HomeMy WebLinkAboutC21-175 Greater Eagle Fire Protection District{00824258.DOCX / 2 }
INTERGOVERNMENTAL AGREEMENT BETWEEN THE GREATER EAGLE FIRE PROTECTION DISTRICT, EAGLE RIVER FIRE PROTECTION DISTRICT AND EAGLE COUNTY, COLORADO CONCERNING EAGLE VALLEY WILDLAND PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into by and
between the Greater Eagle Fire Protection District (hereinafter the “GEFPD”), the Eagle River Fire
Protection District (hereinafter the “ERFPD”) and Eagle County, a body corporate and politic of
the State of Colorado (hereinafter “County”). Collectively GEFPD, ERFPD and County shall be
referred to as the “Parties” and singularly as “Party”. This Agreement is entered into and is
effective on _______________.
RECITALS
WHEREAS, C.R.S. § 29-20-101 et.seq. encourages intergovernmental agreements through which
local governments cooperate and participate in joint projects; and
WHEREAS, GEFPD and ERFPD cooperatively launched the Eagle Valley Wildland (“EV
Wildland”), the intent of which is to reduce the overall wildfire risk of the communities it serves
through effective mitigation, appropriately-scaled wildfire suppression, and collaborative
community outreach and education; and
WHEREAS, the County desires to provide funds to support this endeavor and EV Wildland; and
WHEREAS, this Agreement is authorized by and entered into pursuant to the authority of local
governments of the state of Colorado to contract with one another. C.R.S. § 29-1-203 and Article
XIV, Section 18 of the Colorado Constitution.
AGREEMENT
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the
Parties agree as follows:
1.PURPOSE
1.1. Twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four
out of the five largest fires in State history have occurred within the last three years. In
2020, the Grizzly Creek Fire burned over 32,000 acres and directly threatened several
communities within Eagle County. In 2018, the Lake Christine Fire burned nearly 13,000
acres in Eagle County, destroying three homes, and threatening hundreds more. A
worrisome trendline now points to Eagle County’s increasing vulnerability to wildfire
destruction.
1.2.In response to this growing threat from uncontrolled wildfire, in 2020 the GEFPD and
ERFPD cooperatively launched the Eagle Valley Wildland Program. More commonly
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C21-175
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known as EV Wildland, the intent of this joint wildland program is to reduce the overall
wildfire risk of the communities it serves through effective mitigation, appropriately-
scaled wildfire suppression, and collaborative community outreach and education.
1.3.Since 2020, GEFPD and ERFPD have jointly dedicated to EV Wildland approximately
$1.37M for both capital and operating costs, including the purchase by GEFPD of a new
Type 3 (Wildland Urban Interface) engine in 2020 (approximately $316,000), and a Type
3 (Wildland Urban Interface) engine by ERFPD in 2021 (approximately $411,000).
1.4.Both GEFPD and ERFPD will employ the EV Wildland Team.
1.5.The County wishes to provide funding for other costs of the EV Wildland Team (the
“County’s Contribution”).
1.6.The purpose of this Agreement is formalizing each Party’s obligations as partners in the
EV Wildland project.
2. PROJECT FUNDING
2.1.ERFPD will serve as the fiscal agent for the services to implement EV Wildland as
identified in Exhibit A for the County’s Contribution, not to exceed one hundred eighty-
four thousand, seven hundred forty dollars ($184,740) as reimbursement from the County
to ERFPD. Invoices shall be paid monthly as submitted to the County and shall include
detail as articulated in Exhibit A.
2.2.Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to ERFPD in
respect of any period after December 31 of any year, without an appropriation therefor by
County in accordance with a budget adopted by the Board of County Commissioners in
compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
2.3.The obligations of GEFPD and ERFPD are each subject to the annual appropriations of
fund necessary for the performance thereof, which appropriations shall be made in the sole
discretion of their respective Boards of Directors.
3. ROLES AND RESPONSIBILITIES
3.1. Eagle County
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3.1.1. Liaise with Fire District Special Operations Chief, Fire District Chiefs, and EV
Wildland Crew Lead(s) from ERFPD and GEFPD as appropriate, homeowner
associations, and other local organizations seeking information about the REALFire®
program in Eagle County in the role of the Local Program Administrator.
3.1.2. Schedule, coordinate and conduct local assessments within Eagle County,
including the coordination of all qualified Wildfire Mitigation Specialists within EV
Wildland; maintenance of completed assessment data in the REALFire® database;
obtaining property owner liability waivers; conducting quality assurance audits, and
reviewing final reports prior to issuance. Issue mitigation recognition certificates to
properties that have successfully completed all previous program mitigation
requirements.
