. EFFECTIVE DATE This Agreement shall be effective as of the date that it has been fully executed by all Parties herein below ("Effective Date"), but in any event, the County shall have no right to submit any claim to the State Forester for EFF funding until: the County has timely paid to the CSFS the full amount of its contribution to the EFF as set forth in Attachment C, for the agreement year in which the claim arises; and has updated and signed a county Annual Operating Plan by May 1 of each year. This Agreement shall continue for a term of five (5) agreement years unless either party elects to terminate the Agreement at the end of any agreement year, with such termination to he conditioned upon 60 days prior notice to the other party. An "agreement year" is May I through April 30 of each year. III. WILDFIRE PROTECTION A. Prior to entering into this Agreement, the County shall have entered into a valid and current Agreement for Cooperative Wildfire Protection (the "Cooperative Agreement") A true and correct copy of the current Cooperative Agreement shall be attached hereto as "Attachment A" and is hereby incorporated and made a part of this Agreement. B. As required in the Cooperative Agreement, the County and CSFS shall jointly develop, review, and sign an Annual Operating Plan (AOP) before May I of each year with all cooperating agencies having wildfire suppression responsibilities within the County. Failure to complete the AOP by May I of any year during the term of this Agreement shall result in the automatic suspension of the County from EFF participation unless the County has requested, in writing, and received approval by the State Forester, a 60 day extension olthe May I date to complete the AOP, stating the specific reason(s) for the extension. The State Forester shall, in his or her sole discretion, approve or deny the reque s in writing. Once completed, the AOP shall be made a part of this agreement and attached as Attachment B. Intergovernmental Agreement for Emergency Fire Fund Rev S2OO6
2
l!" ’UV R( EN, CY lIRL FU ic
Fire Fund (EFF or
[aad") has been established ha ouch the other enlifies cnienjiginto h’;e C SI’S. he FIT is inairitaincd as awacCOLnt oft Colorado State University, under the fiscaln.a:’..’.’u.’ot of the St uc 1’arc.’r. P.t’. iv’ats hem the [[F account shall he auik 5, - :i applicable Lu S ’Li ietu:ittag U) Lflt te SL ate University bids, i cludioc, but not lIiilltLJ to, the State Ficai Rules. The State I’OrL’cter is d. ioaat-d as the 1lui uuai-.:-r of dl Such hIRJUICS ei\ ed and all interest accrued in the HI’. No tipper limit shall he placed oil the .iuoi,nt of fund,s in the H F, and funds may ucciounlate from year to year. aL
’r
LO1J
(
I’Li(
B. -\n c-stinute of the annul [[F assessment. will he provided to the County for hu.b’,et planr.ina purpo;cs in \igust of each year during the term of this Agreement An invoice \V ill he SLIbIllitted to the County in December of _’acii year for the following year’s participation in the H F The C ’oantv sl,uil make pu\mcit to: Colorado State University Cashier, Attn: State Forest Service [[F Account, Colorado State Forest Service, 5060 Campus Delivery, Fort Collins, Colorado 0 5 23.5000, on or hciuc Match IS of each ’ear. Current annual calculation Of the County assessnient is ShOWn in Attachment C to this Agreement.
.\dniiuiti :tion of the El’ F including annual reports will be reviewed annually C. an advisory committee composed of the State Forester, three county commi siuners, three county sheriffs arid two Fire Chick, each representing different participating coutiUcs in the E.FF (the ’’[[F ac!vbtrv conititittec’’). County commissioner neniheis will be decimated by Colorado C&’ar,ncs, Inc,;-’Fe ifi he County Sheriffs o1C’l’adL; - i’d Fire Chici\ by Colorado S’at’’ [in., Chiefs Association. The [[F advisory comnntec shall thhkc recommendations to the State Forester regarding natters iei.iling to the Fund, including recwnnicnded annual assessments for subsequent years. Final decision making authority over fiscal management matters shall reside with the State Forester on behalf of the Counties collectively D. The CSF S shall make distribution of these funds only upon direction of the State For aster or his desience and will be subject to the "Emergencies" provisions of the State Fiscal Rules (Rule 2-2). Disbursements shall be limited to such expenditures incurred in controlling a designated wildfire as are c i thin the then-current, unencumbered balance of the Fund. F. All 1 FE participants shall pay annual assessments as invoiced. Any new participant entering into an [FE agreement with the CSFS shall become eligible to receive benefits from the [[F, after remitting its ascssment, on a pro rata basis as follows: Year 1 of participation in [[F: 50 of eligible control costs Year 2 of participation in El-F: 75t of eligible control costs Year 3 ot jurncpaticn in Li 1 : IUU’’o OtC;tieiLdC control Luk
Intergovernmental Agreement for Emergency Fire Fund R,’t’ 5-2006
If at any time during the tenn of this .Agreement the EFF becomes depleted, or F. has insufficient funds to meet the expected needs of the Fund, the State Forester will make every rea’onable ettbrt to obtain additional fends by rcquestintt the Governor to make additional finds a. aileble. Should the State Forester he unsuccessful in elfin Is to obtain additional fundina, fire control costs \V iii remain the County’s responsibility, G. Failure of the County tO make payment into the EFF by .\lareh 15 of each year shall he a breach of this Ae,reerict. in the e cut of a broach by a county, if such breach is not cured vdthni 30 das alter itten notice by CSFS, then CSFS may immediately terminate this agreement. The County will not he eligible for EFF benefits arising from fires that occur while the county does not have a valid EFF agreement or is in breach. All funds deposited into the EFF will remain ri the Fund until expended for eligible control costs on an EFF designated fire(s). The State Forester will provide EFF participants an annual financial report H. identifying fund expenditures, encumbrances, and available balance. This report will be included with the annual invoice to participants. 1. The EFF shall be subject to various audits under current audit standards, rules and practices of the State of Colorado and the University. J. The EFF Counties may terminate this Agreement effective at the end of an ’agreement year" provided that 60 days notice of intent to terminate is provided to the State Forester in writing, as addressed in Section 11 Effective Date" above. Such notice of intent to terminate must include a statement that the termination is the decision of the majority of the participating EFF Counties. In the event that the Agreement is terminated by the majority of the participating Counties, the EFF shall cease operations, and any tm -obligated funds, including any accrued interest, remaining after all obligations of the fund have been paid will be returned to the participating counties and other entities, prorated on the sole basis of the payments made to the fund in the most recent year.
V. EFF IMPLEMENTATION A. The County will make every effort to control lire(s) upon non-federal lands within the County with resources available within the County. In the event that the County and the CSFS mutually agree that the fire(s) threatens to spread, or has spread, beyond control capability of the firefighting resources within the County (as outlined in the County’s Annual Operating Plan), the State Forester (or his authorized designee) and the authorized County representative shall sign a Delegation of Duty giving the State Forester command responsibility for the fire(s). Once command responsibility has been assumed by the CSFS, the County shall nevertheless continue to make its maximum effort to provide firefighting resources from within the County. B. When a fire can again reasonably be managed by the County with resources available to it, cuiirivaud i epurisibiiity for incident management and for payment of all fire control costs will be returned by the State Forester to the County. No expenditures made by the Intergovernmental Agreement for Emergency Fire Fund Re 5-2006
4
County prior to assumption by the State Forester or alter return to the County, will be eligible for payment by the EFF, without express prior approval of the State Forester. VI. FIRE CAUSE DETER.1INAT1ON As a condition arecedont to coronae into this Agreement, and to eligibility for A. cc ntinui ng participation in the EFF throughout the term hereof, the County agrees that, in the event of a human-caused fire, the Sheriff of said County shall conduct an investigation as to cause olsach fire and will provide hc State Forester a copy of the preliminary investigation report within 30 days of control of the lire, and a final report upon the conclusion of that in\ estication consistent with State Law, The County Sheriff shall have administrative and financial responsibility with respect to the conduct of the investigation. VII, ADDITIONAL PROVISIONS A.imliancc\vith laws,Reculathins and urernents, Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, rules, and orders, A.iennient. Neither party shall assign or transfer any interest in this Agreement, B. nor delegate any of its obligations, nor assign any claims for money due or to become due to a party, without the prior written approval of the other party, C.
Default; Termination,
A party will he considered in default of its obligations under this 1. Agreement if such party should fail to observe, to comply with, or to perform any term, condition, or covenant contained herein and such failure continues for thirty (30) days aficr the non-defaulting party gives the defaulting party written notice thereof. A default not cured within such period shall he a material breach if it is substantial and significant and affects the rights of the non-breaching Party or its ability to perform any of its obligations. En the event of a material breach, the non-breaching Party, upon written notice to the defaulting Party, may terminate this Agreement as of the date specified in the notice, and may seek such other and further relief as may be provided by law. 2, This agreement may he terminated by a participating EFF County, without cause, upon 30 days advance written notice, Such termination shall have no effect on participation by other parties, and the terminating County shall not be entitled to a refund of any funds it has paid into the EFF. Rindinq Natu ie : E ntire A greenient\Vaiver. Except as herein provided, this D. Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. None of the terms or conditions in this Agreement shall give rise to any claim, benefit, or right of action by any third person not a party hereto. Any person or entity, other than the CSFS or the County. receiving services or benefits under this Agreement or shall be deemed only an incidental beneficiary. This Agreement is executed and delivered with the understanding that it constitutes the entire agreement between the parties with Intergovernmental Agreement for Emergency Fire Fund Rev. 5-2006
5
respect to the subject matter hcrcof and that there are no prior representations, warranties, or aCreenie:its, oral or written, relating hereto. The failure of either party to insist upon performance of any covenant Cr ccrtdition hereof apon one or more occasions shall not constitute a waiver thereof. I oln’mts rli f-ai C! r 1 n: n F. nendrnent to this Aereemeni v hall be effective unless made in riting and signed by the authorized representatives of all parties hereto.
Notices.AU notices required to be given under this Agreement shall be deemed F. delivered by certified mail, return receipt, or on the next business day following given hen delivery by facsimile transmission if confirmation of the fax transmission is made by telephone, to the designated representatives of Party to whom it is directed. A Party may change its designated representative or address at any time by written notice in the same manner as for any Whet‘ notice. The initial representatives of the parties are as follows: \\
CS ES:
COUNTY:
State Forester 5060 Campus Delivery Colorado State University Fort Collins, CO 805235060 Tele: (970) 4916303 Fax: (970) 491-7736
[Namel [Title] [Address] [Address] [Phone] [Fax]
Office of the General Counsel
o i Administration Building 0006 Campus Delivery Colorado State University Fort Collins, CO 80523.0006 ide: 970491-6270 Fax: 970-491-2 118 and: University Controller Business & Financial Services 6003 Campus Delivery Fort Collins, CO 80523-6003
Intergovernmental Agreement for Emergency Fire Fund Rev. 52OO6
6
Venue.ny legal action arising under this Agreement shall be filed and tried, if G it all, in the Colorado District Court in and for the City and County of Denver. State of’ Colorado. rflu$ The captions and licadins used in the Agreetnent are for identification only, and will be disregarded in any construction of the contract provisions. If any portion, clause, paragraph, or section of this iii be determined to be invalid, illegal, or without force by a court of law or ,\ieeweI11 rendered so by kis!ative act, then the remaining portions of this Agreement will remain in full force and effect. Nof3cneIieial Interest. The signatories aver that to their knowledge, no state I, employee has any personal or beneficial interest whatsoever in the service or property described herein. Ability to Contract. Each party represents, to the other, that it is not subject to J. any restrictive obligations imposed by any other contract or agreement that would impair its ability to perform its obligations hereunder. Resolution ofDisaoreements. Should disagreement arise on the interpretation of K. the provisions of this Agreement that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution, failing which, a party may seek legal or equitable relief under applicable law. VIII. SPECIAL PROVISIONS The following Special Provisions are required by law to be contained in every flit ergovernm ental Agreement of the State of Colorado. Any conflict between the Special Provisions and any other provision of this Agreement shall be resolved in favor of the applicable Special Provision.
