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07-13-2014 Avon ERFPD Module IGA ExecutedINTERGOVERNMENTAL AGREEMENT FOR A WILDLAND FIRE MODULE THIS INTERGOVERNMENTAL AGREEMENT ( "IGA ") is entered into on July 13, 2014, between the Eagle River Fire Protection District ( "ERFPD "), doing business as a Colorado Special District and the Town of Avon ( "Avon "), a Colorado Home rule municipality (individually at "Party" and collectively, the "Parties "). This IGA sets forth the terms and conditions for Avon and ERFPD to jointly establish a Wildland Fire Module for up to 14 weeks during the' 2014 wildland fire season within the Eagle River Fire Protection District. 100111r w WHEREAS, ERFPD has expertise in informing residents and businesses which are located in or near wildfire prone terrain; and WHEREAS, ERFPD has expertise in directing wildland fire personnel to respond to wildfire incidents and to work with residents and businesses for fire prevention and response; and WHEREAS, Avon and ERFPD desire ERFPD to provide a Wildland Fire Module, which will operate out of the Wildridge Fire Station, hereafter referred to as Fire Station 8, during the 2014 wildland fire season in the Town of Avon: and WHEREAS, this IGA is authorized pursuant to §29 -1 -2o1 and §30 -11 -101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Avon and ERFPD, the Parties do hereby agree as follows: 1. Term. The term ( "Term ") of this IGA shall be for up to fourteen (14) weeks, commencing on or about July 9, 2014 and ending on October 6, 2014, unless a later start time occurs and/or an earlier date is agreed to for termination. 2. Wildland Fire Module. 2.1 Scope of Project. 2.1.1. Eagle -Vail: The Eagle -Vail Property Owner's Association has identified areas for fuel reduction on its publically -owned lands. Avon and ERFPD have agreed that firefighters hired for the Wildland Module, described in 2.1.1. below, upon arrival for duty, require a wildland fire skills assessment and orientation, and that this assessment and orientation can best be accomplished through hands -on fuel reduction in Eagle -Vail. Forty (4o) hours per firefighter is preferred. ERFPD understands Eagle -Vail has agreed to provide Avon funds for the salaries of the wildland firefighters up to $5,000, for this forty (4o) hours per firefighter. ERFPD will direct the assessment and orientation skills work. 2.1.2 Avon, including Wildridge, Mountain Star and Berry Creek Metropolitan District - Singletree Areas: Two activities are planned for the which will be directed by the ERFPD and are described as follows: 2.1.2.1 Community Outreach Program: Exhibit A outlines the educational program, which will be conducted starting on or about July 15, 2014. Avon's Public Relation AVON -ERFPD WILDLAND FIRE MODULE Page 1 of 4 Officer will be available to help as needed. The educational program will consist of assisting with community education, including door -to -door contact and advisement, as further described in Exhibit A; and 2.1.2.2 Fire Station 8 Wildland Module: Exhibit B summarizes the cost and approach for staffing Fire Station 8 with up to three trained wildland fire personnel and a wildland fire engine per shift for the fire season. The personnel and equipment will be able to provide initial attack on wildland fires throughout ERFPD's District and upon request for mutual aid, as described in Exhibit B; and upon completion of the 4o -hour assessment and orientation work in Eagle -Vail, personnel and equipment will be able to provide wildland fire mitigation, including fuel reduction, and assist with community education, including door -to -door contact and advisement as further described in Exhibit B. Total funding for a six person seasonal wildland team, comprised of two crews of up to three personnel each for a 14 -week program is $56,972. Should the number or personnel or weeks /days be reduced from 14 weeks, the cost will be adjusted accordingly. The District will provide the fire engine and equipment for the wildland fire personnel. 