3.1.3. Share networking updates and/or contact information with the Fire District Special
Operations Chief, Fire District Chiefs and EV Wildland Crew Lead(s) from ERFPD
and GEFPD as appropriate for organizations and entities inside of Eagle County that
are interested in wildfire mitigation projects and programs, including (but not limited
to):
3.1.3.1. Fuel-break construction and fuel-reduction projects
3.1.3.2. Community chipping days
3.1.3.3. Prescribed fire projects
3.1.3.4. REALFire® home and property assessments
3.1.3.5. Eagle County Wildfire Assistance
3.1.3.6. FireWise Recognition
3.1.3.7. Education and outreach
3.1.4. Identify and collaborate with EV Wildland on grant funding opportunities for
wildfire mitigation and recovery programs/projects within Eagle County.
3.1.5. Identify and collaborate with EV Wildland on local training and outreach
opportunities to further increase awareness of wildfire mitigation and intended risk
reduction outcomes.
3.2.GEFPD and ERFPD
3.2.1. EV Wildland Crew Lead(s)
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3.2.1.1. The Fire District Special Operations will be responsible for general
supervision and coordination of the EV Wildland Crew Lead(s), and
collaborating with the County to ensure effective project implementation; and,
assignment of EV Wildland Crew Lead(s) to appropriate project managers.
3.2.1.2. Wildfire Crew Lead(s) will be responsible for the EV Wildland’s Wildfire
and Mitigation Crew daily operations and schedule.
3.2.1.3. Wildland Crew Lead(s) will play a pivotal role in the development of the
wildfire and mitigation crews for the EV Wildland Program.
3.2.1.4. EV Wildland Crew Lead(s) provide continued support, coordination,
evaluation and oversight of mitigation, administrative, operational and training
applications as they pertain to wildland fire suppression, management and
control within the State of Colorado and the cooperating agencies of the National
Geographic Area Coordination Center.
3.2.1.5. The Wildland Crew Lead(s) may be required to perform other duties as it
pertains to rescue and fire operations.
3.2.1.6. The Wildfire Crew Lead(s) will answer to the Fire District Special
Operations and the Wildland Coordinator for day-to-day operations. Many
times, oversite will be provided from a variety of different members from within
the Eagle Valley Wildland Program.
3.2.2. EV Wildland Team
3.2.2.1. Identify and collaborate with Eagle County and other local organizations to
deliver training, education, and outreach opportunities that advance the mission
of wildfire risk reduction and mitigation.
3.2.2.2. Through additional agreements 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.
3.2.2.3. Identify and collaborate with Eagle County on grant funding opportunities
for wildfire mitigation within Eagle County.
4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY
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4.1 To the extent permitted by law, each Party shall indemnify, defend and hold harmless the
other including its, agents, officers, servants and employees of and from any and all loss, costs,
damage, injury, liability, claims, liens demands, action and causes of action whatsoever, including
attorney fees, arising out of or related to its negligent acts or omissions.
4.2 ERFPD and GEFPD shall provide its own public liability, property damage, and errors and
omissions insurance coverage as County may deem adequate and necessary for any potential
liability arising from this Agreement.
4.3 Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to any Party, its officials, employees,
contractors,' or agents, or any other person acting on behalf of any Party and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
5. TERM AND TERMINATION
5.1 The term of this Agreement shall commence on the effective date and shall terminate
twelve months from the effective date unless the Agreement is extended by all Parties prior to that
end date.
5.2 If any Party fails to substantially perform the duties and obligations in accordance herewith,
either of the other non-defaulting Parties may terminate this Agreement upon seven (7) days
written notice to all other Parties, unless the defaulting Party cures the breach within the seven (7)
day remedy period. Any Party may terminate this Agreement without cause upon thirty (30) days
written notice.
6. MISCELLANEOUS
6.1 Notices. All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills, payments sent by mail should be addressed as follows:
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
500 Broadway PO Box 850
Eagle, CO 81631
atty@eaglecounty.us
970-328-8685
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To ERFPD:
Eagle River Fire Protection District
Attn: Karl Bauer, Fire Chief
PO Box 2942
Edwards, CO 81632
kbauer@eagleriverfire.org
With a copy to:
Collins Cockrel & Cole, P.C.
Attn: Kathryn G. Winn
390 Union Blvd., Suite 400
Denver, CO 80228
kwinn@cccfirm.com
To GEFPD:
Greater Eagle Fire Protection District
Attn: Doug Cupp, Fire Chief
PO Box 961
Eagle, CO 81631
dcupp@gefpd.org
With a copy to:
Collins Cockrel & Cole, P.C.
