WILDLAND FIRE COSTS:
|Central Yavapai Fire District
attn: Fire Chief
8555 S. Yavapal Road
Prescott Valley, Arizona 86314
City of Prescott
Either party may cancel this agreement pursuant to the requirements of A.R.S. § 38—511.
SECTION 7. - INDEMNIFICATION
Each party hereby agrees to hold harmless from and indemnify the other party, or any of their departments, agencies, officers or employees for that portion of all costs, damages and liability incurred as a result of the negligent act or omission of an employee or agent of the indemnifying party, or in the case of activity in which the law applies a gross negligent standard, any cost, damage or liability incurred as a result of the gross negligence of the employee or agent of the indemnifying party.
This indemnification provision shall be several as a whole, and is contingent upon the same not acting to defeat either party’s insurance coverage relating to either party’s liability for the acts of its employees or agents.
Nothing herein shall be construed to prevent either party from alleging or petitioning for ~n allocation of fault or for contribution in the event of a. third party claim.
This agreement shall not be construed as a third party beneficiary contract, it shall be intended to benefit only the parties named specifically herein.
SECTION 8. - WORKERS’ COMPENSATION COVERAGE
All other employees of a party to this Agreement, who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement, shall be deemed to be an employee of the party who is his or her primary employer, as provided in A.R.S. § 23—1022(0), and the primary employer/party of such an employee shall be solely liable for payment of workers’ compensation benefits for the purposes of this section, Each party herein shall comply with the previsions of A.R.S. § 23-1022(E) by posting the public notice required.
SECTION 9. - NON-DISCRIMINATION
The parties, with regard to this Agreement, will, not discriminate on the grounds of race, color, national origin, religion, sex, disability or familial status in the selection and retention of subcontractors, including procurement of materials and leases of equipment, The parties will not participate either directly or indirectly in the discrimination prohibited by or pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section l09 of the Housing and Community Development Act of 1974, the Age Discrimination Act of 1975, and Executive orders 99—4 and 2000-4.
SECTION 10. - MISCELLANEOUS
This Agreement supersedes all previous Intergovernmental Agreements between the CITY and DISTRICT relating to Automatic Aid.
SECTION 11. – BINDING EFFECT
This Agreement shall be binding upon the parties and any successor in interest. No provision herein is intended to create a third beneficiary interest in any person or entity, including but not limited to the respective employees or agents by either party.
SECTION 12. – WAIVER OF JURY TRAIL.
The parties hereto expressly covenant and aqree that in the event of a dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury. In the event of litigation, the parties agree to submit to a trial before the Court.
SECTION 13. – WAIVER OF ATTORNEYS’ FEES
The parties hereto expressly covenant and agree that in the event of litigation arising from this Agreement, neither party shall be entitled to an award of attorneys’ fees, either pursuant to the Contract, pursuant to A.R.S. §12—34l.0l(A) and (E), or pursuant to any other state or federal statue.
IN WITNESS WHEREOF, the parties enter into this agreement on the date set forth below.
APPENDIX C: JEFFERSON COUNTY’S ANNUAL FIRE
SUMMARY OF CONTENTS
At the Panel’s workshop in Boulder, Colorado, officials from Jefferson County supplied copies of their Annual Fire Operating Plan. This plan illustrates the kinds of information should be covered in an effective operating plan:
In the first pages, an Annual Operating Plan should contain plan approvals from authorized agencies; list the jurisdictions and participants within the plan’s area; identify the legal authority for the plan; and describe the purpose of the plan.
Definitions and Descriptions
This section should establish the legal responsibilities of the respective jurisdictional agencies by clearly identifying who is responsible for the following: (1) wildfire suppression within the area covered by the plan; (2) non-wildland fire emergencies; and (3) wildfire suppression damage. In addition, this section should deal with mutual aid dispatch, mutual aid move-up and cover facilities, and any special management considerations.
Fire Protection Resource List
This section should list fire protection resources within the area covered by the plan. For each resource listed, the plan should identify its Incident Command System (ICS) type, location, anticipated availability period, staffing levels, and key contacts.
Protection Area Maps
After including a map of the protection area, this section should establish that a landowner will be notified as soon as practical when their land is threatened by a wildfire. Moreover, it should determine who is responsible for responding to such a fire and whether this is reimbursable; identify any special management consideration areas; and establish procedures for updating the maps of protected areas.