2.2 Payment: Upon notice by the ERFPD that one or more wildland firefighters have been retained and a start date established, ERFPD shall invoice Avon for up to 75% of the estimated cost for the firefighters. Payment shall be made within thirty (3o) days of the invoice. The balance of the estimated cost shall be paid upon a full accounting of actual costs, with the final estimated 25% payment being adjusted for actual costs. ERFPD will invoice Avon for the balance and payment shall be made within thirty (3o) days of the invoice. The total of all invoices to the Avon shall not exceed $56,972. ERFPD understands Avon may be receiving donations from one or more metropolitan districts or homeowner associations for participation in the Scope of Services. All donations shall remain with Avon to defray its contribution for the wildland firefighter personnel. 3. Termination. ERFPD or Avon may terminate this IGA upon thirty (3o) days written notice. 4. Indemnification. To the fullest extent permitted by law, the ERFPD agrees to indemnify and hold harmless Avon, and its officers and its employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the scope of services defined in this IGA, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the ERFPD, or any officer, employee, or agent of the ERFPD, or any other person for whom the ERFPD is responsible. The ERFPD shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands, and to bear all other costs and expenses related thereto, including court costs and attorneys' fees. ERFPD indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or otherfault of Avon. 5. Insurance Requirements. At all times during the term of this Agreement, ERFPD shall carry and maintain in full force, at ERFPD's expense, the following insurance coverage. Such policies shall include a provision requiring a minimum of thirty (3o) days' notice to Avon of substantial change or cancellation of coverage or insurance policies. General Comprehensive Liability insurance in an amount of $1,000,000 per person and $2,000,000 per occurrence, including the following coverage: property damage; underground explosion and collapse hazard; and personal injury. AVON -ERFPD WILDLAND FIRE MODULE Page 2 Of 4 Comprehensive Automobile Liability insurance on all owned vehicles used in connection with the services in an amount of $1,000,000 per person and $2,000,000 per occurrence combined single limits for bodily injury and property damage. 6. Relationship of the Parties. The relationship between the Parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the real property. 7. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to waive limit, or otherwise modify any governmental immunity that may be available by law to Avon or ERFPD, its respective officials, employees, contractors, or agents, or any other person acting on behalf of Avon or ERFPD, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article lo, Part 1 of the Colorado Revised Statutes. 8. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of the Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with shipping charges prepaid, address as follows: To Avon: Town of Avon Attn: Town Clerk One Lake Street P.O. Box 975 Avon, CO 81620 Phone: 970 -748 -4000 To ERFPD: Eagle River Fire Protection District Attn: Fire Chief 90 Benchmark Road, Suite ioi Avon, CO 81632 Phone: 970 - 7484765 9. No Third -Party Beneficiaries. Nothing contained in this IGA 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 Avon or Eagle River Fire Protection District. Absolutely no third -party beneficiaries are intended by this IGA. Any third -party receiving a benefit from this IGA is an incidental and unintended beneficiary only. / /Signature Page Follows // AVON -ERFPD WILDLAND FIRE MODULE Page 3 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this IGA the day and year first above written. TOWN OF AVON ATTEST: Debbie Hoppe, To n derk TOWN OF AVON, STATE OF COLORADO, By and through its Town Manager Virginia C. Egger Town Manager Date: July 13, zo14 EAGLE RIVER FIRE PROTECTION DISTRICT By and through its Fire Chief B iP l Bier Fire Chief Date: Ste/ /? 62019-1 AVON -ERFPD WILDLAND FIRE MODULE Page 4 of 4 INTERGOVERNMENTAL AGREEMENT FOR A WILDLAND FIRE MODULE Exhibit A- Community Outreach and Mitigation Program — Wildland Module Intent The intent of the community outreach program is to educate citizens and property owners on the effects of wildfire to property and community and how they can minimize the risk of loss of life and/or property through prevention and property mitigation efforts. The intent of the mitigation program is to assist in fuels reduction projects in areas as defined in the Community Wildfire Protection Plan. The Town of Avon and the ERFPD recognize the financial contributions to the program by the Singletree and Eagle -Vail