Attn: Robert G. Cole
390 Union Blvd., Suite 400
Denver, CO 80228
rcole@cccfirm.com
6.2 Modification. This Agreement contains the entire agreement between the Parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the Party against whom enforcement of such change,
modification, or termination is sought.
6.3 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third
party, including any agent, sub-consultant or sub-contractor of the Parties. Absolutely no third
party beneficiaries are intended by this Agreement.
6.4 No Assignment. No Party shall assign this Agreement without the prior written consent
of the other. Any Party may terminate this Agreement if another Party assigns this Agreement
without the prior written consent of all Parties.
6.5 Jurisdiction and Venue. This Agreement shall be interpreted in accordance with the laws
of the State of Colorado and the Parties agree to submit to the jurisdiction of the courts thereof.
Venue shall be in the Eagle County District Court.
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6.6 Invalidity. Invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
6.7 Compliance With Law. Each Party shall comply with all applicable federal, state and
local rules, regulations and laws.
IN WITNESS WHEREOF, each Party, by signature below of its authorized representative,
hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its
terms and conditions.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Matt Scherr, Chair
ATTEST:
By: ______________________________
Regina O’Brien
Clerk to the Board
EAGLE RIVER FIRE PROTECTION DISTRICT
By:
Clint Janssen, Chair
Attest:
John Halloran, Secretary
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GREATER EAGLE FIRE PROTECTION
DISTRICT
By:
Eric Peterson, Chair
Attest:
Mikel Kerst, Secretary
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EXHIBIT A
2021 EV WILDLAND PROGRAM
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2021 Eagle Valley Wildland Team
Specifically for 2021, GEFPD and ERFPD have jointly budgeted approximately $82,000
in wildland operational costs; which figure does not include current staff, nor costs
associated with current public education efforts, overall program management or capital,
all of which ERFPD and GEFPD have included in their respective 2021 district budgets.
Of critical importance, while the fire districts possess the expertise and leadership
required to safely, effectively and efficiently oversee a successful wildland program of
the scope and scale necessary to meet the community’s growing wildfire risk, they lack
sufficient personnel needed to effect desired outcomes.
To fill this critical need, EV Wildland proposes adding to the 2021 program two
additional personnel (and associated costs, with detail provided in the section entitled,
Program Funding) by leveraging the power of community partnerships, including cost-
sharing opportunities.
As previously stated, EV Wildland’s purpose is to reduce the overall wildfire risk of the
communities it serves through effective mitigation, appropriately-scaled wildfire
suppression, and collaborative community outreach and education.
Program goals for 2021 include:
● Implement wildfire risk reduction strategies in communities served by EV
Wildland, in collaboration with Eagle County’s Wildland Mitigation program.
● Foster partnerships with other communities served by EV Wildland.
● Enhance ongoing community outreach and education efforts.
2021 Program Funding
The total cost for the 2021 program, as outlined below, includes funds dedicated to wildland
operations by ERFPD and GEFPD (again, not including current staff, current public education
efforts, management, or capital); along with an as-yet unfunded portion that includes costs
associated with hiring the two previously mentioned full-time employees. These employees will
be integral to meeting the aforementioned goals, and establishing a solid foundation upon which
to build the program’s future success.
Total Estimated Program Cost for 2021:
ERFPD: $42,022
GEFPD: $41,150
Remaining: $184,740
Total: $267,912
The following section provides budgetary detail about the remaining portion of EV Wildland’s
2021 Program Budget, which target its 2021 goals:
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2021 Equipment Costs
Item: Unit Cost Number of Units Line Item Total
Personal Protective Equip. $1200 4 (2 sets per person) $4800
Uniforms $500.00 2 $1000
800 mhz handheld Radios $3000 2 $6000
BK Radio $1500 2 $3000
Laptop Computers Accessories $2500 2 $5000
Cell Phones $800 2 $1600
iPad with Accessories $600 2 $1200
Misc. (related to hiring) $750 2 1500
Total 2021 Equipment $22,500
2021 Recurring Costs
Item Estimated Cost
Per/month
Number of
items
Total Cost per Year
Data Plans $50 4 $2400
Computer and iPad Software $25 4 $1200
Apparatus Repair/Maintenance $250 2 $6000
Fuel $300 1 $3600
Total 2021 Recurring $13,200
2021 Personnel Costs
Position Number of
Positions
Hourly
Wage
Benefits Cost Per
Hour
Hiring Cost Total
Crew Boss 2 $25.00 10.25 35.25 $1200 $149,040
Total 2021
Personnel
$149,040
Eagle County Government commits to funding the remaining portion of the 2021 program cost
($184,740). Eagle River Fire Protection District and Greater Eagle Fire Protection District
commit to hiring, oversight, and management of the 2021 Eagle Valley Wildland personnel and
deliverables.
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