This section should cover the following issues: (1) fire planning, (2) wildfire training needs and coordination, and (3) inspection schedules for fire equipment. For fire planning, it should establish rules to govern the development of pre-attack plans, trigger points for increasing or decreasing readiness, and responsibility for prevention plans and prescribed burn plans. For wildfire training needs and coordination, it should establish responsibility for providing training and protective gear. For inspection schedules, it should determine who conducts inspections and how often.
Wildfire Suppression Procedures
This section should determine when the ICS is to be utilized. As a general rule, these plans should establish that ICS—a standardized method of managing emergency incidents—be used to manage all wildfires. This system is based upon a common organizational structure, common terminology, common operating procedures, and known qualifications of emergency personnel. The plan should include an ICS incident organizational chart. It should also establish the principles to govern the following: (1) aerial detection flights; (2) notification about wildfires; (3) mutual aid dispatch areas; (4) initial attack dispatch levels; dispatching and resource order processes; (5) reinforcements and support; (6) move-up and cover locations and procedures; (7) interagency procurement, loaning, sharing, or exchanging and maintenance of facilities, equipment, and support services; (8) interagency sharing of communications systems and frequencies; (9) wildland fire situation analysis; (10) state emergency fire fund assistance; (11) dispatch centers or incident support facilities; (12) post-incident action analysis; and (13) out-of-jurisdiction assignments.
This section should include an aviation map of the protected area; establish principles of flight following and frequency; identify the federal, state, local, and reservist resources available to support the aircraft; establish principles for aviation requests and operations; identify fixed wing and single-engine bases; and specify aircraft inspection schedules.
This section should establish responsibility for coordinating the following activities: releases about fire danger, distribution of fire prevention materials, adoption of fire restrictions, issuance of fire permits, and availability of fire weather reports. It should also establish principles to govern information and education, engineering, enforcement, and incident reports.
Fuel Management and Prescribed Fire Considerations
This should cover issues related to the management of fuels and the use of prescribed fire. In general, the respective agencies should agree to cooperate in the development and implementation of prescribed burning programs and projects; assign responsibility for wildfires resulting from an escaped prescribed fire; and ensure that burn plans for cooperative prescribed fires will cover cost sharing, reimbursement, and responsibility for suppression costs.
This section should determine which items are reimbursable and which are not. It should also cover cost reimbursement for dispatching, initial attack, mutual aid, reinforcements, and out-of-jurisdiction assignments. It should also establish billing and reimbursement procedures; resource use rates for personnel, equipment, and supplies and material; and cooperative resource rate forms.
The plan should include a general procedures section to establish periodic program reviews, processes for making changes during the year and updating the plan annually, and principles to resolve disputed. It should also include a directory of personnel and authorized agency representatives.
APPENDIX D: PARTICIPANTS
FIREFIGHTING WORKSHOP BREAKOUTS
The Panel extends its appreciation to all the participants at the firefighting breakout sessions at the four workshops, each of whom is listed below. The Panel also extends its appreciation to other helpful contacts at the Department of the Interior, the Federal Emergency Management Agency, USDA Forest Service, U.S. Fire Administration, and others at the state and local level.