SPECIAL PROVISION (For Use Only with Inter-Governmental Contracts) 1. CONTROLLER’S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
2. FUND AVAILABILITY, CRS 2430-202 (55),
NOCMNtrICATlON. To the e.teut authuiaed by ftw, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
Intergovernmental Agreement for Emergency Fire Fund Re 5-2006
7
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 2410-101 et seq. or the Fcdcral Tort Cairns Act, 20 USC. 2671 ci seq, as opplicohe, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 8012 . THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT COIN] RACTOR AND NOT AS AN EMPI, OYEE NEITHER THE CONTRACTOR NOR ANY AGENT CR EMPLOYEE OF THE CONTRACTOR SHALL BE CR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY ’/INEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN, CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS’ COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS, 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW, The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extrajudicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION Governor’s Executive Order D 002 00. No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer software in violation of United Slates copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 2418201 & CRS 2450-507. The signatories over that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Issued by the Stale Controller’s Office Cafe Issued: 711174 Rule 34 Date Revised. 811105
Intergovernmental Agreement for Emergency Fire Fund 5.2006
8
IX. AGREEMENT EXECUTION The jartits hereto, as evidnowd by their thed sieudtures llow, have executed, and hereby cuteiLd into, this agccment upon the last date of dgnatures below, Upon signature of the (Th!ntv and (’Ti hc a’mut ayesaW all prhr a tcimiitc and unler in gc rintd to not hunted the subject matter hercot, including (but to) the previous agreement entitled "Emergency Fund Contract Agreement For Forest And Watershed Fire Control" and suhseucnt amendments to that agreement, be1& ecu the County and CSU
Interovernmental Agreement for Emergency Fire Fund Rev. I2OO6
9
IN WITNESS \\’I IEREOF, TILE PARTIES hERETO HAVE EXECUTED THIS INTERGOVERNMENTAL AGREEMENT BOULDER COUNTY, COLORADO:
STATE OF COLORADO: BILL OWENS. GOVERNOR
Board of (’aunt Commissioners: /( I3y– rhaiv n
Ben -earrnar’
Chair, Board of County Commission e rs Prim Name & Title of Authorized Officer V*’’
Board of (Th). crnoi s of the Colorado State -’nv,-cr -siLy Svtcm, acting by and throtqdh Colorado State University: / -
7
/;y --JEFF JAIINKE State Forester
ATTEST. (SEAL)
7 CokintvCIerk ;,
SUFFICIENCY: DEPARTMENT OF LAW John W. Suthers Attorney General /
County Sheriff: University Contracts Counsel
BySheriff BOULDER COUNTY SHERIFF’S OFFCE
ALL CONTRACTS MUST BE APPROVED ALIMINISI-RATK)N DIVISION BY THE STATE CONTROLLER 1777 6TH STRF1 BOULOER, Co 80302 CRS 24-30202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER: LESLIE M. SIIENEFELT
Date
Interovernmental Agreement for Emergency Fire Fund Rev, f2OOo
It)
COLORADO EMERGENCY FIRE FUND AGREEMENT FOR FOREST AND WATERSHED FIRE CONTROL
ATTACHMENT C Annual assessment to the County for participation in the EFF will be determined by the following factors: $0.0000165 times the most current assessed property valuation as published in the State of Colorado Division of Property Taxation Annual Report ($5,83 7,190, 000); plus $0.0075 times (0.8715456).
$.0075
within the County x reduction correction
COLORADO COOPERATIVE FIRE MANAGEMENT AGREEMENT Among UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT, COLORADO BLM# NATIONAL PARK SERVICE INTERMOUNTAIN REGION NPS# BUREAU OF INDIAN AFFAIRS SOUTHWEST REGION BIA#: AG06M000002 FISH AND WILDLIFE SERVICE MOUNTAIN PRAIRIE REGION FWS#: 14-48-60139-K001 BUREAU OF RECLAMATION GREAT PLAINS REGION and UPPER COLORADO REGION USBR#: 06AG9602140 (Great Plains); 06LM4002740 (Upper Colorado) UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE, ROCKY MOUNTAIN REGION FS 06-FI-11020000-048 and THE BOARD OF GOVERNERS of the COLORADO STATE UNIVERSITY SYSTEM, Acting By and Through COLORADO STATE UNIVERSITY, On behalf of the COLORADO STATE FOREST SERVICE IN ACCORDANCE WITH Granger Thye Act of April 24, 1950 (16 USC Section 572); May 27, 1955 (42 USC 1856); Cooperative Funds and Deposits Act of December 12, 1975 (16 USC 565 a-1); September 20, 1922 (16 USC 594); August 25, 1916 (16 USC 1b-1); June 28, 1934 (43 USC 315a); June 30, 1949 (41 USC 252); Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 USC 5121 et seq); Economy Act of June 30, 1932 (31 USC 1535); Reciprocal Fire Act of May 27, 1955 (42 USC 1856a-1856d); Department of the Interior and Related Agencies Appropriations Act, 1999, as included in P.L. 108-341, section101(e); Federal Land Policy and Management Act of 1976 (43 USC 1701); P.L. 105-277, Section 323 as amended by P.L. 109-54, Section 434; Cooperative Funds Act of June 30, 1914 (16 USC 498); National Interagency Agreement for Fire Management, FS No. 97-SIA-004, Amendment No.1; Reclamation Act of 1902 (32 Stat. 388) June 7, 1902 and Federal Water Project Recreation Act P.L. 89-72 (79 Stat. 213) July 9, 1965, amended by P.L. 93-251 (88 Stat. 33 Sec. 77) March 7, 1974, amended by P.L. 102-575 (106 Stat. 4690, Title XXVIII October 30, 1992; 1973 Colorado Revised Statue, as amended: 23-30-202 Powers and duties of State Board of Agriculture; 23-30-203 Cooperation with governmental units; 23-30-204 Forest fires 23-30-206 Cooperative agreements; 23-30-304 State responsibility determined.
Page 1 6/8/2006
CONTENTS Page Number Authority
1
Purpose
4
Recitals
5
Interagency Cooperation and Coordination
5
1. 2. 3. 4. 5.
5 6 6 6 6
6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
Direction State/County Relationship Local Cooperative Initiatives Joint Projects and Local Agreements Prescribed Fire and Wildland Fire Use for Resource Benefits and Fuels Incident Command System Interagency Dispatch/Service Centers Multi-Agency Coordinating (MAC) Groups Operating Plans Fire Prevention Policies Licensing Training Communication Systems Automatic Weather Stations Aviation Operations
7 7 7 7 8 8 8 8 8 8
Protection Responsibilities
8
16.
8
Protection Areas and Boundaries
Fire Management Methods and Response Areas
8
17. 18. 19. 20.
8 9 9 9
Reciprocal (Mutual Aid) Fire Protection Areas Reimbursable (Cooperative) Fire Protection Exchange (Offset) Fire Protection Fee Basis (Contract) Fire Protection
Fire Suppression
9
21. 22. 23. 24. 25. 26.
9 9 10 10 10 10
Closest Forces Concept Shared Resources Fire Notifications Protection Priorities Wildland Urban Interface (WUI) and Boundary Fires Suppression of Fires on Lands Under Direct Protection Page 2 6/8/2006
27. 28. 29. 30. 31.
of Another Agency Appropriate Management Response Wildland Fire Situation Analysis Determination of Cause and Preservation of Evidence Fire Reports After Action Review
10 10 11 11 11
Use of and Reimbursement for Shared Resources
11
32. 33. 34. 35. 36. 37. 38.
11 11 12 12 12 12 13
Appropriated Fund Limitation Reimbursable Assistance Duration of Assignments Cost Sharing Procurement Loaned Equipment Billing Procedures
General Provisions
16
39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52.
16 16 16 16 17 17 17 17 17 18 18 18 18 18
Mutual Sharing of Information County and Municipality Cooperation Accident Investigations Non-Wildland Fire and Medical Aid Response Previous Agreements Employment Policy Suppression and Damage Collection Waiver of Claims Third Party Claims Amendments Procedure Examination and Audit Civil Rights Duration of Agreement Authorized Representatives
Signatures
19
Exhibit A – Glossary of Terms Exhibit B – Annual Operating Plan Outline Guide Exhibit C – Sample Cost Share Agreement Exhibit D – Required Documents for Money Transfer
20 23 27 31
Page 3 6/8/2006
PURPOSE The purpose of this Cooperative Fire Management Agreement (hereinafter referred to as the Agreement) is to document agreement and commitment to fire management assistance and cooperation. This Agreement is entered into by and between: The Board of Governors of the Colorado State University System acting by and through Colorado State University on behalf of the Colorado State Forest Service, hereinafter called the State; and The United States Department of Agriculture, Forest Service, through the Regional Forester for Region 2, Rocky Mountain Region, hereinafter called the Forest Service; and The United States Department of the Interior, National Park Service, Intermountain Region, hereinafter called the Park Service; and The United States Department of the Interior, Fish and Wildlife Service, Mountain Prairie Region, hereinafter called Fish and Wildlife Service; and The United States Department of the Interior, Bureau of Indian Affairs, Southwest Region, hereinafter called the BIA; and The United States Department of the Interior, Bureau of Land Management, through the State Director for Colorado, hereinafter called the BLM; and The United States Department of the Interior, Bureau of Reclamation, Great Plains Region and Upper Colorado Region, hereinafter called the Reclamation. The Forest Service, Park Service, Fish and Wildlife Service, BIA, Reclamation, and BLM may hereinafter be jointly referred to as the "Federal Agencies". All Federal Agencies and the State may hereinafter be jointly referred to as the "Agencies". Words and phrases used herein may have different meanings or interpretations for different readers. In order to establish a common understanding, words and phrases as used herein are defined in a Glossary attached as EXHIBIT A.
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RECITALS Whereas: State and Private lands and Federal lands of the respective Agencies are intermingled or adjacent in some areas of Colorado, and wildland fires on these intermingled or adjacent lands may present a threat to lands owned, administered, or controlled by one or more of the Agencies, Whereas: The Federal Agencies maintain fire protection organizations for protection of Federal lands within the United States, and the State provides for organized fire protection and technical fire assistance and coordination for State, County, tribal, and privately-owned lands within Colorado through aiding and assisting county and local entities; Whereas: It is to the mutual advantage of the State and the Federal Agencies to coordinate efforts for the prevention, mitigation of threat, readiness, detection, suppression of wildfires, and use of fire to meet management objectives in and adjacent to their areas of responsibility, to avoid duplication, and to improve efficiency and effectiveness; Whereas: The counties and local fire service entities have fire protection responsibilities and provide fire suppression services on State and privately owned lands; Whereas: It is the intent of the parties hereto that State resources be available to assist in the suppression of wildfires on all Federal lands, and on other lands upon which the Federal Agencies provide fire suppression support, including other States, Canada, and Mexico; Whereas: It is the intent of the parties hereto that Federal resources be available to assist in the management of all wildland fires on all State, County, tribal, and private lands for which the State provides protection through State, county and local resources. NOW, THEREFORE, in consideration of the mutual premises and conditions herein made, it is agreed as follows: INTERAGENCY COOPERATION AND COORDINATION 1. Direction: The Agencies shall cooperatively establish and maintain the Rocky Mountain Coordinating Group (RMCG), consisting of the Agency Administrators or their designated representatives to oversee the terms of this Agreement and to provide general oversight for interagency wildland fire activities in Colorado. The RMCG will provide oversight and direction for all interagency fire management activities in Colorado. The RMCG will utilize working teams or committees as necessary to develop guidelines and procedures for coordination of fire management activities and to oversee implementation.
