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HomeMy WebLinkAbout2024-10 A Resolution of the Vail Town Council Approving and Intergovernmental Agreement between the Town of Vail and Eagle County, Colorado Concerning the Wildland Fire Mitigation ProgramRESOLUTION NO. 10 Series of 2024 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY, COLORADO CONCERNING THE WILDLAND FIRE MITIGATION PROGRAM WHEREAS, the Town and Eagle County Colorado wish to enter into an Intergovernmental Agreement in the form attached hereto as Exhibit A and incorporated herein by this reference, (the “IGA”) concerning the continued implementation of the Wildland Fire Mitigation Program. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A,and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of March 2024. _________________________ Travis Coggin, Town Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF VAIL AND EAGLE COUNTY, COLORADO CONCERNING WILDLAND FIRE MITIGATION PROGRAM THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into by and between Town of Vail (hereinafter “Vail”), and Eagle County, a body corporate and politic of the state of Colorado (hereinafter “County”). Collectively Vail 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, including projects to address wildland fire mitigation; and WHEREAS, Vail is taking proactive steps to become “Fire Adapted” and recognizes that an uncontrolled wildland fire could impact Vail in the future. To that end, Vail Fire and Emergency Services has developed a successful Wildland Fire Program (hereinafter the “WFP”) and is in the process of implementing a Community Wildfire Protection Plan (hereinafter the “CWPP”) in order to provide for the safety of Vail before, during, and after a wildland fire incident; and WHEREAS, the WFP modules work in many capacities to fulfill this mission including; fuels management projects, community assessments, wildland fire suppression, community chipping, and prescribed fire operations; and WHEREAS, County desires to provide funds to support the WFP and the Parties desire to accept the roles and responsibilities set forth in this Agreement in order to support these endeavors; 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 pursuant to 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 five years. In 2021, the Sylvan Fire burned 3,792 acres above Sylvan Lake State Park; 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 2 County, destroying three homes, and threatening hundreds more. A worrisome trendline now points to County’s increasing vulnerability to wildfire destruction. 1.2.In response to this growing threat from uncontrolled wildfire, in 2015 Vail adopted the “Fire Adapted Vail” strategic framework to guide efforts to create a resilient community in the face of the growing risk from wildfire. In 2020, Vail Fire and Emergency Services completed a Community Wildfire Protection Plan (CWPP) that expands upon the strategic framework by establishing five main community goals - reduce the risk of a Wildland Urban Disaster within the Town of Vail; decrease the probability of landscape scale high severity wildfire events; build business community resiliency to wildfire disasters; foster citizen engagement and preparedness; and support the utilization of forest products. In 2023 the Vail joined with County and other jurisdictions in co-developing a revised County-wide CWPP which, when fully implemented, will meaningfully reduce wildfire risk County-wide. 1.3.Since 2015, Vail Fire and Emergency Services has implemented over 190 acres of fuel reduction and Vail has spent in excess of $3.9 million dollars on wildfire risk reduction staffing and projects. 1.4.Since 2007, Vail Fire and Emergency Services has completed over 415 tons of community chipping at no-cost to residents in unincorporated West Vail within County’s jurisdiction and completed more than 65 acres of fuels reduction work adjacent to homes in unincorporated West Vail. 1.5.Accordingly, The purpose of this Agreement is formalizing each Party’s obligations as partners in the WFP. 2. PROJECT FUNDING 2.1.County will provide reimbursement to Vail for the wildfire mitigation project work identified as Activities A through C, as identified in Exhibit A, in an amount not to exceed fifty five thousand dollars ($55,000). Invoices shall be paid annually as submitted to the County and shall include detail as articulated in Exhibit A. Exhibit A is incorporated herein by reference. 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 Vail 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). 3 3. ROLES AND RESPONSIBILITIES 3.1. Eagle County 3.1.1. Liaise with Wildland Battalion Chief, WFP Crew Lead(s), and Fire Chief on wildfire risk reduction matters as appropriate. 3.1.2. County, in the role of the REALFire® Local Program Administrator, will: schedule and coordinate local assessments within Eagle County; maintain completed assessment data in the REALFire® database; obtain property owner liability waivers; conduct quality assurance audits, and review final reports prior to issuance. County will further issue mitigation recognition certificates to properties that have successfully completed all previous program mitigation requirements. 3.1.3. County will share networking updates and/or contact information with the Wildland Program Manager, WFP Crew Lead(s), and Fire Chief 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. Education and outreach 3.1.4. County will identify and collaborate with Vail Fire and Emergency Services on grant funding opportunities for wildfire mitigation and recovery programs/projects within Eagle County. 3.1.5. County will identify and collaborate with Vail Fire and Emergency Services on local training and outreach opportunities to further increase awareness of wildfire mitigation and intended risk reduction outcomes. 3.2.Vail 3.2.1. Wildland Battalion Chief 4 3.2.1.1. Vail will Oversee the implementation of programs and projects within the Vail Fire and Emergency Services service area as identified in Exhibit A. 3.2.1.2. Vail will provide local support to Eagle County to assist in scheduling and/or conducting REALFire® property assessments as time and funds allow. 3.2.1.3. Vail will identify and collaborate with Eagle County on grant funding opportunities for wildfire mitigation within Eagle County. 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 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 Vail Fire and Emergency Services 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 5 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 Town of Vail: Vail Fire and Emergency Services Paul Cada 2399 N. Frontage Rd W. Vail, CO 81657 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 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. 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. 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 6 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 TOWN OF VAIL, COLORADO By: ________________________ Russell Forrest, Town Manager ATTEST: By:________________________ Stephanie Bibbens, Town Clerk Exhibit A: Scope of Work and Annual Work Plan for 2024 The Vail agrees to implement the following items in the 2024calendar year. County agrees to fund Activities A through C as set forth below. Upon completion of the agreed upon actions, Vail will submit a summary of activity and invoice to County. 7 Activity A: Complete fuels reduction treatments identified and under agreement on USFS managed land in the Vail CWPP area. Cutting and piling of 5 acres of hazardous fuels mitigation in the Intermountain, Davos, and/or Booth Creek project sites. Eagle County Allocated Funding: Up to $15,000 Activity B: Support for the Vail Community-wide Curbside Chipping program within the Vail Fire Service area. Eagle County Allocated Funding: 50% of total project costs up to a max of $10,000 Activity C: Hazardous fuels reduction work on non-federal land. Vail Fire’s wildland crew will implement hazardous fuels reduction work on private and Vail owned land. Focus will be completion of Elliott Ranch Private Lots and Bald Mountain Road. Crew will assist private property owners participating in the private lot projects with felling non-technical trees, limbing, piling slash, and burning slash piles. A minimum of 8 acres of treatment will be accomplished in activity C. Eagle County Allocated Funding: Up to $30,000 Activity D: Vail will engage Vail Fire to assist in the completion of Real Fire assessments within the Vail Fire service area. County will provide administrative oversight, training and access to systems and Vail Fire will provide staffing to conduct assessments.