HomeMy WebLinkAboutTHE NATURE CONSERVANCY - CONTRACT - AGREEMENT MISC - THE NATURE CONSERVANCYFIRE MANAGEMENT AGREEMENT
Between
The Nature Conservancy
And
The City of Fort Collins
This is a Fire Management Cooperative Agreement ("Agreement") between The Nature
Conservancy, hereinafter referred to as the "Conservancy," and The City of Fort Collins,
Colorado, a municipal corporation, hereinafter referred to as the "City." This Agreement is to
facilitate cooperation of the two parties in prescribed fire management. The City and the
Conservancy shall be referred to individually hereinafter as a "Party" and collectively as the
":Parties."
WITNESSETH
WHEREAS, the Conservancy's mission is to preserve plants, animals, and natural communities
that represent the diversity of life on earth by protecting the lands and water they need to survive;
and
WHEREAS, the Conservancy owns and manages land in Colorado; and
WHEREAS, the City owns and manages municipal lands in Colorado that contain a diverse array
of plants and, animals; and
WHEREAS, the management of many Conservancy and City lands requires proper use of fire
management including prescribed burning, in a manner that considers natural resource needs; and
WHEREAS, the Conservancy and the City have expertise in fire management, including
prescribed burning, and currently employ or have under contract personnel and equipment
capable of performing prescribed fire management activities; and
WHEREAS, the City and the Conservancy benefit from experiences and training gained during
prescribed fire management activities.
NOW, THEREFORE, in consideration of the above premises, the Parties agree as follows:
1. The following terms shall have the following meanings as used in this Agreement:
a. Assisting Party: Party that is not leading the fire activities.
b. Lead Party: Party that is leading the fire activities.
c. Burn Boss: Person responsible for supervising a prescribed fire from ignition
through mop -up. The Burn Boss may be an employee or contractor of either the Lead
Party or the Assisting Party, depending upon the arrangements agreed to by the Parties
with regard to a particular burn.
d. Chief -of -Party: Designated leader of each Party for a particular fire activity.
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e. Project Officer: Individual for each Party that is responsible for implementation of
this Agreement.
2. Upon request, personnel and equipment may be provided by the City to the Conservancy,
or the Conservancy to the City pursuant to the terms and conditions outlined in this Agreement,
and as specifically defined by Task Order, the template for which is attached hereto as Appendix
A. In the event the terms of the Agreement are in conflict with the terms of the Task Order, the
tennis of this Agreement will prevail. Provision of personnel and equipment shall be at the
discretion of each individual Party, depending on workloads, priorities, and fire danger. Staff
and equipment provided under this Agreement may be used for, but are not limited to, the
following purposes:
a. Technical assistance including preparation or review of site or landscape -level fire
management plans and prescribed burn unit plans, forest and other management plans,
inventories and analysis. -
b. Prebum preparations including vegetation and fuel load sampling, control line
construction and maintenance, environmental monitoring, and fuels manipulation.
c. Burn implementation including project supervision, ignition, holding, fire behavior and
weather monitoring, and mop -up.
d. Post -burn monitoring and evaluation.
e. Fire management training, annual r•efi•esher, and annual,physical fitness testing.
3. The Parties will jointly agree which Party will be responsible for preparing the Bunt
Plan and providing the prescribed Burn Boss for a given burn. The Burn PIan must be reviewed
and agreed upon by both Parties prior to burn implementation. The Burn Plan will contain
sufficient specificity with regard to objectives, responsibilities for various activities, and each
Party's role in particular tasks. All Burn Plans must be prepared with a high regard for safety
and require implementation by an experienced Burn Boss. Contingency planning in the event of
an escaped fire will be an essential element of each plan. All burn plans shall comply, at a
minimum, with National Wildfire Coordinating Group (the "NWCG") standards.
4. A Chief -of -Party will be designated for the purpose of overseeing each Party's
employees and equipment. The Chief -of -Party will work closely with the prescribed Burn Boss.
If the Chief -of -Party determines that the proposed burn is unsafe or has serious concerns about
the advisability of burning, and is unable to reach a satisfactory agreement with the Burn Boss to
rectify the situation, he or she retains the option of refusing the assignment. Individual crew
members of the Assisting Party will have the right to refuse assignments or directives during a
burn that they deem to be unsafe. Such individuals will report their safety concerns to their
Chief -of -Party.