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2. State/County Relationship: The State will act as the coordinator for Colorado county and/or local fire service entities for the purposes of coordinated fire management services within and beyond the boundaries of the State per agreements between the State and counties, and Annual Operating Plans. 3. Local Cooperative Initiatives: Agencies will encourage and support local cooperative initiatives which enhance cooperation and improve coordination and efficiencies. 4. Joint Projects and Local Agreements: Any of the Agencies may jointly conduct mutual interest projects, within their statutory authority, to maintain or improve their fire management capability. These projects may be in such activities as suppression, dispatch, prevention/mitigation education, investigation, pre-attack planning, fuels management, prescribed fires, aviation operations, fire operations, training, Fire Program Analysis, burned area rehabilitation/stabilization, public affairs, wildland/urban interface fire coordination, community assistance, and other beneficial efforts. Such projects will be documented in operating plans, local agreements, or other appropriate written documents. Documentation will include the objectives, role of each Agency, and each Agency's share of costs. Such local arrangements shall not be in conflict with the terms of this Agreement. Local agreements may be executed as delegated to unit administrators of Agencies party to this Agreement. 5. Prescribed Fire and Wildland Fire Use for Resource Benefits and Fuels: The Agencies agree to cooperate in the development, planning, and implementation of prescribed fire, manual and mechanical fuels management, and wildland fire use programs and projects. Cooperative prescribed fire and fuels management programs include cost sharing, reimbursement, and jurisdictional responsibility for planning, implementation, and monitoring. These shall be agreed upon and included in the approved project planning document. See Exhibit D. Parties to this agreement will pursue all avenues available within law, statute, policy, and procedure to cooperate across jurisdictional and political boundaries for program and project planning, implementation, and support. Wildland fires resulting from escaped prescribed burns ignited by a party to this Agreement on lands that it manages, shall be the responsibility of that party. The responsible party will reimburse other parties to this Agreement consistent with the terms and conditions contained herein for costs incurred in suppression of such fires. Joint projects will be the shared responsibility of the jurisdictions bound by the approved planning documents. 6. Incident Command System: The Agencies will operate under the concepts of the National Incident Management System (NIMS) and its Incident Command System (ICS) Page 6 6/8/2006
as appropriate for providing qualified resources and for the management of incidents encompassed under the terms of this Agreement. 7. Interagency Dispatch/Service Centers: The Agencies agree to maintain, support, and participate in Interagency Dispatch Centers. The centers are to be under the direction of local coordinating groups to foster cooperation, avoid wasteful duplication and facilitate maximum efficiency in wildland fire management programs. Agencies agree to use the Rocky Mountain Area Coordination Center (RMACC) as the central focal point for national, area, and Statewide intelligence gathering, coordination and prioritization of fire management resources and services for wildland fire emergencies and prescribed fire activities. Staffing, funding, and level of participation will be agreed to and documented in Annual Operating Plans. The Rocky Mountain Area Interagency Incident Mobilization Guide (RMA Mob Guide) will be the primary document to identify approved policy, procedures, and organizations. The RMA Mob Guide will be the primary document of approved procedures and guidelines for dispatching fire resources within the Rocky Mountain Area and the National Interagency Mobilization Guide for national requests. The RMA Mob Guide will be updated and approved annually by RMCG. This will not preclude the State from entering into contracts, compacts, or cooperative agreements with other State or local Agencies where fire suppression forces may be ordered and sent directly between cooperators without involving RMACC; however, RMACC should be informed of such activities. 8. Multi-Agency Coordinating (MAC) Groups: During periods when fire management activity is significant enough to require prioritization of fires in order to allocate critical, limited and/or scarce resources, MAC groups will be established to accomplish that priority setting. Agencies shall be represented by officials with delegation of authority for their respective Agencies. 9. Operating Plans: Annual Operating Plans will be developed at the County and the applicable Federal fire planning unit level and will become a part of this Agreement. Annual Operating Plans will outline the details of implementing this Agreement for counties or local geographical areas. Subjects identified in the Operating Plan Outline Guide, attached hereto as EXHIBIT B, will be addressed, if applicable, and displayed in that format. An operating plan generated at the State level will address Statewide issues and basic information when no local annual operating plan exists. It will be approved by RMCG Directors of Agencies signatory to this Agreement and distributed to all Agencies prior to May 15 each year. 10. Fire Prevention Policies: Unit Administrators will assure that fire prevention goals, objectives, and activities are planned at local and Statewide levels and are addressed in Annual Operating Plans. Specific fire prevention plans should be developed by local Page 7 6/8/2006
interagency fire management personnel. Agencies may pool resources and share costs of wildland fire prevention activities. Coordination is vital among Federal, State, and local stakeholders for fire restrictions and closures. 11. Licensing: Drivers and equipment operators will hold appropriate operating licenses to meet Agency, State, and Federal regulations. Drivers and operators will not be exempt from U.S. Department of Transportation requirements, including CDL licensing. 12. Training: The Agencies will cooperate in wildland fire, prescribed fire, aviation, and first responder training, including scheduling, course development, course presentation, and selection of trainees. Local cooperators will be included in this cooperative approach whenever practical. In order to accomplish these objectives, in part, the Agencies will support and participate in Interagency Training Committees. 13. Communication Systems: The Agencies may mutually agree to allow one another the use of communications systems such as radio frequencies, computer system access, data transmission lines, and communication sites when there is a mutual benefit to the parties. Such agreement shall be approved only by authorized personnel for each Agency and capabilities/limitations will be documented in the Annual Operating Plans. 14. Automatic Weather Stations: The Agencies may cooperate in the gathering, processing, and use of fire weather data, including the purchase of compatible sensing systems and joint use of computer software as authorized. The Agencies will jointly evaluate and agree to any deletions or additions to the system. 15. Aviation Operations: The Agencies agree to cooperate in use of aviation resources to foster effective and efficient use of aircraft and personnel. All aviation activities shall be conducted in accordance with each Agency's aviation rules, policies and directives, and the RMA Mob Guide. PROTECTION RESPONSIBILITIES 16. Protection Areas and Boundaries: Wildland fire protection responsibilities, agreed upon by the Agencies, for lands within their respective jurisdictions will be included in the Annual Operating Plan, along with established, mapped, and/or described protection areas and boundaries. FIRE MANAGEMENT METHODS AND RESPONSE AREAS 17. Reciprocal (Mutual Aid) Fire Protection Areas: As deemed appropriate, the Agencies may, by agreement, establish reciprocal initial attack zones for lands of intermingled or adjoining protection responsibility. Mutual aid must be for the mutual benefit of all Agencies involved. Within such zones, a Supporting Agency will, upon request or voluntarily, take initial attack action in support of the Protecting Agency. The Protecting Agency will not be
Page 8 6/8/2006
required to reimburse the Supporting Agency for costs incurred following the initial dispatch of any ground resources to the fire for the duration of the mutual aid period. The mutual aid time period will be defined in Annual Operating Plans as follows: -Not to exceed 24 hours. -Will end at midnight of the first burn period when the incident commander determines that the fire cannot be controlled within 24 hours of the original ignition. Under no circumstances will Supporting Agencies be required to deplete local resources to honor a request. Aviation resources will be outlined separately for mutual aid response in the Annual Operating Plans as applicable. 18. Reimbursable (Cooperative) Fire Protection: The Protecting Agency may request fire suppression resources of others for its protection work. Such resources are to be paid for by the Protecting Agency upon billing. 19. Exchange (Offset) Fire Protection: Agencies may exchange responsibility for fire protection for lands under their jurisdiction. The rate of exchange will be based upon comparable cost, acreage involved, complexity, and other factors as may be appropriate and mutually agreed to by the parties. Exchange zones will be documented in the Annual Operating Plan. When a Protecting Agency takes suppression action on lands it protects for the Jurisdictional Agency, and the Jurisdictional Agency is requested to assist, the Protecting Agency will reimburse the Jurisdictional Agency for their assistance. In this situation, the Jurisdictional Agency is considered a Supporting Agency. 20. Fee Basis (Contract) Fire Protection: For an agreed upon fee, one Agency may assume fire protection responsibilities on lands under the jurisdiction of another. The terms and conditions of such arrangements must be included in the Annual Operating Plan. FIRE SUPPRESSION 21. Closest Forces Concept: The primary guiding principle for dispatch of initial and extended attack suppression resources will be the use of the closest available resource concept, regardless of the ownership of those resources and regardless of which Agency has protection responsibility. 22. Shared Resources: Interagency funding, staffing, and utilization of aircraft, engines, crews, or fire facilities will be pursued wherever an Interagency approach is appropriate and cost effective. Staffing and funding will be commensurate with each Agency's use of the resources and will be agreed to and included in the Annual Operating Plan.
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23. Fire Notifications: Each Agency will promptly notify the appropriate Protection Agency of fires burning on or threatening lands for which that Agency has protection responsibility. 24. Protection Priorities: The protection of human life is the single, overriding suppression priority. Setting priorities among protecting human communities and community infrastructure, other property and improvements, and natural and cultural resources will be done based on the values to be protected, human health and safety, and the costs of protection. Once people have been committed to an incident, these human resources become the highest value to be protected. 25. Wildland Urban Interface (WUI) and Boundary Fires: A fire burning on or adjacent to a known or questionable protection boundary will be the initial attack responsibility of the protecting Agencies on either side of the boundary. Fires occurring in areas where structures are located near and in areas of multiple jurisdictions can cause significant safety as well as financial concerns. The Agencies agree that public and firefighter safety are the first priority. The Agencies agree to coordinate suppression management through the use of a Unified Command or with Delegations of Authority from all jurisdictions to an agreed Incident Commander. The initial attack Incident Commanders of the involved Agencies shall mutually agree upon fire suppression objectives, strategy, and the commitment and funding of Agency suppression resources. When a fire burns on both sides of a protection boundary or threatens another jurisdiction, and is beyond the mutual aid period, a cost share agreement shall be prepared and approved by the Unit Administrator or their designee for all actions as outlined in Clause 35, Cost Sharing. Refer to Exhibit C for the Sample Cost Share Agreement. 26. Suppression of Fires on Lands Under the Direct Protection of Another Agency: Any participating Agency may, upon its own initiative and with appropriate notification and coordination, attack wildland fires on lands which are under the direct protection of another Agency. None of the parties to this agreement shall perform any fire suppression action which is contrary to limitations found in the appropriate operating plan. The protecting Agency will assume or delegate command of all fire suppression actions. 27. Appropriate Management Response: All fire suppression action conducted on lands of another Agency will be consistent with that Agency's fire suppression policy and the terms of this Agreement. The Special Management Considerations will be addressed in a section of the Annual Operating Plans will establish procedures and criteria for unit administrators of the Agencies to communicate land management considerations to Incident Commanders. 28. Wildland Fire Situation Analysis (WFSA): The Federal Agencies' policies require that a Wildland Fire Situation Analysis be completed for all fires on Federal land which escape initial suppression action. This procedure requires Federal Agency unit administrator participation. When fires occur on State-protected Federal lands, the responsible unit administrator will actively involve the State in this process. Operating Page 10 6/8/2006
Plans will contain procedures for development and unit administrator approval of the Wildland Fire Situation Analysis. Responsibility for strategic and tactical implementation shall rest with the Incident Commander. 29. Determination of Cause and Preservation of Evidence: As initial action is taken on a fire, the initial attack forces, regardless of whether they are Jurisdictional Agency, Protecting Agency or Supporting Agency, will immediately gather and preserve information and evidence pertaining to the origin and cause of the fire. Agencies shall render mutual assistance in investigation and law enforcement activities and in court prosecutions to the fullest extent possible. Each Agency shall be responsible for firerelated law enforcement activities on wildfires that originate on their respective lands. To the extent permitted by Federal and State law, the Protecting Agency will provide investigation files relative to the fire to the Jurisdictional Agency for legal action and/or prosecution. 30. Fire Reports: For incidents where the Protecting Agency is not the Jurisdictional Agency, the Protecting Agency will furnish a copy of their fire report to the Jurisdictional Agency no longer than 15 days after the fire is declared out. 31. After Action Review (AAR): To benefit from lessons learned on fire incidents falling under the terms of this Agreement, the Agencies may conduct post-fire analyses. Such critiques or reviews will be conducted jointly by the State and/or the affected Federal Agency(s). These analyses may be requested by the Jurisdictional, Supporting, or Protecting Agencies. USE OF AND REIMBURSEMENT FOR SHARED RESOURCES 32. Appropriated Fund Limitation: Nothing herein shall be interpreted as obligating the Agencies to expend funds, or as involving the United States or the State of Colorado in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this Agreement. 33. Reimbursable Assistance: Reimbursable Assistance refers to those resources that are to be paid for by the Protecting Agency. Reimbursable Assistance resources must be requested by the Protecting Agency or supplied through automatic or mutual aid systems and must be recorded by the resource order process within the dispatching systems of both the Protecting Agency and Supporting Agencies or documented by the Incident Commander in the fire report. Resources not documented in this manner are not reimbursable. Except as otherwise provided, all costs incurred as the result of an incident and documented as stated above are generally reimbursable, such as but not limited to: A. Costs incurred for suppression and move-up and cover resources. B. Transportation, salary, benefits, and per diem of individuals assigned to the incident. C. Additional support dispatching services requested through a resource order. D. Cost of equipment in support of the incident; contract equipment costs and Page 11 6/8/2006
