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HomeMy WebLinkAboutC24-255 IGA_Fire Districts - 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 County shall be referred to as the “Parties” and singularly as “Party.” This Agreement is entered into and is effective on _______________. RECITALS WHEREAS, the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101 et. seq., encourages local governments to cooperate and participate in joint projects through intergovernmental agreements; and WHEREAS, GEFPD, ERFPD, and GFPD cooperatively formed the Eagle Valley Wildland (“EVW”), 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 EVW; 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 indicates Eagle County’s increasing vulnerability to wildfire destruction. DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 6/4/2024 2 1.2. In response to this growing threat from uncontrolled wildfire, in 2020, the GEFPD and ERFPD cooperatively launched the Eagle Valley Wildland (EVW) Program, which GFPD joined in 2021. More commonly known as EVW, 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. During the 2022 season, EVW helped to create a fuels program at the local level. Helping provide expertise and project management to the community. In 2022, over 1,700 acres of treatment were implemented around large areas of Eagle County. Using the EVW decision-making process, EVW created a tactical advantage around homes, critical infrastructure, and water sources. 1.4. In 2023, EVW continued the growth of fuel projects throughout Eagle County with nearly 2,600 acres of treatment and the installation of 23 miles of tactical fuel breaks. 1.5. The purpose of this Agreement is to formalize each Party’s obligations as partners in the EVW project. 2. PROJECT FUNDING 2.1. ERFPD will serve as the coordinating agency and fiscal agent for the services to implement EVW as identified in Exhibit A. Eagle County commits to partially funding personnel costs in amount not to exceed two hundred seventy-five thousand dollars ($275,000) as reimbursement from Eagle County. Eagle County will also reimburse EVW 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 five hundred ninety-five thousand dollars ($595,000). Eagle County’s total contribution shall not exceed eight hundred seventy thousand dollars ($870,000). Invoices shall be paid monthly as submitted to the County. They shall include details as articulated in Exhibit A. 2.1.1.ERFPD will serve as the host agency for the Eagle Valley Wildland Fire Management Officer (FMO). The EVW FMO will oversee wildland mitigation, training, operations, community risk reduction, and education for the respective fire districts within EVW. The FMO will collaborate with the partner agency Fire Chiefs and Eagle County. 2.1.1.1. Other governmental agencies may support the EVW FMO salary with standing contracts or intergovernmental agreements with ERFPD. 2.1.1.2. ERFPD will host the FMO to make financial decisions, purchasing, contract agreements, and chain of command. DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 3 2.2. ERFPD will serve as the fiscal agent to host the Eagle County Wildfire Collaborative Coordinator Position (ECWCC). The ECWCC will work within the EVW division of ERFPD and report to the EVW FMO. 2.3. 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 following 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). 3. ROLES AND RESPONSIBILITIES 3.1. Eagle County 3.1.1.Liaise with EVW, Fire Management Officer (FMO), EVW Fire Operations Specialists (FOS), 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 EVW; maintenance of completed assessment data in the REALFire® database; obtaining property owner liability waivers; conducting quality assurance audits, and reviewing final reports before issuance—issue mitigation recognition certificates to properties that have completed all previous program mitigation requirements. 3.1.3.Share networking updates and/or contact information with the, Fire Management Officer (FMO), EVW 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. Community chipping days 3.1.3.2. Education and outreach 3.1.3.3. REALFire® home and property assessments 3.1.3.4. Eagle County Wildfire Assistance 3.1.3.5. FireWise Recognition 3.1.3.6. GIS Support DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 4 3.1.4.Identify and collaborate with EVW on grant funding opportunities for wildfire mitigation and recovery programs/projects within Eagle County. 3.1.5.Identify and collaborate with EVW on local training and outreach opportunities to increase awareness of wildfire mitigation and intended risk reduction outcomes. 3.2. Eagle Valley Wildland 3.2.1.Wildland Fire Operations for GEFPD, ERFPD, GFPD, unincorporated Eagle County. Per agreement between the participating agencies and the County, Eagle Valley Wildland will respond to all wildland fires within the jurisdictional boundaries of the participating agencies to provide personnel and equipment as necessary and manage the incident. 3.2.2.The Fire Management Officer (FMO) will be responsible for overall general supervision and coordination of the EVW FOS(s), ECWCC, collaborating with the County to ensure effective project implementation and assignment of EVW FOS(s) to appropriate project managers. 3.2.2.1. The FMO will be responsible for the final approval of the mitigation projects before releasing any payment for mitigation projects. 3.2.2.2. The FMO will be responsible for setting the scope of each mitigation project. 3.2.2.3. The FMO will provide subject matter expertise to all wildfire response in Eagle County. 3.2.2.4. The FMO will coordinate with Eagle County Natural Resources on the project scope. 3.2.3.EVW Fire Operations Specialists (FOS) 3.2.3.1. FOS (s) will report the FMO 3.2.3.2. FOS(s) will be responsible for project management. 3.2.3.3. FOS(s) will play a pivotal role in the development of the wildfire operations and mitigation of the Wildland Program. 3.2.3.4. EVW FOS(s) provide continued support, coordination, evaluation, and oversight of mitigation, administrative, operational, and training applications about wildland fire suppression, management, and control within the State of Colorado and the National Geographic Area Coordination Center cooperating agencies. 3.2.3.5. EVW FOS(s) may be required to perform other duties concerning rescue and fire operations. 