HomeMy WebLinkAboutC22-005 Fire Eagle Valley Wildland Fire IGADocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB INTERGOVERNMENTAL AGREEMENT BETWEEN THE GREATER EAGLE FIRE PROTECTION DISTRICT, EAGLE RIVER FIRE PROTECTION DISTRICT, GYPSUM 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"), the Gypsum Fire Protection District (hereinafter the "GFPD") and Eagle County, a body corporate and politic of the state of Colorado (hereinafter "County"). Collectively GEFPD, ERFPD, GFPD and County shall be referred to as the "Parties" and singularly as "Party". This Agreement is entered into and is effective on 1/4/2022 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, ERFPD and GFPD cooperatively formed 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. DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB 1.2. In response to this growing threat from uncontrolled wildfire, in 2020 the GEFPD and ERFPD cooperatively launched the Eagle Valley Wildland Program. In 2021, GFPD also agreed to join Eagle Valley Wildland. More commonly 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, ERFPD, and GFPD have jointly dedicated to EV Wildland approximately $4 million 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), a Type 3 (Wildland Urban Interface) engine by ERFPD in 2021 (approximately $411,000), a Type 3 (Wildland Urban Interface) engine, and a Tactical Water Tender by GFPD in 2022 (approximately $735,846). 1.4. GEFPD, ERFPD and GFPD shall employ their own employees as contributions to the EV Wildland Team. 1.5. The purpose of this Agreement is formalizing each Parry'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 partial funding personnel costs of Exhibit A for the amount not to exceed one hundred fifty thousand dollars ($150,000) reimbursed from Eagle County. Eagle County will also reimburse EV Wildland for additional services and contractual services associated with wildfire mitigation project work identified in Exhibit A including (but not limited to): community and landscape scale hand -thinning and mechanical fuel reduction projects, community and right-of-way chipping projects, and prescribed fire projects, not to exceed two hundred eighty thousand dollars ($280,000). For a total not to exceed of four hundred and thirty thousand dollars ($430,000) 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 DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB 3. ROLES AND RESPONSIBILITIES 3.1. Eagle County 3.1.1. Liaise with Special Operations, EV Wildland Crew Lead(s), and Chiefs from ERFPD, GEFPD and GFPD 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 Special Operations, EV Wildland Crew Lead(s), and Chiefs from ERFPD, GEFPD and GFPD 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, ERFPD and GFPD 3 DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB 3.2.1. EV Wildland Crew Lead(s) 3.2.1.1. The ERFPD Special Operations Chief will be responsible for overall 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 GEFPD Wildland Coordinator for day-to-day operations. Many times, oversight 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. El DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB 4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY 4.1 To the extent permitted by law, each Parry 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, GEFPD and GFPD 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 either Party, its officials, employees, contractors,' or agents, or any other person acting on behalf of either 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, the other Party may terminate this Agreement upon seven (7) days written notice to that Party, unless that Party cures the breach within the seven (7) day remedy period. Either 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 5 DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB With copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 atty@eaglecounty.us 970-328-8685 Eagle Valley Wildland: Jason Clark Eagle River Fire Protection District 1050 Edwards Village Blvd P.O. Box 2942 Edwards, CO 81632 jclark@eagleriverfire.org 970-688-2817 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 GREATER EAGLE FIRE PROTECTION DISTRICT Greater Eagle Fire Protection District Attn: Doug Cupp, Fire Chief PO Box 961 Eagle, CO 81631 dcWp&gefpd^org 0 DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB With a copy to: Collins Cockrel & Cole, P.C. Attn: Robert G. Cole 390 Union Blvd., Suite 400 Denver, CO 80228 rcole@cccfirm.com GYPSUM FIRE PROTECTION DISTRICT Gypsum Fire Protection District Attn: Justin Kirkland, Fire Chief PO Box 243 511 2nd Street Gypsum, Colorado 81637 justin@gypsumfd.