E. F. G. H. I.
operating cost for Agency equipment. Operating supplies for equipment assigned to the incident, such as fuel, oil, and equipment repairs. Aircraft, airport fees, foam and retardant costs. Agency-owned equipment and supplies lost, damaged, or expended by the Supporting Agency. Cost of reasonable and prudent supplies expended in support of the incident. Charges from the State for State-controlled resources such as inmate crews, National Guard resources, and county and local resources.
The resources of the State and Counties of Colorado, identified in Cooperative Resource Rates Forms, are defined as cooperators, not contractors for the purposes of fire management activities. Rates established in the current Cooperative Resource Rates Form are accepted by all Agencies and counties and will be used for reimbursement calculations for both in-State and out-of State incidents. Emergency Equipment Rental Agreements will be used to hire equipment that was not listed for availability prior to the incident, and reimbursement rates for the equipment will follow Interagency Incident Business Management Handbook guidance. 34. Duration of Assignments: Consideration must be given to the health and safety of personnel when assigned to fires. Agencies agree that Incident Commanders will release suppression resources to their primary responsibilities as soon as priorities allow. Incident Commanders shall also adhere to rest and rotation policies of respective responding Agencies. 35. Cost Sharing: A cost share agreement will be prepared by the responsible unit administrators (as defined in EXHIBIT A, Glossary) or their authorized representatives when there is (1) a multi-jurisdictional incident or, (2) an incident which threatens or burns across direct protection boundaries of the State and Federal Agencies. See EXHIBIT C for a sample cost share agreement. A general approach to cost sharing on local incidents will be outlined in the Annual Operating Plan but can be superceded by an incident specific cost share agreement. 36. Procurement: The State receives its procurement authority from State laws, and is therefore not subject to Federal procurement laws. Whenever the State is responsible for the management of an incident (including an incident within the direct protection area of a Federal Agency), the State will comply with State laws and regulations covering procurement. Procurement costs by one Agency in support of another that are reasonable and prudent may be charged back to the Protecting Agency. 37. Loaned Equipment: Equipment loaned by one party to another shall become the responsibility of the borrower, and shall be returned in the same condition as when received, fair wear and tear excepted. The borrower will repair or reimburse for damages in excess of normal wear and tear and will replace or reimburse items lost or destroyed. 38. Billing Procedures (Refer to Exhibit D for the Required Documents for Money Transfer) Page 12 6/8/2006
A. Fire Suppression Billings: 1. When the State is the supporting Agency and the fire is within the State of Colorado, the State will bill the jurisdictional Federal Agency. The Forest Service is the lead USDA agency and the BLM is the lead for BLM, the Park Service, and Fish and Wildlife Service, and Reclamation. BIA will represent BIA. When the State is the supporting Agency and the fire is outside the State of Colorado, the State submits its billing to the Forest Service. The lead Federal Agency will submit their billings to the State when the State is the jurisdictional Agency. When the State is the jurisdictional Agency, the Forest Service and/or BLM will be the lead federal Agency and will submit their individual billings to the State and the State will reimburse each individual lead Agency. The State and all of the Federal Agencies will meet quarterly to discuss fire costs and bring appropriate documentation of costs for billing purposes and/or billing estimates. A contact person for each Agency will be identified and be responsible for ensuring costs to date are presented for their Agency at the quarterly meetings. Agency contacts will set dates and locations for the quarterly meetings on a yearly basis. 2. Federal Agencies will not bill each other for fire suppression support. 3. Billing amounts do not apply to Reciprocal Fire Protection (Mutual Aid). 4. Agencies will share their respective individual incident resource order numbers for cross referencing purposes. 5. Billing Estimates/Timeframes: On fires where costs are incurred pursuant to Annual Operating Plans, the billing Agency shall submit a bill or estimate for reimbursement as soon as possible, but not later than 180 days after the fire is controlled. If the total cost is not known at the time of initial billing, a partial bill, so identified, may be submitted. A final bill, so identified, will be issued within 270 days after control of the fire. After the final billing has been sent, and if additional costs are identified, a supplemental billing may be issued if agreeable to applicable parties. For obligation purposes, the Federal Agencies will submit unpaid obligational figures to the State by June 15. The State will submit unpaid obligational figures to the appropriate Federal Agency by September 15 for the previous Federal fiscal year. 6. Billing Content: Bills will be identified by funding code, fire name, location, jurisdictional unit, appropriate order number, and will be supported by adequate documentation, including applicable Cost Share Agreements. Billings for State fire suppression assistance will include facilities and administrative costs, not to exceed the predetermined rates negotiated Page 13 6/8/2006
annually with the cognizant Federal Agency for the State. Billings from Federal Agencies for Federal Fire suppression assistance will include the billing offices administrative overhead rate, not to exceed 20%. 7. Billing Addresses: All bills for services provided to the State will be mailed to the following address for payment: Colorado State Forest Service Attn: Fire Reimbursements Colorado State University Fort Collins CO 80523 All bills for services provided to the Forest Service and all Federal and State units not party to this Agreement will be mailed to the following address: USDA Forest Service Attn: Chief Financial Officer PO Box 25127 Lakewood CO 80225 All bills for services provided to the BLM within Colorado will be mailed to: Bureau of Land Management Attn: State Fire Management Officer Colorado State Office 2850 Youngfield Street Lakewood CO 80215 All bills for services provided to the NPS within Colorado will be mailed to: National Park Service Attn: Regional Director Intermountain Regional Office 12795 West Alameda Parkway PO Box 25287 Denver CO 80225-0287 All bills for services provided to the BIA within Colorado will be mailed to: Bureau of Indian Affairs Attn: Regional Director Southwest Regional Office Branch of Forestry PO Box 26567 Albuquerque NM 87125-6567
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All bills for services provided to the US Fish and Wildlife Service within Colorado will be mailed to: US Fish and Wildlife Service Attn: Regional Director Mountain Prairie Region PO Box 25486 Denver Federal Center Denver CO 80225 All bills for services provided to the Bureau of Reclamation within the Great Plains Region will be mailed to: US Bureau of Reclamation Attn: Regional Director Great Plains Region P.O. Box 36900 Billings, MT 59107-6900 All bills for services provided to the Bureau of Reclamation within the Upper Colorado Region will be mailed to: US Bureau of Reclamation Attn: Regional Director Upper Colorado Region 125 South State Street, Room 6107 Salt Lake City, UT 84138-1102 8. Payment Due Dates: All bills will have a payment due date 60 days after the date of issuance. If payment cannot be made before the 60 days expire, then a 30-day extension, with oral or written justification to the billing office, may be requested. 9. Disputed Billings: Written notice that a bill is contested will be mailed to the billing Agency within 60 days of issuance of the final bill, and will fully explain the area of dispute. Contested items will be resolved not later than 60 days following receipt of written notice. The uncontested portion of the bill will be paid and a new bill will be issued for the contested amount. 10. Payments: Payments will refer to the bill number and fire name and number, and will be sent to the appropriate billing address. 11. Late Payment Charges: Late payment charges may be waived by the billing Agency unless late payment charges are mandated or required by law. Agencies with delinquent payments to Agencies whom they have billed may have their unpaid obligations subtracted from the other Agencies' payments.
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B. Fire Preparedness, Prevention, Prescribed Fire, Trespass Fire and Other Fire Activity Billings: Agencies may bill one another for preparedness activities and administrative charges may be applied. Billings for preparedness and prevention activities will be addressed in Annual Operating Plans. Provisions described above pertaining to suppression billing procedures, addresses, payment due dates, obligation information, and payments also apply to preparedness billings. Billings for all other fire management services will be documented as described in Clause 38A. Billings will outline services performed and include a copy of the applicable operating plan. C. Billing for Escaped Prescribed Fires: Wildfires resulting from escaped prescribed fires ignited by a party to this agreement on lands under its jurisdiction shall be the responsibility of that party. The party responsible for the prescribed fire will reimburse other parties to this agreement for all suppression costs of supporting Agencies. GENERAL PROVISIONS 39. Mutual Sharing of Information: The Agencies will furnish to each other, or otherwise make available upon request, such maps, documents, instructions, records, and reports including, but not limited to, fire reports, employment records, and investigation and law enforcement reports as either party considers necessary in connection with the Agreement, in accordance with applicable State and Federal rules and regulations. 40. County and Municipality Cooperation: To facilitate the purpose and intent of this Agreement, the State will use its best efforts to establish cooperative fire agreements with the counties and municipalities of Colorado which have local wildfire responsibilities. 41. Accident Investigations: Whenever an accident occurs involving the equipment or personnel of a Supporting Agency, the Protecting Agency shall take immediate steps to notify the Supporting Agency. As soon as practical, the Protecting Agency shall initiate an investigation of the accident. A team made up of appropriate representatives from affected Agencies shall conduct the investigation. 42. Non-Wildland Fire and Medical Aid Responses: This Agreement is limited to wildland fire protection and does not include non-wildland fire protection and medical aid responses. However, this Agreement does not preclude Agencies from supporting one another in emergency situations as provided by their respective statutory authority, policies, procedures, or other agreements. In the event of a Presidential Disaster Declaration, the Agencies may assist one another under the provisions of this agreement if so tasked by the Federal Emergency Management Agency and as long as requested resources are available and all other provisions of this agreement are met. Funding shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent that Page 16 6/8/2006
authority is provided in the current year appropriation bill and such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency. Reimbursement for non-wildfire, non-Presidential Disaster Declaration incidents will be negotiated on an incident by incident basis utilizing accepted business management practices, authorities, policies, procedures, and other agreements of the Agencies involved. 43. Previous Agreements: This Agreement replaces the Colorado Cooperative Fire Management Agreement signed in 2001. 44. Employment Policy: It is agreed that employees of the parties to this Agreement shall at all times be subject only to the laws, regulations, and rules governing their employment, regardless of Agency, and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terms of their employment. 45. Suppression and Damage Collection: Nothing in this Agreement shall preclude the the Agencies from collecting damages and suppression costs from third parties (civil actions for recovery will be taken independently) under the civil liability provisions of Federal and/or State statutes and/or common law in a manner provided by applicable law. 46. Waiver of Claims: The Agencies hereby waive all claims between and against each other for compensation for loss, damage, and personal injury, including death, to each other’s property, employees, agents, and contractors occurring in the performance of this Agreement, including Mutual Aid responses and/or Independent Action. Any State employee who participates in assistance under the terms of this Agreement who suffers disability or death as a result of personal injury arising out of and in the performance of duties in connection therewith, for the purpose of the Workmen's Compensation Act, is an employee of the State. 47. Third Party Claims: Any liability to third parties which may arise under the performance of this Agreement shall be determined solely under the Federal Tort Claims Act as to the Federal Agencies and under the Laws of the State of Colorado as to the State. 48. Amendments Procedure: This Agreement may be amended at any time by written mutual consent of all parties hereto. The USFS will take the lead in the development and execution of amendments. 49. Examination and Audit: The Agencies shall be subject to examination and audit for 3 years after final payment under the terms of this Agreement. Examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administration. 50. Civil Rights: The Agencies shall comply with all State of Colorado and Federal Page 17 6/8/2006
statutes relating to nondiscrimination including, but not limited to: (a) the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex. 51. Duration of Agreement: The term of this Agreement shall commence for each Agency upon the date of the last signature below and shall continue for 5 years, unless terminated earlier. Any party shall have the right to terminate this Agreement between November 1 and March 30 upon 30 days written notice to all parties. 52. Authorized Representatives: By signature below, the Agencies certify that the individuals listed in this document as representatives of the Agencies are authorized to act in their respective areas for matters related to this agreement.