FLAGSTAFF, ARIZONA—APRIL 3-4, 2003
Tom Beddow, Deputy Director, Fire & Aviation, Southwest Region, USDA Forest Service, Springerville, Arizona
Kevin Boness, Arizona State Land Department, Flagstaff, Arizona
David Duggan, Fire Chief, Flagstaff Ranch Fire District, Flagstaff, Arizona
Bruce Greco, Fire Staff Officer, Coconino National Forest, Flagstaff, Arizona
Don Howard, Fire Chief, Structure Protection Specialist, Summit Fire Department, Flagstaff, Arizona
Roger Mineer, Fire Chief, Lakeside Fire Department, Lakeside, Arizona
David Mueller, Program Lead, Fuels Management Specialist, Bureau of Land Management, Arizona State Office-Resources Division, Phoenix, Arizona
Marilyn Price, Fire Chief, Linden Fire Dept, Show Low, Arizona
Miquelle Scheier, Senior Manager, Coconino County Rural Environment Corps
Paul Summerfelt, Fuel Management Officer, Flagstaff Fire Department, Fire Chief’s Office, Flagstaff, Arizona
Rich Van Demark, Forester, Regional Payson Area Project
Kevin Wiesmann, Project Coordinator, Northern Arizona Conservation Corps, Flagstaff, Arizona
Darrell Willis, Fire Chief, Prescott Fire Department, River Plateau, Prescott, Arizona
Rodger Zanotto, Stewardship Staff Officer, Coconino National Forest, USDA Forest Service, Flagstaff, Arizona
BOULDER, COLORADO—APRIL 28-29, 2003
Justin Dombrowski, Wildland Fire Management Officer, City of Boulder, Boulder, Colorado
Mike Foley, Fire and Vegetation Management Officer, Arapaho and Roosevelt National Forest, Fort Collins, Colorado
Kristin Garrison, Assistant District Forester, Colorado State Forest Service-Franktown, Franktown, Colorado
Rich Homann, Fire Division Supervisor, Colorado State Forest Service, Fort Collins, Colorado
Bill Mills, Wildland Risk Management Officer, Colorado Springs Fire Department, Colorado Springs, Colorado
Christina Randall, Vegetation Management Program Coordinator, Colorado Springs Fire Department, Colorado Springs, Colorado
Rocco Snart, Wildfire Mitigation Specialist, Jefferson County Emergency Management, Golden, Colorado
BEND, OREGON—MAY 22-23, 2003
Jack Barringer, Chairman of the Board, Black Butte Ranch RFPD, Black Butte Ranch, Oregon
Gary Cooke, Fire Management Officer, Warm Springs Confederated Tribes, Warm Springs, Oregon
Earl Cordes, Fire Chief, Jefferson County RFPD # 1, Madras, Oregon
Don Jenson, Deputy Fire Chief, Operations, City of Bend Fire Department, Bend, Oregon
Larry Langley, Assistant Fire Chief, Crooked River Ranch, Rural Fire Protection District, Terrebonne, Oregon
Robert Madden, Battalion Chief, City of Bend Fire Department, Bend, Oregon
Bob Schnoor, Fire Chief, Crook County Rural Fire District, Prineville, Oregon
Larry Timchak, Forest Supervisor, Deschutes & Ochoco National Forests, USDA Forest Service, Region 6 & Pacific Northwest Research Station, Prineville, Oregon
PALM COAST, FLORIDA—JULY 10-11, 2003
Barry Baker, Ormond Beach Fire Department, Ormond Beach, Florida
M. C. Beadle, Chief, Fire/Rescue, City of Palm Coast, Palm Coast, Florida
Jamey Burnsed, Volusia Country Fire Department, Deland, Florida
Jim Cooper, Division Chief, Flagler County Fire Services, Bunnell, Florida
Bruce Harvey, Fuels/Prescribed Fire Specialist, USDA Forest Service, National Forest in Florida, Tallahassee, Florida
Andy Hirko, Plum Creek Timber Company, Palatka, Florida
Chuck Johnston, Wildfire Mitigation Specialist, Sarasota County Fire Department, Sarasota, Florida
John Kern, Deputy Chief, Field Operations, Florida Division of Forestry, Withlacoochee Forestry Center, Brooksville, Florida
Bill Scaramellino, Forest Area Supervisor, Florida Division of Forestry, De Leon Springs, Florida
 The NASF Steering Group consisted of the International Association of Fire Chiefs, the National Volunteer Fire Council, the U.S. Fire Administration, the National Fire Protection Association, the National Association of State Foresters, the National Association of Counties, the USDA Forest Service, and the Department of the Interior.
 National Academy of Public Administration. Wildfire Suppression: Strategies for Containing Costs, September 2002. p. 43.
 A “local” fire department works under the jurisdiction of a town, city, county, or other level of local government. It can be paid or volunteer, urban, or rural.
 National Association of State Foresters Steering Group. The Changing Role and Needs of Local, Rural, and Volunteer Fire Departments in the Wildland-Urban Interface (Washington, DC: June 30, 2003).
 Specifically, the manual states the following: “Personnel from agencies who do not subscribe to the NWCG qualification standards may be used on agency-managed fires. However, agency fire managers must ensure these individuals are only assigned to duties commensurate with their abilities, agency qualifications, and equipment capabilities.”
 NASF Steering Group, page 17.
 National Association of State Foresters Steering Group, page 14.
 National Academy of Public Administration, Managing Wildland Fire: Enhancing Capacity to Implement the Federal Interagency Policy (Washington, DC, 2001).
 NASF Steering Group, page 20.
* Academy Fellow
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