No preview available
HomeMy WebLinkAboutC18-323 Community Wildfire Planning Center Page 1 Memorandum of Understanding Between Eagle County Colorado and Community Wildfire Planning Center I. Overview This Memorandum of Understanding (“Memorandum”) is effective __________________ by Eagle County, Colorado, a body corporate and politic by and through its Board of County Commissioners (“Eagle County”) and Community Wildfire Planning Center (“CWPC”). Eagle County and CWPC may be referred to individually as a “Party”, or together as the “Parties.” II. Purpose In 2014, the Vail Board of REALTORS® contracted a consulting team to develop a wildfire program, now known as REALFire®, to address wildfire threat to property owners by providing outreach, trainings, and property assessments. As part of its program development activities, the consulting team worked closely with Eagle County to identify Eagle County’s interest and role in the program. During program development discussions, Eagle County and the Vail Board of REALTORS® conveyed their long-term interest in transferring the REALFire® program administration and management duties to a not-for-profit organization dedicated to community wildfire risk reduction and resilience activities. In 2017, CWPC formed as a 501(c)3 and Eagle County and the Vail Board of REALTORS® identified CWPC as the appropriate not-for-profit organization to assume responsibility of the REALFire® program. While CWPC will administer the program, Eagle County has a continued commitment to the long-term success of the REALFire® program and desires to maintain a critical role in program coordination within Eagle County. The purpose of this Memorandum is to formalize a cooperative relationship between Eagle County and CWPC for the purpose of memorializing each Party’s obligation to one another with regard to operation of the REALFire® program in Eagle County, Colorado. III. Program Funding As part of the REALFire® program development phase, multiple entities contributed in-kind services and/or dollars. In addition, grant funds were obtained through several state and federal sources. The Vail Board of REALTORS® maintained all of the received funds, including grant dollars, in order to manage and administer REALFire® program activities. The Vail Board of REALTORS® transferred the remaining portion of the REALFire® program funds to CWPC as part of the REALFire® program’s administrative transition from the Vail Board of REALTORS® to CWPC. Eagle County has provided ongoing in-kind services and an initial one-time cash contribution of $30,000 in 2016 to support the development of the REALFire® program. All initial funds contributed by Eagle County, the Vail Board of REALTORS®, and other contributing associations DocuSign Envelope ID: 714901C8-2270-4C4A-A971-FDA140BA71B2 11/2/2018 Page 2 were spent on program development. However, remaining funds from the Vail Board of REALTORS® for hard match dollars on grants awarded by the Colorado Department of Natural Resources in subsequent years allow CWPC to continue supporting the REALFire® program in Eagle County. CWPC will allocate $20,000 of those remaining funds contributed by the Vail Board of REALTORS® to support Eagle County REALFire® program activities, such as assessor training, database maintenance, and other activities as described in Section IV. Roles and Responsibilities. CWPC will use these funds as “draw down” funds to support the REALFire® program in Eagle County and will update Eagle County on the balance of these funds. Once CWPC expends the entire $20,000, the Parties anticipate entering into a contract for CWPC to provide future Eagle County REALFire® program services, as applicable. In the event that Eagle County determines it no longer supports REALFire® program activities, as described in said Memorandum, and a remaining balance of funds exists, the balance of funds shall remain with CWPC. IV. Roles and Responsibilities A. Eagle County i. Liaise with local fire protection districts, home owner associations, and other local organizations seeking information about the REALFire® program in Eagle County in the role of the Local Program Administrator. ii. Share networking updates and/or contact information with CWPC for organizations and entities outside of Eagle County that are interested in the REALFire® program. iii. Schedule, coordinate and conduct local assessments within Eagle County, Colorado including the coordination of all qualified Wildfire Mitigation Specialists, maintenance of complete application data in the REALFire® database, obtaining property owner liability waivers, conducting quality assurance audits, and reviewing final reports prior to issuance. iv. Schedule and conduct follow-up on-site property inspections and updating the REALFire® database. v. Issue mitigation recognition certificates to properties that have successfully completed all previous program mitigation requirements. vi. Provide program feedback to CWPC to improve database functionality. vii. Identify and collaborate with CWPC on grant funding opportunities for the REALFire® program within Eagle County. viii. Identify and collaborate with CWPC on local training and outreach opportunities to further increase awareness of the REALFire® program and intended risk reduction outcomes. B. CWPC i. Assume ownership and fiscal responsibility for