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THE PARTIES HERETO, as evidenced by their authorized signature below, have executed, and thereby entered into, this Agreement which becomes effective upon the date of the last signature below and remains in effect for five years. BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY ACTING BY AND THROUGH COLORADO STATE UNIVERSITY
USDA FOREST SERVICE ROCKY MOUNTAIN REGION
/s/Lynn Johnson Director, Sponsored Programs
/s/Greg Griffith for Rick Cables Regional Forester
/s/Jeff Jahnke State Forester
5/24/2006 DATE
4/21/2006 DATE
5/22/2006 DATE
USDI BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE
USDI NATIONAL PARK SERVICE INTERMOUNTAIN REGION
See attached Supplementary Signature Page State Director DATE
See attached Supplementary Signature Page Regional Director DATE
USDI BUREAU OF INDIAN AFFAIRS SOUTHWEST REGION
US FISH AND WILDLIFE SERVICE MOUNTAIN PRAIRIE REGION
/s/Larry Morrin Regional Director
5/1/2006 DATE
/s/James J. Slack Deputy Regional Director
/s/Michael D. Perry Michael D. Perry, Contracting Officer Warrant No. 1420-4129-0102 Southwest Regional Office, USDI Bureau of Indian Affairs
5/2/2006 DATE
5/5/2006 DATE
USDI BUREAU OF RECLAMATION UPPER COLORADO REGION /s/Dave Sabo (acting for Rick Gold) Regional Director
5/22/2006 DATE
The authority and format of this instrument has been reviewed and approved for signature.
USDI BUREAU OF RECLAMAMTION GREAT PLAINS REGION
/s/LuAnn Waida FS Agreements Coordinator
/s/Mike Ryan Regional Director
4/20/2006 DATE
Page 19 6/8/2006
5/2/2006 DATE
COOPERATIVE FIRE MANAGEMENT AGREEMENT EXHIBIT A GLOSSARY OF TERMS Administrative Costs (Charges): Any expenses not charged directly to a program, project, or fire. They include general overhead personnel and administrative services. For the State, the administrative charge is identified as those charges and expenses used to determine the "facilities and administrative (indirect rate)". All activities that can be identified and charged to specific projects, and not excluded elsewhere in this agreement, are considered direct costs and may be billed with proper documentation. Agencies: The parties to this agreement. Agency Administrator: Agency officials who are signatory to this agreement, as follows: Colorado State Forest Service, State Forester; Board of Governors of the Colorado State University System acting by and through Colorado State University, Director, Sponsored Programs; Bureau of Land Management, State Director; Forest Service, Rocky Mountain Region, Regional Forester; BIA Regional Director; National Park Service, Regional Director; Fish and Wildlife Service, Regional Director. Agency Representative: An individual assigned to an incident with full authority to make decisions on all matters affecting that Agency's participation at the incident. Annual Operating Plan: An annually updated document authorized by the appropriate officials for implementing the Interagency Cooperative Fire Management Agreement in their respective areas of responsibilities. Boundary Line Fire: This includes (i) a fire burning jointly on lands of two or more parties or will soon burn across the boundary line and the boundary line is known, (ii) where the fire location is known, but the jurisdictional boundary on the ground is uncertain, or (iii) where the location of a reported fire is uncertain in relation to the jurisdictional boundary. Once the exact location of the fire is determined in relation to the jurisdictional boundary, it ceases to be a boundary fire unless falling in category (i) above. Burned Area Rehabilitation/Stabilization: Efforts undertaken within 3 years of a wildland fire to repair or improve fire-damaged lands unlikely to recover to management-approved conditions, or to repair or replace minor facilities damaged by fire; along with planned actions to stabilize and prevent unacceptable degradation to natural and cultural resources, to minimize threats to life or property resulting from the effects of a fire, or to repair/replace/construct physical improvements necessary to prevent degradation of land or resources. Closest Forces Concept: The philosophy of committing the closest available appropriate resources, regardless of Agency, for initial attack or for critical need. Colorado State Forest Service (CSFS): A statutory entity governed by the Board of Governors of the Colorado State University System. Cooperator: Organized fire forces of other Agencies, paid or volunteers, public or private, at the local, municipal, State, or Federal level. Cost Share Agreement: A document prepared between a Federal, State and/or local Agencies to distribute costs on a multi-jurisdictional incident or an incident which threatens or burns across boundaries of direct protection areas of the Agencies. County: Employees, elected officials, and appointed officers of a county.
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Direct Protection Area: That area which, by law or identified or authorized pursuant to the terms of this Agreement, is provided wildland fire protection by the State or its Counties or by a Federal Agency. This may include land protected under exchange or payment for protection. Direct Costs: All costs associated with direct fireline/fireground operations and incident support ordered by or for the incident; excludes overhead, facilities, and administrative costs. Draw Down Level: A minimal level of resources usually available for initial attack to provide coverage for its area of responsibility. This level can change depending on local conditions. In the event that the required resources become unavailable, move up and cover resources will be needed to maintain the draw down level. Facilities and Administrative Costs: Costs that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project, an instructional activity, or any other institutional activity. Fire Management: Activities and programs that include: the use of fire as a resource management tool, and protection of values from unwanted, uncontrolled wildfire. Jurisdictional Agency: The Agency or county which has overall land and resource management and/or protection responsibility as provided by Federal or State law. ICS (Incident Command System): The common emergency incident management system used on any incident or event and tailored to fit the specific management needs of the incident/event. Includes "Colorado Incident Command System" at the local level. Initial Attack Forces: Wildfire suppression resources of Agencies initially dispatched to a fire in accordance with a pre-existing Annual Operating Plan or Mobilization guide. Initial Attack Zone: An identified area in which predetermined resources would normally be the initial resource to respond to an incident. Move-Up and Cover: Identifies a relocation of fire suppression resources from their established location to a temporary location to provide fire protection coverage for an initial attack response area. Mutual Aid: Assistance provided by a Supporting Agency at no cost to the Protecting Agency. Mutual aid is limited to those initial attack resources or move-up and cover assignments that have been determined to be appropriate and as each may be able to furnish and are documented in Annual Operating Plans. Sometimes called Reciprocal Fire Protection. Overhead Costs: Indirect administrative costs that cannot be readily identified with specifically financed programs and functions. Preparedness: Activities before fire occurrence to ensure effective suppression action. Includes training, planning, procuring and maintaining equipment, development of fire defense improvements, and maintaining cooperative arrangements with other Agencies. Prescribed Fire: The planned and/or permitted use of fire to accomplish specific land management objectives. Prevention: Activities directed at reducing the number of human-caused fires, including such items as public education, law enforcement, dissemination of information, engineering, and the reduction of hazards. Protecting Agency: The Agency or county responsible for providing direct wildland fire protection to a given area pursuant to this agreement.
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Protection Area Maps: Official maps of the Annual Operating Plans. Protection Boundaries: Mutually agreed upon boundaries which identify areas of direct fire protection responsibility and are shown on maps in the Annual Operating Plans. Reimbursable (Assistance by Hire): Fire suppression resources that will be paid for by the requesting Protecting Agency per the conditions of this Agreement and its Annual Operating Plans. Excludes Mutual Aid. Resources: All personnel, items of equipment and aircraft available for assignment of tasks. Rocky Mountain Coordinating Group: A group consisting of the Agency Administrators or their designated representatives to oversee the terms of this Agreement and to provide general oversight for interagency wildland fire activities in Colorado. State: Board of Governors of the Colorado State University System acting by and through Colorado State University on behalf of the Colorado State Forest Service. Structure Fire Protection: The protection of homes or other structures from wildland fire. Structure Fire Suppression: Actions to extinguish or control a fire burning on or in a structure. Supporting Agency: An Agency or county providing fire suppression or other support and resources to the Protecting Agency. Suppression: All the work of confining and extinguishing a fire beginning with its discovery through the conclusion of the incident. Unit Administrator (Line Officer): The individual assigned administrative responsibilities and delegated signing authority for an established organizational unit, such as Forest Supervisors or District Rangers for the Forest Service, District Manager for the Bureau of Land Management, Area Forester, District Forester, or State Forester as designated for the State Forest Service, Agency Superintendent for the Bureau of Indian Affairs, Park Superintendent for the National Park Service, and Refuge Manager (Project Leader) for Fish and Wildlife Service. May also include a county commissioner at the local level. Values to be Protected: Include property, structures, physical improvements, natural and cultural resources, community infrastructure, and economic, environmental, and social values. Wildfire: Uncontrolled fire burning in forest, brush, prairie, or cropland fuels, or conflagrations involving such fuels and structures. Wildland: Lands with few or no permanent improvements. Wildland Fire: Any non-structural fire that occurs on wildland. Wildland Urban Interface (WUI): Defined as the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.
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COOPERATIVE FIRE MANAGEMENT AGREEMENT EXHIBIT B ANNUAL OPERATING PLAN OUTLINE GUIDE
The Annual Operating Plan is a working document compiled each year by wildfire Agencies participating in the Plan, and shall be attached to and considered a part of the Interagency Cooperative Fire Management Agreement. The Plan should contain the following information, wherever applicable, and will follow the same format as this outline.
1. Plan approvals from authorized Agency representatives with dates. 2. Identification of the jurisdictions within the area of the plan. 3. Authority for plan - cite Interagency Cooperative Fire Management Agreement among the State and Federal Agencies, and Agreement for Cooperative Wildfire Protection between the State and the County.
4. Purpose of plan - brief narrative 5. Definitions and description of: A. B. C. D.
Fire Management Responsibilities Mutual Aid Dispatch Areas by Dispatch Levels Mutual Aid Move-up and Cover Facilities Special Management Considerations (wilderness areas, Wild and Scenic Rivers, research natural areas, archeological sites, roadless areas, other areas identified in land management planning documents, urban interface areas, or otherwise requiring special fire management procedures) E. Responsibility for Non-Wildland Fire Emergencies F. Repair of Wildfire Suppression Damage
6. Fire Management Resource List including prevention, detection, ground and air attack units, supervisory personnel, draw-down levels, and other cooperating Agencies. A. B. C. D. E.