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, subconsultant or sub -contractor of the Parties. Absolutely no third party beneficiaries are intended by this Agreement. 6.4 No Assignment. Neither Parry shall assign this Agreement without the prior written consent of the other. Either Party may terminate this Agreement if the other assigns this Agreement without the prior written consent of the other. 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. 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. 7 DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB 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. ATTEST: DocuSigned by: By: ' Reg' fiJ 4*kW40... Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS DocuSigned by: By: Matt Sclyieffil 7 aiVE0473... GREATER E PROTECTION DISTRICT By: bin. B1951102682A488... Eric Peterson , Title: Board chairman DocuSigned by: By: _ r —1'X— I&& &L ODCADI0ECB784313... Mi kel Kerst . Title: vice President EAGLE RIVER Fig R PROTECTION DISTRICT F�ocu ne by: vj By: , atssu' 6109860CDE76455... Clint Janssen Title: chair DocuSigned by: By: 0600713612C12454... John Halloran .Title: secretary GYPSUM FI p TION DISTRICT By: �1iLum a t r E61A8145C4131)431`... William Baxter . Title: Board President DocuSigned by: By: bjj, & EAFC752A08074E5... Jennifer widha'Atle: secretary n. DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB Exhibit A DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB A Exhibit A 2022 Eagle Valley Wildland Program Reducing wildfire risk through mitigation, suppression, and community education ViRF RESiA EAGLE COUNTY DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB 2022 Eagle Valley Wildland Team In 2022, ERFPD, GEFPD, and GFPD will jointly dedicate to wildland programming approximately $176,800 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 2022 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 2022 program four (4) additional personnel (and associated costs, with detail provided in the section entitled, 2022 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. 2022 program goals include: • Implement 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. • Enhance mitigation and response capabilities. 2022 Program Funding The total cost for the 2022 program, as outlined below, includes funds dedicated to wildland operations by ERFPD, GEFPD and GFPD (not including current staff, current public education efforts, management, or capital). These employees will be integral to meeting the aforementioned goals, and establishing a solid foundation upon which to build the program's future success. 2022 Total Estimated Program Cost: Equipment and recurring costs (ERFPD, GEFPD, GFPD): $176,800 Personnel costs: $291,240 Total 2022 EV Wildand Funding: $468,040 DocuSign Envelope ID: 209B77D5-5D28-40D8-A49D-24AEE92662CB Equipment Costs for 2022 Item: Unit Cost Number of Units Line Item Total Personal Protective Equip. $1200 4 $4800 Uniforms $500.00 4 $2000 Chase Vehicles $85,000 2 $170,000 Total 2022 Equipment $176,800 Personnel Costs for 2022 Position Number of Hourly Benefits Cost Per Hiring Total Positions Wage Hour Cost Crew Boss 2 $25.00 $10.25 $35.25 $150,210 Senior Firefighter 2 $21.00 $1.95 $22.95 $1500 $76,290 (6 months) Firefighter 2 $17.00 $1.58 $18.58 $1500 $64,740 (6 months) Total 2022 $291,240 Personnel 2022 Funding Commitments: Eagle County Government commits to partially funding Personnel Costs for 2022 in the amount of one hundred and fifty thousand dollars ($150,000). Eagle River Fire Protection District, Greater Eagle Fire Protection District, and Gypsum Fire Protection District commit to hiring, oversight, and management of the 2022 Eagle Valley Wildland personnel and deliverables; along with an as -yet unfunded portion of Personnel Costs for 2022 that includes costs associated with hiring the four previously mentioned seasonal employees. Scope of wildfire mitigation project work: EV Wildland will provide services associated with wildfire mitigation project work including (but not limited to): community and landscape scale hand -thinning and mechanical fuel reduction projects, community and right-of-way chipping projects, and prescribed fire projects. EV Wildland will submit invoices detailing the product, description, quantity, price and amount with associated account ledger and work coded descriptions.