administering and maintaining REALFire® program branding, server, mobile application, database, and website as the Super Administrator. DocuSign Envelope ID: 714901C8-2270-4C4A-A971-FDA140BA71B2 Page 3 ii. Develop and maintain existing and new materials for REALFire® program implementation, including training, capacity-building, and data collection improvements. iii. Identify and collaborate with Eagle County and other local organizations to deliver trainings, education, and outreach opportunities that advance the mission of REALFire®. iv. Lead Wildfire Mitigation Specialist training program delivery. v. Market and expand the REALFire® program to other jurisdictions. vi. Through additional agreement outside the scope of this document, provide local support to Eagle County to assist in scheduling and/or conducting REALFire® property assessments as time and funds allow. vii. Identify and collaborate with Eagle County on grant funding opportunities for REALFire® within Eagle County. V. General Provisions A. Legal Effect of Memorandum This Memorandum does not create a binding and legally enforceable agreement between the Parties. There are no legal or equitable remedies available to either Party resulting from a breach or alleged breach of the terms of this Memorandum. Instead, the purpose of this Memorandum is to establish a framework for roles and responsibilities related to the REALFire® program as described in this Memorandum. Neither this Memorandum, any statements made or documents prepared or submitted by the Parties in connection with the negotiations leading up to the execution of said Memorandum, nor any statements made or documents prepared or submitted by the Parties in connection with this Memorandum, are admissible in any litigation or other judicial or administrative proceeding. B. Termination Either Party may terminate this Memorandum prior to any of the actions above being taken without the need for cause and without any liability upon not less than 30 days’ written notice to the non-terminating Party given in accordance with Section V.F. Notices. C. Dissolution In the event that the CWPC dissolves, the directors currently serving at the time of dissolution shall designate a recipient for the REALFire® trademark and any associated program materials as applicable at the time of dissolution. D. Amendment This Memorandum may be amended only by a duly authorized written instrument executed by the Parties. Oral amendments to this Memorandum are not permitted. DocuSign Envelope ID: 714901C8-2270-4C4A-A971-FDA140BA71B2 Page 4 E. Contact Questions related to this Memorandum should be directed to the applicable individual(s) listed under Section V.F. Notices. F. Notices All notices required or permitted under this Memorandum must be given by written notice either personally delivered or mailed to the party receiving notice at the address listed below, or by noticed transmitted by private courier, telegraph, or telex, as provided below: If intended for Eagle County: Eagle County Government Eric Lovgren 500 Broadway PO Box 850 Eagle, CO 81631 eric.lovgren@eaglecounty.us 970-328-8742 With copy to: Eagle County Attorney’s Office PO Box 850 Eagle, CO 81631 atty@eaglecounty.us phone: 970-328-8685 If intended for CWPC: Molly Mowery 2943 W. Riverwalk Circle #A Littleton, CO 80123 molly@wildfireplanning.com 303-358-9589 If mailed, such notice shall be deemed to be given and to be effective on the earlier of (i) five days after such notice is deposited in the United States mail, properly addressed, with first class postage prepaid, or (ii) the date shown on the return receipt, if mailed by registered or certified mail return receipt requested, provided that the return receipt is signed by the Party to whom the notice is addressed. If notice is given by telex, such notice shall be deemed to be given and to be effective when sent, and with respect to a telegram, such notice shall be deemed to be given and to be effective when the telegram is delivered to the telegraph company. Either Party, by notice given as above, may change the address to which future notices may be sent. DocuSign Envelope ID: 714901C8-2270-4C4A-A971-FDA140BA71B2 Page 5 G.Participation in Similar Activities This instrument in no way restricts any of the Parties from participating in similar activities with other public or private agencies, organization, and individuals. H.Non-Fund Obligation Document Nothing in this Memorandum shall obligate Eagle County or CWPC to transfer any funds to support the REALFire® program other than already provided. I.Authorization to Enter Into This Memorandum The signators to this Memorandum represent that they have full power and authority to execute this Agreement. J.Term and Amendments This Memorandum takes effect upon the signature of the Parties and shall remain in effect for one year from the effective date. It shall automatically renew for another twelve month period upon the expiration of each term. This Memorandum may be amended upon written agreement of both Parties. It may terminate as dictated in paragraph V.B. above. EXECUTED AS OF THE EFFECTIVE DATE COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board COMMUNITY WILDFIRE PLANNING CENTER By: _______________________________ Title: _______________________________ DocuSign Envelope ID: 714901C8-2270-4C4A-A971-FDA140BA71B2 Executive Director