5. Unless the Parties mutually agree that responsibilities should be allocated differently in
a particular Task Order, the Lead Party for the burn will be responsible for consulting with local
fire districts, air quality departments, and sheriff offices; for getting necessary permits, licenses,
and authorizations (including but not limited to obtaining any necessary governmental burn
permits, air quality permits, and other required authorizations) at its own expense; for obtaining
access; and for serving as the principal point of contact with third parties.
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The Parties acknowledge and understand that occasionally a third party landowner may ask
the Parties to perform burn services on property not owned or controlled by the Parties (a "Third
Party Burn"). The Parties must agree in writing to undertake a Third Party Burn. When
performing a Third Party Burn, the Lead Party, in addition to all the responsibilities set forth in
this Agreement, must also obtain from the third party landowner written permission to conduct
the Third Party Burn and obtain a waiver of liability from the third -party landowner for the
benefit of the Parties.
6. Unless the Parties mutually agree differently in a particular Task Order, the Lead Party_
will reimburse the Assisting Party, within thirty (30) days after receipt of an invoice, for all
expenses (including, but not limited to: personnel salary and benefits,, equipment usage, supplies,
travel, contractor expenses, and indirect costs) incurred by the Assisting Party in accordance with
the Task Order and draft Budget (see Appendix B for sample budgeting form). The Conservancy
is limited to providing resources in a total amount not to exceed $1,000,000.00 over the life of
this Agreement (the "Conservancy Cap").
All requests for reimbursement by the City for costs incurred by the Conservancy
pursuant to an executed Task Order will be sent to:
Mike Babler, Fire Initiative Program Manager
The Nature Conservancy
2424 Spruce Street
Boulder, CO 80302
inbablei@tnq...M
With a copy to:
Grants Specialist
The Nature Conservancy
2424 Spruce Street
Boulder, CO 80302.
All requests for reimbursement by the Conservancy for costs incurred by the City pursuant
to an executed Task Order will be sent to:
Contact Name:
Rick Bachand
The City of Fort Collins
Address:
PO Box 580
City/State/Zip
Fort Collins, CO. 80522
Telephone
970-416-2183
Email:
rbachand@fcgov.com
7. Each Party will adhere to its own fire qualification standards and at a minimum will
meet the qualification standards of the NWCG for the positions that they will occupy.
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8. On behalf of itself, its officers, directors, members, employees, agents, and
representatives, each Party agrees that it will be responsible for its own acts and omissions and
the results thereof and that it shall not be responsible for the acts or omissions of the other Party,
nor the results thereof. Each Party therefore agrees that it will assume the risk and liability to
itself, its agents, employees, and volunteers for any injury to or death of persons or loss or
destruction of property resulting in any manner from the conduct of the Party's own operations
and/or the operations of its agents, employees, and/or volunteers under this Agreement. Each
Party further releases and waives all claims against the other Party for compensation for any loss,
cost, damage, expense, personal injury, death, claim, or other liability arising out of the
performance of this Agreement, including without limitation any loss, cost, damage, expense,
personal injury, death, claim, or other liability arising out of the other Party's negligence,
provided, however, that either Party may agree to voluntarily compensate the other for damage to
equipment in accordance with Paragraph 12 below. Notwithstanding the foregoing, the
Conservancy is entitled to any and all applicable protections afforded under local, state, and/or
federal law relating to the fire management activities conducted hereunder, either directly or
indirectly through its assistance of the City; and nothing in this Agreement will serve as a waiver
of the Colorado Governmental Immunity Act.
9. Unless expressly provided by law, personnel or volunteers of one Party shall not be
considered to be agents or employees of the other Party for any purpose, and no joint venture or
principal -agent relationship shall be deemed to exist. The personnel and volunteers of one Party
are not entitled to any of the benefits that the other Party provides for its employees or
volunteers. Each Party will carry appropriate workers compensation coverage for its employees
participating in the fire management activities under this Agreement.
10. The Parties to this Agreement appoint the following Project Officers for
implementation of this Agreement:
Natural Areas Senior Environmental Planner (Resource Management)
1745 Hoffman Mill Road
PO Box 580
Fort Collins, CO 80522-0580
Mike Babler, Fire Initiative Program Manager
The Nature Conservancy
2424 Spruce Street
Boulder, CO 80302
mbabler@tne.org
tne.org
11. In the event of injury to personnel or volunteers of any participating Party, the Burn
Boss shall provide or arrange for immediate medical treatment of any injuries incurred at the
scene. Serious accident investigations (including but not limited to escaped prescribed fire, and
accidents involving hospitalization or. fatalities) will be undertaken at the request of either Party.