Kind (by ICS type) Location Anticipated Availability Period Staffing Levels Contact Points and Names
7. Protection Area Maps Showing; A. Jurisdictional Agency, Protection Unit, County boundary, area of responsibility and other plan needs. B. Fire Protection facilities by Agency and location C. Direct Protection Areas D. Mutual Aid Dispatch Areas E. Special Management Consideration Areas F. Date Effective
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8. Fire Readiness A. Fire Planning 1. Presuppression analysis plans 2. Trigger points for increase/decrease in staffing/readiness 3. Prevention plans 4. Prescribed fire plans B. Wildfire Training Needs and Coordination C. Inspection Schedules
9. Wildfire Suppression Procedures A. B. C. D. E. F. G.
H. I. J. K. L. M. N. O. P.
ICS Use Detection Standards Relationship with local Mobilization guide Notification about Fires Establishment and Revision of Mutual Aid Dispatch Areas Initial Attack Dispatch Levels and their determination Dispatching and Resource Order Process 1. Unified Command 2. Boundary Fires Reinforcements and Support Move-up and Cover Locations and Procedures Interagency procurement, loaning, sharing, or exchanging and maintenance of facilities, equipment, and support services Interagency Sharing of Communications Systems and Frequencies Escaped Fire Situation Analysis State Emergency Fire Fund Dispatch Centers or other incident support facilities Post-incident Action Analysis Out-of-Jurisdiction Assignments 1. Standards 2. Procedures
10. Aviation Procedures A. Aviation map and narrative 1. Hazards 2. Sensitive Zones (urban interface, aquatic, wilderness, etc.) 3. Helispots, dip sites 4. Automatic dispatch zones (tied to preparedness planning) 5. Detection routes 6. Foam/retardant restriction areas B. Flight following/frequency management C. CWN aircraft, tactical and support aircraft D. Fixed wing base management E. Single Engine Attack Tanker Bases F. Leadplane/air attack activation G. Aviation Requests and Operations 1. Initial Attack 2. Boundary Fires 3. Wildland Urban Interface 4. Mutual Aid Procedures 5. Air Space Restrictions
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H. Inspection Schedules I. Aviation Dispatch Procedures 1. Status 2. A/C Hires 3. Selection Process 4. Flight Management 5. Flight Following 6. Air Space Coordination
11. Fire Prevention A. General Cooperative Activities B. Information and Education 1. Fire Danger Information (a) Fire Weather Station Locations (b) Data Sharing and Methods (c) Fire Danger dissemination (d) Fire Prevention Signs 2. Joint or Single Agency Press Releases 3. Smokey Bear Program 4. "Let's Talk Fire" Programs 5. Red Flag Operations 6. Firewise Communities Program C. Engineering 7. Land Use Planning (wildland-urban interface) 8. Defensible space and fuels treatments 9. Railroads and Utilities D. Enforcement 10. Issuing Open Burning and Campfire Permits 11. Restrictions and Closures, (Initiating, communicating, enforcement, and lifting) 12. Fire Investigations
12. Fuel Management and Prescribed Fire Considerations 13. Cost Reimbursements A. B. C. D. E.
14.
Non-Reimbursable Items Reimbursable Items Wildfire Prevention Wildfire Readiness Wildfire Suppression 1. Dispatching 2. Initial Attack 3. Mutual Aid 4. Reinforcements 5. Aviation 6. Cost Share Plan 7. Out-of-Jurisdiction Assignments 8. Billing Procedures 9. Resource Use Rates General Procedures. How to handle: A. B. C. D.
Periodic Program Reviews Annual Updating of Plans Changes During Year (due to budget cuts or supplemental funding) Resolution of Disputes Procedure
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15. Directory of Personnel and/or Authorized Agency Representatives A. B. C. D. E. F. G.
Bureau of Land Management Colorado State Forest Service USDA Forest Service Bureau of Indian Affairs National Park Service Fish and Wildlife Service County 1. Board of Commissioners 2. Sheriff's Department H. Fire Departments
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EXHIBIT C
SAMPLE COST SHARE AGREEMENT Following is the Cost Share Agreement between the Agencies identified below as negotiated for the following incident. INCIDENT NAME: ___________________________________________________________________ INCIDENT NUMBERS BY AGENCY: ___________________________________________________ START TIME AND DATE: ____________________________________________________________ JURISDICTIONS: ____________________________________________________________________ CAUSE: ____________________________________________________________________________ INCIDENT COMMANDER(S): _________________________________________________________ This Cost Share Agreement between and with the cooperation of under the following authorities provided by: 1.
2. 3.
, was prepared
The Interagency Cooperative Fire Management Agreement between the State of Colorado; USDA Forest Service; USDI Bureau of Land Management; USDI National Park Service; USDI Bureau of Indian Affairs; USDI Fish and Wildlife Service. Agreement for Cooperative Wildfire Management between __________ County and the State of Colorado. _______________________________________________________________________
Agency Representatives participating in development of the Cost Share Agreement.
Agency:
Agency:
Name:
Name:
Title:
Title:
Agency:
Agency:
Name:
Name:
Title:
Title:
COST SHARE AGREEMENT FOR THE _________________________ INCIDENT: It is hereby agreed that the cost basis on this incident will be shared as follows
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Rationale used in developing this cost agreement:
The following section is optional, but will be used only if costs are calculated on a percentage basis and a computer-based incident cost accounting system is not available: DIRECT COSTS
AGENCY
TOTAL
AIR/RETARDANT COSTS
100
%
%
%
%
%
%
%
%
%
100
%
This Agreement and the apportionment contained are our best judgments of Agency cost responsibilities on the date/time shown. Additional Cost Share Agreements for this incident may be approved for future time periods, as conditions and fire spread change. SIGNATURE:
DATE:
AGENCY:
PHONE:
MAILING ADDRESS:
Page 28 6/8/2006
TIME:
SIGNATURE:
DATE:
AGENCY:
PHONE:
TIME:
MAILING ADDRESS:
SIGNATURE:
DATE:
AGENCY:
PHONE:
MAILING ADDRESS:
Page 29 6/8/2006
TIME:
ITEMS TO CONSIDER WHEN NEGOTIATING A COST SHARE AGREEMENT Negotiating cost share agreements within the State of Colorado has been delegated to the respective unit administrators in the Interagency Cooperative Fire Management Agreement. County officials must also be included. Cost share agreements are to be documented, including the basis or rationale used. The following guidelines should be considered when negotiating a cost share agreement. These are intended to help field personnel in negotiating an equitable agreement and are not intended to be mandatory. Unit Administrator (Line Officer): the individual assigned administrative responsibilities for an established organizational unit, such as Forest Supervisors or District Rangers (USFS), District or Area Manager (BLM), Area Forester or State Forester Designate (State), Regional Director or Refuge Manager (USFWS), Park Superintendent (NPS), and Agency Superintendent (BIA), and may include a county commissioner at the local level. General Guidelines: 1. Agency budgeted costs normally are not shared. 2. Responsibility for claims is considered to be outside the scope of the cost share agreement. 3. Rehabilitation costs other than on the fireline are the responsibility of the jurisdictional Agency. 4. All cost share negotiations should include consideration to each Agency's values at risk and resources assigned. 5. Cost share agreements should normally be reviewed at the end of each burning period and documented with review date and time. Method 1: Cost can be shared proportionately based upon the acreage burned. Method 2: Costs between the Agencies can be based on a summary of daily estimated incident costs and each Agency's proportionate share thereof. If this method is used, daily cost sharing should be properly documented by the Incident Commander. Aircraft and retardant should be on an actual use basis. Method 3: Costs can be shared based upon direct fireline resources assigned basis. Aviation resources, retardant, etc. should be on an actual use basis. Indirect costs are then shared proportional to direct costs. This is the most equitable method and should be utilized on incidents when a Type I team is assigned. Definitions: Direct Costs: All costs associated with direct fireline/fireground and operations including aircraft, except airtankers and their retardant, and incident support ordered by or for the incident prior to completion of the cost share agreement. Airtanker costs and associated retardant costs are direct costs but normally are calculated at a separate cost share rate. Facilities and Administrative Costs (Indirect Costs): Costs that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project, and instructional activity, or any other institutional activity. These costs may include office support personnel, mobilization/demobilization centers, dispatching, airbase operations, transportation from home base to camp, and minor or major equipment repairs to incident-assigned and damaged equipment (except those costs included in equipment rental rates). Facilities and administrative costs can be shared proportionately with direct costs except where identified to be shared differently in the cost share agreement.
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EXHIBIT D DOCUMENTS REQUIRED TO TRANSFER MONEY BETWEEN FEDERAL AGENCIES AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY THROUGH COLORADO STATE UNIVERSITY ON BEHALF OF THE COLORADO STATE FOREST SERVICE 1. Please enter the type of document(s) required by your Agency to TRANSFER monies to the Colorado State Forest Service. FEDERAL AGENCIES FIRE SUPPRESSION RURAL FIRE ACTIVITIES PRESCRIBED BURNS U.S. Forest Service Cooperative Fire Agreement Grant Participating Agreement U.S. Bureau of Land Management Purchase Order Cooperative Agreement Purchase Order U.S. National Park Service Cooperative Agreement Grant Cooperative Agreement U.S. Fish & Wildlife Service Purchase Order Cooperative Agreement Purchase Order U.S. Bureau of Reclamation Procurement Financial Assistance Procurement U.S. Bureau of Indian Affairs Purchase Order Cooperative Agreement Purchase Order 2. Please enter the type of document(s) required by your Agency to TRANSFER monies to other Federal Agencies. FEDERAL AGENCY BUYER FIRE SUPPRESSION RURAL FIRE ACTIVITIES PRESCRIBED BURNS U.S. Forest Service Not applicable AD-672 AD-672 U.S. Bureau of Land Management Interagency Agreement (IDEAS) Interagency Agreement (IDEAS) Interagency Agreement (IDEAS) Articles Articles Articles IGO 1681-3 (IDEAS) IGO 1681-3 (IDEAS) IGO 1681-3 (IDEAS) U.S. National Park Service Interagency Agreement (IDEAS) Interagency Agreement (IDEAS) Interagency Agreement (IDEAS) Without Articles (NPS form not Articles Articles numbered IGO 1681-3 (IDEAS) IGO 1681-3 (IDEAS) U.S. Fish & Wildlife Service Interagency Agreement/IntraInteragency Agreement/IntraInteragency Agreement/IntraAgency Agreement Agency Agreement Agency Agreement U.S. Bureau of Reclamation Interagency Agreement Interagency Agreement Interagency Agreement U.S. Bureau of Indian Affairs Interagency Agreement Interagency Agreement Interagency Agreement (For internal operating procedures or internal documents, contact your local Contracting Officer/Assistance Officer or Grants & Agreements Specialist.)
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3. Please enter the type of document(s) required by your Agency to RECEIVE monies from other Federal Agencies. FEDERAL AGENCY SELLER FIRE SUPPRESSION RURAL FIRE ACTIVITIES PRESCRIBED BURNS U.S. Forest Service Not applicable AD-672 AD-672 U.S. Bureau of Land Management 1681-3 (WORD) 1681-3 (WORD) 1681-3 (WORD) Statement of Work Statement of Work Statement of Work Attached Other Agency Form Attached Other Agency Form Attached Other Agency Form U.S. National Park Service Interagency Agreement (Will 1681-3 (WORD) 1681-3 (WORD) accept other Agency format, but Statement of Work Statement of Work needs to meet basic NPS key Attached Other Agency Form Attached Other Agency Form elements) U.S. Fish & Wildlife Service Interagency Agreement (Other Interagency Agreement Initiated Interagency Agreement (Other Agency Form acceptable) by Other Agency (Other Agency Form acceptable) Agency Form acceptable) U.S. Bureau of Reclamation Interagency Agreement Interagency Agreement Interagency Agreement U.S. Bureau of Indian Affairs Interagency Agreement Interagency Agreement Interagency Agreement (For internal operating procedures or internal documents, contact your local Fiscal/Financial/Budget Officer.)