Property Owners Associations, and Berry Creek Metropolitan District. In recognition of the contributions, the wildland module will focus its efforts in those areas in the manner described below: Community Outreach The module will engage in community education through scheduled event participation and specific community interaction. The module will assist the following scheduled events: • July 3rd- Salute to America • August 5th- Avon Night Out • Community outreach meetings in Avon, Wildridge, Mountain Star, Singletree, Berry Creek and Eagle -Vail. • July 16th- Camp 911 *This list is not exclusive of any events that may be scheduled at a later date and agreed upon by parties to the IGA. The module will assist the ERFPD Wildfire Mitigation Specialist with property risk assessments in the following areas in a format consistent with that being currently utilized by ERFPD and Eagle County Wildfire Mitigation Manager (ECWMM): Avon, including but not limited to its neighborhoods of Wildridge and Mountain Star; and the Singletree, and Berry Creek development areas. The module will attempt to make contact with, and deliver door hangers to each property in the listed communities. Staff will utilize opportunities to educate occupants on wildfire risk and how risk can be reduced specifically through landscape buffer and other mitigation strategies. A resource list for landscape companies, if requested, will be made available to property owners. Staff will document all properties with which contact was made and whether contact was made with occupant. It is Avon and ERFPD's understanding that ECWMM has offered to the ERFPD to provide the wildland firefighter personnel training for the door -to -door effort. Wildfire Fuels Mitigation _ It is Avon's and ERFPD's understanding that, in order to engage in direct fuels reduction (fuels treatment) firefighters in the module must be provided Wildland Fire Chain Saw (S 212) training upon arrival for duty and the ERFPD has agreed to provide this training with assistance from the ECWMM. Eagle -Vail has been selected, at the request of the Eagle -Vail Community Manager that the training occur in Eagle -Vail, with on -site direct fuels reduction work on its selected publically owned lands and, pursuant to the Eagle -Vail and Eagle River Fire Protection District Community Wildfire Protection Plans. The class and on -site training is estimated to take 40 hours per firefighter. After the 40 -hour training course is completed by each firefighter, the firefighter(s) will be deployed to work on the Community Outreach and fuel reduction program in the Avon, Singletree and Berry Creek Metropolitan District neighborhoods, where it is intended they will focus their efforts for the remainder of time the firefighters are employed by the ERFPD. Should, from time -to -time, the Community Outreach program have hours available which are not scheduled in Avon and the Singletree /Berry Creek Metropolitan District for community outreach, wildfire fuels mitigation or direct wildland fire response, additional fuel reduction may be scheduled in Eagle -Vail on public lands. INTERGOVERNMENTAL AGREEMENT FOR A WILDLAND FIRE MODULE Exhibit B - Concept of Operations (CONOPS) The intent of the seasonal wildland module is two -fold: 1. Augment the District's response to wildland and WUI fires, thereby enhancing its ability to suppress such fires with initial attack forces 2. Enhance the District's efforts to prepare its communities for WUI fires through mitigation and education. Chain of Command • For daily operations, the wildland module will report to ERFPD's on -duty Line Battalion Chief. • For wildland fire /WUI operations, the module will report to the incident commander or as assigned by the incident commander. • ERFPD's wildand fire mitigation specialist will coordinate with the Line Battalion Chief and the wildland module regarding mitigation projects and community education events. Wildand /WUI Fire Response The seasonal wildland module will respond to wildland and WUI fires as a component of the District's existing response plans. The module is available to respond to requests for mutual aid throughout the Eagle Valley and portions of Eagle County adjacent to the Eagle Valley for wildland fires which reasonably threaten the Valley. The module will not be made available for regional or national deployment, either through ROSS or WebEOC. Staffing The District will staff the 2014 