The other Party will cooperate in any such investigation. In the event that the Assisting Patty's
equipment is excessively damaged (i.e., in excess of $1,000.00) or destroyed, an investigation
will be conducted in accordance with the Lead Party's policy and procedures. The investigation
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will make a recommendation for reimbursement, replacement or repair. The Project Officers
shall communicate promptly regarding any injury to personnel or damage to equipment and
documentation shall be provided as requested.
12. The Lead Party's insurance policy(ies) (including self-insurance programs) shall be
primary insurance to any other valid and collectible insurance available to the Assisting Party
with respect to any claim arising out of a burn led by the Lead Party.
13. This Agreement will be effective from signature date by both Parties and, and shall
continue in full force and effect until April 30, 2010 unless sooner terminated as herein provided.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. This
Agreement supersedes all prior or contemporaneous communications and negotiations, both oral
and written and constitutes the entire agreement between the Parties relating to the work set out
above. No amendment shall be effective except in writing signed by both Parties. This
Agreement may be terminated by either Party thirty days following written notification to the
other Party. This Agreement may also be terminated by either of the Parties when the
Conservancy Cap is met or exceeded.
14. This Agreement shall be interpreted, construed and governed by the laws of Colorado
and such laws of the United States as may be applicable. In the event of any litigation over the
interpretation or application of any of the terms or provisions of this Agreement, the Parties agree
that litigation shall be conducted in the State of Colorado and venue will be in Larimer County.
15. If any provision of this Agreement is held invalid, the other provisions shall not be
affected thereby.
16. This Agreement may be executed in counterparts, each of which when executed shall
be deemed to be an original and all of which when taken together shall constitute one and the
same agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, effective as of the last date
written below.
CITY OF FORT COLLI S
By: �-
Print Name:
Its:�
1 ..
Date: .- S
THE NATURE a
ERVANCY
/J1—
By:
Print Name: Timothy Sullivan
.,,G
t.��" [ts: State Director
Date: O
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J
APPENDIX A:
SCOPE OF WORK FORM
Task Order #
Date of Request:
Term of Task Order:
Name of Lead Entity Requesting Prescribed Fire Assistance:
Name of Lead Entity Contact:
Telephone Number of Lead Entity Contact:
Name of Lead Entity Chief of Party:
Name of Assisting Entity:
Name of Assisting Entity Contact:
Telephone Number of Assisting Entity Contact:
Name of Assisting Entity Chief of Party:
Specific Work Assignments --
The Lead Entity shall be responsible for each of the following tasks (be as specific and
comprehensive as possible):
The Assisting Entity shall be responsible for each of the following tasks (be as specific and
comprehensive as possible):
Equipment Provided --
The Lead Entity shall provide the following equipment (be as specific and comprehensive as
possible):
The Assisting Party shall provide the following equipment (be as specific and comprehensive as
possible):
Miscellaneous --
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APPENDIX B — ESTIMATED BUDGET FORM
*The figures below represent estimated costs only. Upon completion of the work and
submission of a. detailed invoice; the Assisting Party will be reimbursed by the Lead Party
for actual expenses incurred in the categories noted in a total amount not to exceed $
*
BUDGET ITEM: REIMBURSEMENT RATE: ESTIMATED TOTAL
Burn Boss $40.22/hour
Miscellaneous Overhead $24.00/hour
Fire fighter $18.00/hour
Engine, T 6 (E691) $42.00/hr Colorado State Forest Service CRRF Rate
Engine, T 6 (E692) $36.00/hr Colorado State Forest Service CRRF Rate
Other miscellaneous equipment Fuels
Misc labor such as plan Labor costs
development
Travel Actual cost
TOTAL
Signature Authority
LEAD ENTITY (name) ASSISTING ENTITY (name)
By: By:
Title: Title:
Date: Date:
When fully executed by both the Lead Entity and the Assisting Entity, this Task Order shall
obligate the Assisting Entity to provide assistance to the Lead Entity, and the Lead Entity to
reimburse the Assisting Entity for such assistance, in accordance with that certain Fire
Management Agreement between the parties dated , 2008.
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