Page 32 6/8/2006
Rev. 1/2011
Wildfire Emergency Response Fund (WERF) Guidelines The Wildfire Emergency Response Fund (Ref: Colorado State Statue CRS 23-31-309) was created to assist local jurisdictions with initial attack wildland fire response on state and private lands within the state of Colorado. Any County Sheriff, municipal fire department, or fire protection district within Colorado may request WERF as the official Requesting Agency. WERF will reimburse, if funds are available, the Requesting Agency the cost of eligible wildland firefighting resources.
ELIGIBLE FOR WERF Both an aerial resource and a hand crew on the same incident. 1st hour of firefighting helicopter rotor time + pilot time OR AERIAL RESOURCES 1st aerial tanker flight + drop + retardant AMD-carded & USFS-carded pilots, if federal resources involved One hand crew for up to two operational periods, beginning from time of departure to fire Type 1, Type 2 Initial Attack, or Type 2 NWCG-qualified crews HAND CREW Preference for State inmate crews. When state inmate and other hand crews are both used on an incident only the state inmate crews will be covered. Different hand crews may be used, but only one hand crew for the first operational period and another crew for the second operational period. There are often additional costs associated with the use of aircraft and hand crews.
NOT ELIGIBLE FOR WERF
AERIAL RESOURCES
HAND CREW
Fixed wing aircraft reimbursement does not include lead plane or aerial observer aircraft. Additional helicopter personnel (helicopter crew) Ferry time/flight time to bring aerial resource to Colorado Fuel truck Chase truck Two hand crews for one operational period Travel time to bring hand crew from outside Colorado Crew logistics of lodging, camping, and per diem
Consult the County Annual Operating Plan for the local, state, and federal dispatch procedures to order WERF resources. The Requesting Agency must notify the local Colorado State Forest Service (CSFS) District of each WERF request. The CSFS District will within 72 hours email the CSFS Fire Division at [email protected] who requested (sheriff, fire chief, etc.), fire name, resource name, and date of use. Since the CSFS has been tasked by the Colorado State Legislature to administer and manage this fund, it is critical that CSFS receives notification of any and all WERF requests to maintain an accurate balance of the fund.
- - - - - - INCIDENT COST SHARE AGREEMENT INCIDENT NAME: INCIDENT NUMBER: CO-ARFSTART TIME AND DATE:
@ (estimated)
JURISDICTIONS: Arapaho Roosevelt NF, CAUSE: INCIDENT COMMANDER(s): This Cost Share Agreement between the USFS, Arapaho Roosevelt NF and - - - - was prepared under the following authorities provided by: 1. The Interagency Cooperative Fire Management Agreement between the State of Colorado; USDA Forest Service; USDI Bureau of Land Management; USDI National Park Service; USDI Bureau of Indian Affairs; USDI Fish and Wildlife Service, 6/8/2006, 2. Agreement for Cooperative Wildfire Management between ---------- County and the State of Colorado, And, under the guidelines of the 2009 ------------ County Annual Operating Plan. Agency Representatives participating in development of the Cost Share Agreement: Agency:
USFS - Arapaho Roosevelt NF
Agency:
Name:
Geoffrey Bell
Name:
Title:
Forest Fire Management Officer
Title:
It is hereby agreed that the cost basis on the - - - - - incident will be shared as follows Select applicable clauses or language below: 1. For all suppression costs, including Aircraft, outside of mutual aid: USFS - Arapaho Roosevelt NF - %, - % 2. For all suppression costs, excluding Aircraft, outside of mutual aid: USFS - Arapaho Roosevelt NF - %, - % 3. For all aircraft costs: USFS - Arapaho Roosevelt NF – %, – % 4. Direct salary costs for employees of the Arapaho Roosevelt NF and - - - will be borne by the respective Agencies. Rationale used in developing this cost agreement: To use the simplest and most equitable method of cost sharing for the duration of the incident until declared out. The Mutual Aid period expired at - - - - hrs on - / - / Select applicable clauses or language below:
Mutual Aid included or did not include costs for aircraft ordered by the USFS – Arapaho Roosevelt NF. This incident was in the urban interface and posed a direct threat to structures and primary residences, which influenced suppression strategy.
- - - - - - INCIDENT COST SHARE AGREEMENT
This incident was in a remote area and posed little threat to human life/safety or structures, which influenced suppression strategy. Aircraft costs were shared % - % A division of costs for other resources was based on the percentage of acres burned according to land ownership. Personnel (firefighters, dispatchers, overhead, law enforcement, etc.) assigned to the incident from the Agencies were approximately equal in number, so all costs were borne by the employing Agencies. Jurisdiction was a mix of % - - - - - - land and % public (NFS) land, so the division of all costs is equal to the percentage of acres burned according to the land jurisdiction. Post-fire replacement expenditures will require approval from the primary Jurisdictional Fire Duty Officer or Agency representative. Rehabilitation costs other than on the fireline (to repair suppression impacts) will be borne by the jurisdictional Agency.
This Agreement and the apportionment contained are our best judgments of Agency cost responsibilities on the date/time shown. This Cost Share Agreement will remain in force until: Select applicable clause below: Month/day/Year. Complexity is elevated to the next level (T3, T2, T1). The fire is declared out / controlled / contained / placed in monitor status. Amended. Additional Cost Share Agreements for this incident may be approved for future time periods, as conditions and fire spread change.
NAME: Glenn Casamassa
TITLE: Forest Supervisor
SIGNATURE: AGENCY:
DATE: Arapaho Roosevelt National Forest
MAILING ADDRESS:
PHONE:
TIME: 970-295-6600
USDA Forest Service, Arapaho-Roosevelt NF 2150 Centre Ave, Bldg. E Fort Collins, CO 80526
NAME:
TITLE:
SIGNATURE:
DATE:
AGENCY:
PHONE:
MAILING ADDRESS:
TIME:
Fort Collins Dispatch Zone Fire Restriction & Fire Ban Criteria The following criteria are used to determine the need for fire restrictions or fire bans. These criteria are based on calculated, quantifiable variables designed to be used within the typical wildfire season; April through October. Local political influences may also need to be considered. Instructions: (Reference the Fire Restriction – Fire Ban Matrix): 1. Select Weather Stations (or representative locations of concern). 2. Obtain the following criteria information from the following sources: • Energy Release Component: National Fire Danger Rating System (NFDRS) or Fort Collins (FTC) Interagency Dispatch. • 1000 hour fuel moisture: NFDRS, or FTC Dispatch. • Live fuel moisture: NFDRS and field sampled results from Arapaho-Roosevelt NF. • FTC-Area Preparedness Level: Daily afternoon radio broadcast or FTC web page; http://www.fs.fed.us/r2/arnf/fire/FTCDailyStaffing.htm • Rocky Mountain Region Preparedness Level: RMACC web page; http://gacc.nifc.gov/rmcc/predictive/rmasit.htm • Weather Trend to determine if short and long-range trends are improving, stable or deteriorating: National Weather Service Fire Weather Forecasts from local Dispatch Center or http://www.crh.noaa.gov/bou/firewx/fire_mainmap.php 3. From the Matrix, determine the critical thresholds for each criterion. 4. From the charts below; determine the number of criteria that have reached or exceeded the threshold for either fire restriction or fire ban. # of Criteria beyond threshold 0 to 1 2 to 3 4 or More
Fire Restrictions None Consider Implement
# of Criteria beyond threshold 0 to 2 3 to 4 5 or More
Fire Ban None Consider Implement
5. Coordinate with all applicable Agencies to initiate actions. 6. Continue to monitor conditions to evaluate status of fire restriction or fire ban, and elevate or suspend as necessary.
• The need for fire restrictions or bans outside the typical fire season will be determined
through consensus of cooperating Agencies. This requires judgment based on qualitative input, along with weather trends and historical patterns. Portions of the matrix are based on NFDRS data, and the fuels criteria are unavailable during the winter due to the nature of wildland fuels models in the western U.S. *
Fort Collins Dispatch Zone Fire Restriction & Fire Ban Criteria
(Larimer County foothills)
Sugarloaf
(Boulder County)
Pickle Gulch
(Clear Creek & Gilpin Counties)
Harbison (Grand County) Corral Creek
(Clear Creek & Gilpin Counties)
Weather Trend
Redstone Canyon
Rocky Mtn. Region Preparedness Level
(Rocky Mountain NP)
FTC - Area Preparedness Level
Estes Park
Live Fuel Moisture
(North Larimer County)
1000 hr. Fuel Moisture
Red Feather
Energy Release Component
(Representative Location)
Elevation
Weather Station
Restriction
60
<12%
<120%
3
4
5-7 days
Ban
68
< 9%
<100%
4
5
7-14 days
Restriction
54
<12%
<120%
3
4
5-7 days
Ban
66
<10%
<100%
4
5
7-14 days
Restriction
68
<10%
<120%
3
4
5-7 days
Ban
76
< 8%
<100%
4
5
7-14 days
Restriction
64
<10%
<120%
3
4
5-7 days
Ban
73
< 8%
<100%
4
5
7-14 days
Restriction
58
<13%
<120%
3
4
5-7 days
Ban
63
<11%
<100%
4
5
7-14 days
Restriction
48
<14%
<120%
3
4
5-7 days
Ban
54
<12%
<100%
4
5
7-14 days
Restriction
63
<11%
<120%
3
4
5-7 days
Ban
74
< 9%
<100%
4
5
7-14 days
Category
8214’
7820’
6160’
6775’
9380’
8640’
8080’
Appendix G Name
Title
Email
Office
Cell
Home
Pager
Colorado State Forest Service Boulder District Office 5625 Ute Highway (Hwy 66) Longmont, CO 80503-9130 FC District Boyd Lebeda Forester BO District Allen Owen Forester FC Asst. Dist. Mike Hughes Forester BO Asst. Ben Pfohl Dist. Forester FC Asst. Diana Selby Dist. Forester
303-823-5774 Fax 303-823-5768 [email protected]
970- 491-8445 970-222-8693
970-482-1268
970-472-4602
[email protected]
303-823-5774
720-289-3572
303-642-0923
303-441-3851 #5983
[email protected]
970-491-8453
970-988-7889
970-407-7272
970-204-2223
[email protected]
303-823-5774
303-909-6506
303-910-6992
303-441-3851 #5987
[email protected]
970-491-8839
970-430-1259
970-222-8434
970-472-4624 970-472-4622 303-441-3851 #5985
Greg Zausen
FC Forester
[email protected]
970-491-8348
970-222-0841
706-968-1422
Bryan Baer
BO Forester
[email protected]
303-823-5774
303-513-3888
630-303-2508
[email protected]
970-491-8660
970-493-4349
[email protected]
303-823-5774
303-485-6451
[email protected]
303-239-3851
Melanie Moorman
FC Admin. Asst. BO Admin. Asst.