3.2.3.6. Identify and collaborate with Eagle County and other local organizations to deliver training, operations, education, and outreach opportunities that advance the wildfire risk reduction and mitigation mission. DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 5 3.2.3.6.1. Wildland mitigation project oversight 3.2.3.6.2. Wildland Fire training for all participants. 3.2.3.6.3. Community Risk Reduction 3.2.3.6.4. IQS support for participating agencies. 3.2.3.6.5. Fuel-break construction and fuel-reduction projects 3.2.3.6.6. Prescribed fire projects 3.2.3.6.7. Ecosystem land management 3.2.3.7. 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. 3.2.3.8. Identify and collaborate with Eagle County on grant funding opportunities for wildfire mitigation within Eagle County. 3.2.4.Eagle County Wildfire Collaborative Coordinator (ECWCC) 3.2.4.1. The ECWCC position will be supported by grant funding and a portion of all EVW project total costs. 3.2.4.2. The ECWCC will be an employee of ERFPD and function with the EVW Division. 3.3. ERFPD, GEFPD, GFPD 3.3.1.ERFPD will provide five fire staff vehicles to be used by EVW. 3.3.2.ERFPD will provide office space for the EVW Program. 3.3.3.ERFPD will provide administrative support to the EVW Program. 3.3.4.ERFPD will Provide Microsoft Office access. 3.3.5.GEFPD will provide three fire staff vehicles for EVW use and give access to UTVs for all mitigation and operational needs by EVW. 3.3.6.GEFPD will provide Google Suite access and Google Drive support for the CWPP and Mapping 3.3.7.GEFPD will provide use and access to the SimTable. 3.3.8.GFPD will provide storage in Dotsero. 3.3.9.GFPD will provide radio support for both VHF and 800 MHz 3.3.10.GFPD will assist with radio and light installation on vehicles used by EVW. 3.3.11.Each agency may be requested to provide an engine for PL 4 and 5 days to be cross-staffed and supported by EVW. 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 of and from any loss, costs, DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 6 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 their own public liability, property damage, and errors and omissions insurance coverage as the 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. 4.4. EVW will follow the ERFPD policy and Interagency Standard for Fire and Fire Aviation Operations (“red book”) policy for all prescribed fire operations with the EVW operational boundaries. 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 substantially, 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, 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 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 DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 7 Eagle Valley Wildland: Hugh Fairfield-Smith Eagle River Fire Protection District 1050 Edwards Village Blvd P.O. Box 2942 Edwards, CO 81632 fairfield-smith@eagleriverfire.org 970-471-0223 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. 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. 6.5 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. The 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. [Remainder of page left intentionally blank] DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 8 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:__________________________ Chief Karl Bauer Greater Eagle Fire Protection District By: ___________________________ Chief Doug Cupp Gypsum Fire Protection District By:_____________________________ Chief Justin Kirkland Eagle Valley Wildland By:_______________________ Hugh Fairfield-Smith - FMO DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 Exhibit A In 2023, Eagle River Fire Protection District (ERFPD), Gypsum Fire Protection District (GFPD), and Greater Eagle Fire Protection District (GEFPD) will jointly dedicate to wildland programming approximately $391,800.00 in wildland operational costs. This 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 2024 district budgets. 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 to effect desired outcomes. To fill this critical need, Eagle Valley Wildland (EVW) will employ four full-time employees and the Eagle County Wildfire Collaborative Coordinator position. EVW aims to reduce the overall wildfire risk of its communities through effective mitigation, appropriately scaled wildfire suppression, and collaborative community outreach and education. 2024 program goals include: ● Implement risk reduction strategies in communities EVW serves in collaboration with Eagle County’s Wildland Mitigation program. ● Continue to foster partnerships with other communities served by EVW. ● Enhance ongoing community outreach and education efforts. ● Enhance mitigation and response capabilities. 2024 Program Funding The total cost for the 2024 program 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 to build the program’s future success. Eagle County Government commits to partially funding personnel costs for 2024 for two hundred and seventy-five thousand dollars ($275,000) for EVW. In 2024, Eagle County will also reimburse EVW for preapproved wildfire mitigation projects not to exceed five hundred and ninety-five thousand ($595,000.00). Carryover funding for EVW will include two hundred and twenty-seven thousand nine hundred and eighty-one ($227,981.00) for projects and one hundred and seventy-one thousand one hundred and eight ($171,108.00) for salaries and benefits. Eagle County’s total one million two hundred and sixty-nine thousand and eighty-nine dollars ($1,269,089.00) DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762 Eagle River Fire Protection District, Greater Eagle Fire Protection District, and Gypsum Fire Protection District commit to hiring, overseeing, and managing the 2024 Eagle Valley Wildland personnel and deliverables. Scope of wildfire mitigation project work: EVW will provide services associated with wildfire response and operations and 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. EVW will submit invoices detailing the product, description, quantity, price, and amount with the associated account ledger and work-coded descriptions. Billing details: EVW will provide Eagle County Government quarterly invoices associated with Personnel Costs; separate invoices will be provided for 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. EVW will submit invoices detailing the product, description, quantity, price, and amount with the associated account ledger and work-coded descriptions. DocuSign Envelope ID: 24C94069-2C0F-48D2-93AE-AE338817F762