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HomeMy WebLinkAboutC23-246 IGA_Eagle Valley Wildland ProgramINTERGOVERNMENTAL 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 Eagle 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, 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 happened 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: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 7/25/2023 2 4854-4313-7860, v. 2 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, this joint wildland program intends 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 $4M 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), and 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 to formalize 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. Eagle County will contribute an amount not to exceed two hundred, twenty-five thousand dollars ($225,000) for EV Wildland personnel costs, and one hundred fifty thousand dollars ($150,000) for the Collaborative Coordinator position. 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, in an amount not to exceed five hundred and forty thousand dollars ($540,000) for all projects combined in 2023. Invoices shall be paid monthly as submitted to the County and shall include detail as articulated in Exhibit A. 2.2.ERFPD will serve as the fiscal agent to host the Eagle County Wildfire Collaborative Coordinator Position. ERFPD will invoice Eagle County for the Salary and benefits for this employee not to exceed one hundred and fifty thousand dollars ($150,000) 2.3.Notwithstanding anything to the contrary contained in this Agreement, Eagle 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 Eagle 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, DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 3 4854-4313-7860, v. 2 the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3. ROLES AND RESPONSIBILITIES 3.1. Eagle County 3.1.1. Liaise with Special Operations, Wildland Coordinator, EV Wildland FOS(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 coordinating 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, Wildland Coordinator, EV Wildland FOS(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 increase awareness of wildfire mitigation and intended risk reduction outcomes. DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 4 4854-4313-7860, v. 2 3.2.GEFPD, ERFPD and GFPD 3.2.1. EV Wildland Fire Operations Specialists (FOS) 3.2.1.1. The ERFPD Special Operations Chief will be responsible for overall general supervision and coordination of the EV Wildland FOS(s), collaborating with the County to ensure effective project implementation, and assignment of EV Wildland FOS(s) to appropriate project managers. 3.2.1.2. FOS(s) will be responsible for project management. 3.2.1.3. FOS(s) will play a pivotal role in the development of the wildfire operations and mitigation of the Wildland Program. 3.2.1.4. EV Wildland FOS(s) provide continued support, coordination, evaluation, and oversight of mitigation, administrative, operational, and training applications pertaining 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 FOS(s) may be required to perform other duties concerning rescue and fire operations. 3.2.1.6. The Wildfire FOS(s) will answer to the GEFPD Wildland Coordinator for day-to-day operations. Many times, oversight will be provided by 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 wildfire risk reduction and mitigation mission. 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. DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 5 4854-4313-7860, v. 2 4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY 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 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, and GFPD shall provide their own public liability, property damage, and errors and omissions insurance coverage as Eagle 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 a 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 all Parties extend the Agreement prior to that end date. 5.2 If any Party fails to perform the duties and obligations in accordance herewith, the other Parties may terminate this Agreement upon seven (7) days written notice to the Party that has failed to perform, unless that Party cures the breach within a seven (7) day remedy period. 5.3 Any Party may terminate this Agreement without cause upon thirty (30) days written notice. 5.4 Pursuant to Article X, Section 20 of the Colorado Constitution and C.R.S. 29-1-110, the Parties’ obligations hereunder are subject to annual appropriation of funds necessary for the performance thereof, which appropriations will be made in the sole discretion of the Parties’ respective governing bodies. 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, invoices, and 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 DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 6 4854-4313-7860, v. 2 970-328-8742 With copy to: Eagle County Attorney’s Office 500 Broadway PO Box 850 Eagle, CO 81631 atty@eaglecounty.us 970-328-8685 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 To ERFPD: Karl Bauer, Fire Chief PO Box 2942 Edwards, CO 81632 kbauer@eagleriverfire.org To GEFPD: Greater Eagle Fire Protection District Attn: Doug Cupp, Fire Chief PO Box 961 Eagle, CO 81631 dcupp@gefpd.org Gypsum Fire Protection District Attn: Justin Kirkland, Fire Chief PO Box 243 Gypsum, CO 81637 kwinn@cccfirm.com Collins Cole Flynn Winn & Ulmer, PLLC. Attn: Robert G. Cole 390 Union Blvd., Suite 400 Denver, CO 80228 rcole@cccfirm.com DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 7 4854-4313-7860, v. 2 6.2 Waiver. The waiver by any Party of any breach by any other Party of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or other term, covenant, or condition. 6.3 Modification. This Agreement contains the entire agreement between the Parties, and no modification to this Agreement shall be effective unless such modification is in writing and duly signed by the Parties to this Agreement. 6.4 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. 6.5 No Assignment. Neither Party 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. 6.6 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. 6.7 Invalidity. In the event that any of the terms, covenants or conditions of this Agreement or their application shall be held invalid as to any person, entity or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms, covenants or conditions to such persons, entities or circumstances shall be affected thereby. 6.8 Compliance With Law. Each Party shall comply with all applicable federal, state and local rules, regulations and laws. 6.9 Counterparts, Electronic Signatures and Electronic Records. This Agreement may be executed in two counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., Colorado Revised Statutes. The Agreement and any other documents requiring a signature may be signed electronically by any Party. DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508 8 4854-4313-7860, v. 2 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: ______________________________ Kathy Chandler Henry, Chair ATTEST: By: ______________________________ Regina O’Brien Clerk to the Board EAGLE RIVER FIRE PROTECTION DISTRICT By: _________________________ Clint Janssen, Chair Attest: By: ______________ John Halloran, Secretary GREATER EAGLE FIRE PROTECTION DISTRICT By: ___________________________ Eric Peterson, Chair Attest: By: _______________ Mikel Kerst, Secretary GYPSUM FIRE PROTECTION DISTRICT By: ___________________________ William Stephens, Chair Attest: By: _______________ Katherine Hood, Secretary DocuSign Envelope ID: 50D5A6F6-D162-4C6B-A2D7-C5D1D225E508