Seasonal Wildland Module with three personnel, whom, at a minimum, will possess NWCG FFT2 certification. The District will staff the module for up to 10 hours per day, 7 days per week for as many as 14 weeks. Daily staffing may be adjusted to account for fluctuations in the burn period, weather conditions, seasonal variations and personnel availability. Seasonal staffing may be extended beyond 14 weeks, depending on severity and available funding. Ideally, weekly staffing will consist of an A and B squad, alternating between three- and four -day rotations. The following chart illustrates the weekly staffing pattern over a one month period: Sun Mon Tue Wed Thu Fri Sat FFT1 FFT1 FFT1 FFT1 Sq.A FFT2 FFT2 FFT2 FFT2 Week ENGB ENGB ENGB ENGB 1 FFT 1 FF 1 FF 1 Sq. B FFT 2 FF 2 FF 2 ENGB ENGB ENGB FFT1 FFT1 FFT1 Sq. 6, rrT2 FFT2 FFT2 Week ENGB ENGB ENGB 2 FFT1 FFT1 FFT1 FFT1 Sq.B FFT2 FFT2 FFT2 FFT2 ENGB ENGB ENGB ENGB FFT1 FFT1 FFT1 FFT1 Sq.A FFT2 FFT2 FFT2 FFT2 Week ENGB ENGB ENGB ENGB 3 FFT 1 FF 1 FF 1 Sq.B FFT 2 FF 2 FF 2 ENGB ENGB ENGB FFT1 FFT1 FFT1 [We Sq.A FFT2 FFT2 FFT2 k NGB ENGB ENGB 4 FFT1 FFT1 FFT1 FFT1 Sq.B FFT2 FFT2 FFT2 FFT2 ENGB ENGB ENGB ENGB Note: position descriptions (e.g. FFT2) represent optimal staffing, which may be adjusted as necessary to accommodate personnel availability. Deployment The seasonal wildland module will deploy from Station 8 using one of the District's current Type 6 engines. The wildland module will have a full complement of wildland equipment and PPE suitable for a Type 6 Engine, but no structural firefighting equipment or capability. The module will have basic EMS supplies by which to assist module personnel. While not considered a primary function, if necessary, the module may respond to critical medical emergencies, depending upon proximity, severity, and staff qualifications. Mitigation and Community Education The module will engage in mitigation projects and community education events when not responding to wildland or WUI fires, as further described in Exhibit A. Cost Initial Cost Estimates 1. Personnel: Town of Avon Contribution Position Rates FFT2 = $16.00 /hr FFT I = $17.00 /hr ENGB = $19.00/hr Module Staffing: Ideal (but not required) Type 6 Engine daily staffing consists of- One (1) FFT2 - Basic Wildfire Certification One (1) FFT1 - Supervisor Qualified Wildfire Certified; and, One (1) ENGB - Engine Boss Crew Management Qualified. • ERFPD recommends hiring an additional FFT2 to cover for sick calls and additional help with community education, depending on available funding and availability Wildland Module Staffing Cost Per Position FFT2 FFT 1 ENGB Regular Full -Time Wages 0.00 0.00 0.00 PTS Wages 16.00 17.00 19.00 Overtime Wages 0.00 0.00 0.00 Overtime Wages - FLSA (6) 0.00 0.00 0.00 Uniform Allowance 0.00 0.00 0.00 Wildland PPE Allowance 0.00 0.00 0.00 FT Pension 0.00 0.00 0.00 PTS Pension 0.60 0.64 0.71 Wellness 0.00 0.00 0.00 Employee Assistance Program 0.00 0.00 0.00 Medicare Tax 0.23 0.25 0.28 Group Health & Life Insurance 0.00 0.00 0.00 Short Term Disability Insurance 0.00 0.00 0.00 Long Term Disability Insurance 0.00 0.00 0.00 FPPA Disability Insurance 0.00 0.00 0.00 Workers' Compensation 1.01 1.07 1.20 Unemployment Insurance 0.05 0.05 0.06 Total Salary & Benefits per Hour 10 Hour Shift 70 hours /week For up to 17 weeks + 3 days Total Salary & Benefits 17.89 19.01 21.24 178.87 190.05 212.41 $1,252.12 $1,330.38 $1,486.90 $21,822.74 $23,186.66 $25,914.50 $70,923.89 ** *Above estimate does not include overtime. An agreed overtime budget would be necessary to account for sick time and extended incident work times*** 2. Personal Protective Equipment: ERFPD Contribution Cost per Item Item Price Helmet $ 35.83 Pants x 2 $ 163.10 Shirt x 2 $ 174.26 Shelter $ 224.76 Pack $ 143.88 Gloves x 2 $ 27.34 Total Per Position $ 769.17 Total PPE Cost 3. Apparatus (Value based on current State of Colorado Resource Rate Form): ERFPD Contribution Type 6 Hourly Rate Shift Extension (10 Hr Shifts) Seasonal Extension (14 Weeks) PPE FFT2 PPE FFTI Pump Operator PPE Engine Boss PPE Seasonal $769.17 x 3 $769.17 x 2 $769.17 x 2 Total $ 2,308 $ 1,538 $ 1,538 $ 5,384 3. Apparatus (Value based on current State of Colorado Resource Rate Form): ERFPD Contribution Type 6 Hourly Rate Shift Extension (10 Hr Shifts) Seasonal Extension (14 Weeks) $ 65 $ 650 $ 56,972 4. Additional cost covered by ERFPD: • Fuel would be covered by ERFPD • Insurance • Maintenance