Vaughn Jones
Area FMO
Peggy Ely
State Office FDO
303-909-5735
970-222-2784
303-855-0129
Name
Title
Email
Office
Cell
Home
Pager
Bureau of Land Management Front Range Interagency Fire Center 3028 E. Main Cañon City, CO 81212
719-269-8500 Fax 719-269-8596
Bob Hurley
FMO
[email protected]
719-269-8528
719-429-1815
Pat Seekins
AFMO
[email protected]
719-269-8568
719-429-1371
Keith Berger
Field Manager
[email protected]
719-269-8515
719-429-5800
Contact fire staff after hours through Pueblo Interagency Dispatch Center at 800-524-3473, 719-553-1600. A fire duty officer can be notified through Pueblo Interagency Dispatch after hours, weekends and holidays. Name
Title
Email
Office
Cell
Home
Rocky Mountain National Park 1000 Hwy 36 Estes Park, CO 80517 Chief of Ben Bobowski Resources
970-586-1399 Fax 970-586-1318 [email protected]
970-586-1350
Mike Lewelling
FMO
[email protected]
970-586-1287
970-232-5326
Matt Dutton
Fire Operations Specialist
[email protected]
970-586-1436
970-227-0397
Doug Watry
Fuels Specialist
[email protected]
970-586-1211
970-227-4632
970-586-1237
970-372-7670
Vacant Vacant Jeff Singer Paul Cerda James Champ
Fire Program Manager Assistant Fire Program Clerk Module 23 Supervisor Alpine IHC Superintendent Alpine Captain
970-586-1299 [email protected]
970-586-1495
970-692-1578
[email protected]
970-586-1335
970-215-9465
[email protected]
970-586-1457
970-227-6154
Pager
RMNP Dispatch
Name
970-586-1203
Title
Email
970-586-1399
Office
Cell
Home
Pager
United States Forest Service Boulder Ranger District Office 2140 Yarmouth Ave. Boulder, CO 80301 Christine District Ranger Walsh South Zone Will Briggs FMO Dave South Zone Buchanan AFMO Engine 611 Ed LeBlanc Supervisor Engine 612 Chad Buser Supervisor Initial Attack Pat Owens Crew Supervisor Clear Creek Bill Alakai Engine Supervisor Paul Krisanits
LEO
303-541-2500 Fax 303-541-2515 [email protected]
303-541-2505
303-378-6572
303-543-6966
[email protected]
303-541-2520
303-956-2465
303-543-5961
[email protected]
303-258-0234
303-506-7659
303-543-5962
[email protected]
303-258-9193
303-956-2858
303-543-5966
[email protected]
303-258-9193
303-956-3623
303-543-5967
[email protected]
303-258-9193
303-956-4902
303-543-5973
[email protected]
303-567-3023
303-956-0577
303-543-5963
[email protected]
303-541-2513
303-543-5975
Prevention [email protected] 303-541-2514 720-289-5941 Technician Personnel can be paged through Boulder County Communications Center at 303-441-4444 or 303-441-3851 Julie Stennes
303-543-5964
Fort Collins Interagency Dispatch Center 2150 Center Ave Building E Fort Collins, CO 80526-8119 Center Irene Mora Manager
24 Hour Contact: 970-295-6800 Fax: 970-295-6801 [email protected]
970-295-6830
970-219-9490
970-490-5291
Asst. Center Manager Aircraft Dispatcher
Scott Molinari Jon Stevi Geoff Bell
FMO
Vacant
AFMO
Name
Title
[email protected]
970-295-6831
970-217-1281
[email protected]
970-295-6832
970-217-5444
[email protected]
970-295-6631
970-217-9814
970-229-8636
970-217-9488
Email
Office
Cell
Home
Pager
Boulder County Sheriff’s Office 1777 6th St. Boulder, CO80302 Joe Pelle
Sheriff
303.441.444 Fax: 303.441.1769 [email protected]
303-441-4609
303-910-1033
501
Emergency Services Dave Booton
ES Sergeant
[email protected]
303-441-3625
303-818-7968
1590
Marci Linton
ES Coordinator
[email protected]
303-441-3646
303-859-1775
1591
Jay Stalnacker
FMO
[email protected]
303-441-3642
303-519-8103
1592
Sue Cullen
ES Coordinator
[email protected]
303-441-3637
303-818-1051
577
Emergency Management Mike Chard
Director
[email protected]
303-441-3653
303-565-7878
1501
Dan Barber
Sergeant
[email protected]
303-441-3607
303-817-6539
530
Merrie Harper
Coordinator
[email protected]
303-441-3647
303-565-7408
1589
Amy Danzl
Project Specialist
[email protected]
303- 441-3640
303-565-7409
6038
Personnel can be paged through Boulder County Communications Center at 303-441-4444 or 303-441-3851
INCIDENT RADIO COMMUNICATIONS PLAN ICS FORM 205
1. INCIDENT NAME
2. DATE/TIME PREPARED
Extended Attack Wildland Fire/All Hzzrd
3. OPERATIONAL PERIOD DATE/TIME
updated March 7, 2011
4. BASIC RADIO CHANNEL UTILIZATION TX Tone/NAC
Mode Digital (D) Analog (A) Mixed (M)
W
179.9
A
157.2500
N
156.7
A
BCSO Portable Repeater
131.8
153.7700
W
131.8
A
County wide repeated - do not use for local tactical communications
N
cs
151.1375
N
156.7
A
154.4525
N
cs
154.4525
N
156.7
A
Div B
158.7375
N
cs
158.7375
N
156.7
A
Y VTAC14
Div Y
159.4725
N
cs
159.4725
N
156.7
A
8
C VFIRE24
Div C
154.2725
N
cs
154.2725
N
156.7
A
9
X VFIRE26
DIV X
154.3025
N
cs
154.3025
N
156.7
A
10
SG1 FERN 2
STRUCTURE GROUP 1
154.2950
W
cs
154.2950
W
156.7
A
11
SG2 FERN 3
STRUCTURE GROUP 2
154.2650
S
cs
154.2650
W
156.7
A
12
FERN 1
MEDICAL EMERGENCY
154.2800
W
cs
154.2800
W
156.7
A
13
AIRGND 7
air to ground
166.8500
N
cs
166.8500
N
cs
A
14
CREW
15
RNF GUNB
16
Red NW
Interop to DTRS
17
BC MAC (DTRS)
OEM
18
BC FIRE 3 (DTRS)
COORDINATION
RX Frequency Narrowband (N) Wideband (W)
RX Tone/NAC
TX Frequency Narrowband (N) Wideband (W)
Ch #
Channel Name
Assignment
1
Red 1
Dispatch/Emergency
154.3250
W
179.9
154.3250
2
VTAC17RPT
Command Rpt
161.8500
N
156.7
3
Red 6
Alt Command Rpt
154.3700
W
4
A VTAC11
Div A
151.1375
5
Z VTAC12
Div Z
6
B VTAC13
7
5. I-205 Prepared By
Remarks
Air Ground Ch. 7 INTERCREW DESIGNATED FREQ
169.1750
N
cs
169.9750
N
103.5
A
155.2500
W
110.9
155.2500
W
110.9
A
800 Mhz DTRS 800 Mhz DTRS
Scott Whitehead COML BCSO Comm Div. Technical Services
D D
cross band connected to state DTRS
INCIDENT RADIO COMMUNICATIONS PLAN ICS FORM 205
1. INCIDENT NAME
2. DATE/TIME PREPARED
Initial Attack Wildland Fire
3. OPERATIONAL PERIOD DATE/TIME
updated March 7, 2011
4. BASIC RADIO CHANNEL UTILIZATION RX Frequency Narrowband (N) Wideband (W)
RX Tone/NAC
TX Frequency Narrowband (N) Wideband (W)
TX Tone/NAC
Mode Digital (D) Analog (A) Mixed (M)
Ch #
Channel Name
Assignment
1
Red 1
Dispatch/Emergency
154.3250
w
179.9
154.3250
w
179.9
A
2
Red 2
reserved for City Ops
154.2050
w
179.9
154.2050
w
179.9
A
3
Red 3
Division A
154.4150
w
179.9
154.4150
w
179.9
A
4
Red 4
153.8300
w
179.9
153.8300
w
179.9
A
5
Red 5
Division B
153.9500
w
167.9
153.9500
w
167.9
A
6
Red 6
Command/coord No Tactical
154.3700
w
131.8
153.7700
w
131.8
A
7
Red 7
Division C
155.8500
w
203.5
155.8500
w
203.5
A
8
Fern 1
Medical Emergency
154.2800
w
cs
154.2800
w
156.7
A
9
Fern 2
Structure Protection
154.2950
w
cs
154.2950
w
156.7
A
10
Fern 3
Water Supply/Staging
154.2650
w
cs
154.2650
w
156.7
A
11
AIRGND 7
air to ground
166.8500
n
cs
166.8500
n
cs
A
Air Ground Channel 7
12
Red NW
Interop to DTRS
155.2500
w
110.9
155.2500
w
110.9
A
cross band connected to state DTRS
13
RNF GUNB
169.1750
n
cs
169.9750
n
103.5
A
14
RNF WORK
166.5625
n
cs
166.5625
n
cs
A
15
NLEC
LAW TAC
155.4750
w
cs
155.4750
w
156.7
A
16
Yellow 2
LAW OPS
155.9250
w
123.0
154.3100
w
123.0
A
5. I-205 Prepared By
Scott Whitehead BCSO Comm Div. Technical Services
Remarks
low power only
1. Incident Name
INCIDENT RADIO COMMUNICATIONS PLAN
2. Date/ Time Prepared
FTC Area Type III Incident
3. Operational Period Date/Time
For Use in 2011 4. Basic Radio Channel Utilization
Mode: W=Wideband Analog, N=Narrowband Analog, D=Digital, M=Mixed
Channel
Function
1
Tac 1
2
Tac 2
3
Tac 3
4
Command Repeater
5
Air-Ground
6
Roosevelt Direct
7
Roosevelt Repeater(s)
8
Arapaho Direct
9
Arapaho Repeater(s)
10
RMNP Fire Repeater
11
FERN 1
12
Logistics
13
Local County 911 Center
14
Local Law Enforcement
15
FERN 2
16
FERN 3
RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX: RX: TX:
Frequency 166.5625 166.5625 168.6750 168.6750 168.6125 168.6125 167.1375 173.6250 166.8500 166.8500 169.1750 169.1750 169.1750 169.9750 169.8750 169.8750 169.8750 170.4750 164.4250 168.3750 154.2800 154.2800 163.7125 163.7125 LIST LIST TBD TBD 154.2950 154.2950 154.2650 154.2650
Tone
List
List 103.5
LIST
Mode
Assignment
Remarks
N
Tac 1
Roosevelt Work Net (Base on Buckhorn Mtn.)
N
Tac 2
R2 Tactical
N
Tac 3
National Common Use
N
Command Repeater
FTC Portable Repeater
N
Air-Ground
NIICD Assigned Interagency Zone Air-Ground AG7
N
Fort Collins Dispatch
Roosevelt Net
N
Fort Collins Dispatch
TX Tones: Deadman: 110.9, Buckhorn: 123.0, Twin Sisters 131.8, Thorodin 136.5, Pawnee 167.9, Gunbarrel 103.5, Portable 151.4,
N
Fort Collins Dispatch
Arapaho Net
N
Fort Collins Dispatch
TX Tones: Squaw: 110.9, Mines: 123.0, S Cottonwood 131.8, Blue Ridge 136.5, Portable 151.4
N
RMNP Fire Repeater
Twins Sisters
W
Interagency Communications
Back-up Use only
N
ICP Logistics
National Common Use
W
Local 911 Center
Determined by Location of Incident
W
TBD
Determined by Location of Incident
W
Interagency Communications
Back-up Use only
W
Interagency Communications
Back-up Use only
5. Prepared by: Mark S. Nelson Approved by: NFRWFC Borad on 03/17/2011
Use Forest Repeaters if FTC and ICP cannot communicate through the FTC Portable Command Repeater. FTC T3 IMG Air-Air Frequency: 127.3250. Air Guard-168.6250(110.9) For emergency initial contact only. Request additional A/A & A/G frequencies from FTC if needed. TONES: Program appropriate Forest Repeater and County 911 Center tones based on location of incident. Tone 1-100.0 2-103.5 3-110.9 4-123.0 5-131.8 6-136.5 7-156.7 8-167.9 9-179.9 FTC Area County 911 Frequencies (Channel 13): Larimer 154.385 (RX/TX) Tone 156.7 Boulder: 154.3250 (RX) 155.3530 (TX) Tone: 179.9 Gilpin: 153.8450 (RX) 156.0150 (TX) Tone: 100.0 Clear Creek: 155.0250 (RX) 155.7450 (TX) Tone: 100.0 Grand: 155.9400 (RX) 153.9200 (TX)Tone: 156.7 ICS 205
NFES 1330
