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Home My WebLink Aboutbocc.con.105.2013 �C�NTRACT# /a5--a��3 �,,�.�� c.,�..�� EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,ACTING ON BEHALF OF THE PITKIN COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES ("DEPARTMENT")APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSI�NERS OF GARFIELD COUNTY,ACTING ON BEHALF OF THE GARFIELD COUNTY DEPARTMENT OF HUMAN SERVICES ("GCDHS) FOR THE PROVISION OF CHILD SUPPORT ENFORCEMENT SERVICES RESOLUTION NO. ��2013 RECITALS: 1. The Pitkin County Department of Human Services ("Department") , under Part D of Title IV of the Social Security Act, 45 CFR 92, 232, 301 through 307, and 26-13- 101,et. seq., C.R.S.,had been delegated responsibility for the development and implementation of a program to secure support and establish paternity for any person(s) eligible for IV-D services within the meaning of Federal regulations; and 2. The Department desires to enter into an agreement with the Garfield County Department of Human Services ("GCDHS")to: 1) assist the Department in providing the services necessary to establish paternity, estabiish support obligations, and secure support for any person(s) eligible for IV-D services within the meaning of Federal regulations, and 2) assist in other child support enfarcement matters of common concern to the Department and GCDHS, an:d GCDHS desires to enter into such an agreement with the Department. 3. The Pitkin County Board of County Commissioners agrees that it will be in the best interest of the Department to enter into an Intergovernmental Agreement ("agreement")with Garfield County for the provision of services as described in the "Statement of Wark"attached as Exhibit I to the agreement. 4. The Pitkin County Board of County Commissioners agrees that it will further be in the best interest of the Department and the citizens of Pitkin County to extend this agreement for five(5) years, authorizing the Health and Human Services Director to initiate and sign the contract annually, providing funds are available and appropriated through the annual budget process. 5. In order to ensure the provision of unterrupted Child Support Enforcement Services,the Board of County Commissioners finds that adoption of this resolution as an emergency is in the best interest of the public health, safety and welfare of citizens of Pitkin County. 1 „u.,_ -_ �..�� -- NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County enter into an Intergovernmental Agreernent with Garfield County for the provision of services described in the agreement and that the Chair be authorized to execute such agreement on behalf of Pitkin County. INTRODUCED AND ADOPTED ON THE 19� DAY OF DECEMBER, 2012. NOTICE OF CONFIRMATORY HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 27TH DAY OF DECEMBER, 2012 FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON DECEMBER 27, 2012. CONFIRMED AT A PUBLIC HEARING ON JANUARY 9, 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY AND POSTED ON THE PITKIN COUNTY OFFICIAL WEBSITE ON JANUARY 17, 2013 EST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO �� _._ � BY anette Jones � - ► ✓ , Chair eputy Clerk Recorder Date: �- /C�'�''3 APPROVED AS TO FORM: MANAGER APPROVAL: �-------- .� _ ,-= John El ount rney Jon Peacock, County Manager 2 Gax�d Cannty Gon�Number Depari.ment of�Tuman►Services . � #�_S��O/,3 CHQ.�D S�'PORT.F�NFORCElV.�NT PIIRCHASE 4F SERVICFS AGREEMENT . 1. � } Compe2itiva Sealed Bid or Campetitive Ne�atiation 2. X} Small Purchase,Iess than$25,i}OQ 3. { } Sole source(attach explanation) 4. { } Publie emergency(att�clt exp?a�ation) Dabe pz�ocureci / / This A�reemen#is executed as of Jan�ary 1,2413 by aud between the�oard af Couniy Coznmissioziers of GarFzeld Co�nty acfmg on behalf of the .Garfeld Couuty Depar�ment o€Humau Services {hereinafter "I7�Pattm�nY�)� • This Agce�ment s3�all be zn effect�rom January 1,201�through December 31,2013 and slialI not exceed twelve(�2)montizs. . The Departmen�under�art D o�Tztle N of tl�e Social Security Ac�45 CFR 92,2�2,301 ttzraugk 3d'�,and 26-13-IQ1,et.seq.,C.RS.,has been delegated.responsbility for ti�e deyelopm�exct aud implement�xon o£a � � pro�,ranz to secure supporC and esi�.b�lish paternity far any person(s) elig�ble�or N-D services within the � meaning of Federal regulations,and � Tha Department desires to enter iuto an agreement with the Contractur to: �) assist#1ze Depar(Yiient in providing the s�rvices necessary to establish paxennity,establish sizp�or�obligations,and secure svppart far any�erson(s)eli�'ble for IV]D services w�ithi�a fhhe meaaing of Federal regulaiion�s, aud 2}assist in.ather , child support enforceme�t ma�ers of comman concenn ta t�.e Deparimen� and the Cantractor, and t�e Contractor desires to eirter into sucb au agneement wit�tbe I7epa�.en� - The Depa�iment and the C�tractor therefore agree as follows: 1. Statement of'Work � � Services shall be provxded by the Contr�ctor in compliance with'Exlzibit T "Statenaent af Work," . hereby attached and incorporated by reference. 2. Payment a. Pay�nent shall be znade on ttxe basis o£Exhibit l� "Agreement Budge�" hereby attached and incorporated by reference. Tbe Agreement Budget shalt estabissh the maxittzum reuubursement which will be paid from cQmbinec�couuty and federal funds durimg the duration of tbis agreement. b. The Cantra.ct�ar sliall submit an itemized monthty bili�n�.g.to the Departmeut for a.tt costs incurred , . pursetant to E�'bit I o� $us agreement in accardance with ttie rules aud ze�xlatians of the Deparkmeut '�he Contraator shall submit a.t�itemized mon�ly bzllings to the Deparhnent prior to �fie six�h(6}day of the month£o�lowutg the maiath t�e cost was incuzx'ed. Billings must t�e signed by the Cotttractor. , c: Payments to the Contractor sha il be made monthly by the Department upon receipt of such itemized . : . biiIings of cos#s as identified zn F�rtu�bzt lI. . d. Reimburseinent of costs inculred pursuant to this agreement is e�pressly contingent upan the availabi`lity of federal funds to fihe Depar�nen�. . e. The Departnient shalI not be biIIed.for,and reimbuzseme�t sball not be made for,time invoIved in � activiitii�es outside af those de�med in Esh�it L . 3. Tez7nunation for Convenience ar for Ca.use � . This aareement ma.y be terminatexZ with or withotrt caz�se by eitt�er party upon wri�ten notice of at Ieast . , thiriY(30)days, and if t�Ce ter�uivation is for ca��se fhe notiae shall cite t�ie reason(s} far tezr�inatian. cs�3�vc�avos� � . . . . � � CSE-AGREEMENT FOR SERVICFS PAGE 2 Upon such ter,mz�ation,the Conhactor shall f�rnish to�e Depart�nent,as pmpezty of the Degartozent, all propelty,records and pertinent infarmatian which the Depaztrneut gmvided uncler tivs agreemenf. _ Ugan receipt of sa.id it�ns,the flepartment shall gay the Contractor for actual costs incuired thraugl�the � . da#e t$is agreement is t�zminated na accordance wi�h section 2'{Paysnent"of this agreeinen�. 4. Arnend�e�t • This agreement may be amended by mutual consen�provided that the aznendment is wrif�en on Fozm CSFr4,pmperly ea�ecuted and made a pazt of this agreement. . 5. Re_ports.Reeords,and Retention Perfods . The Contra.ctor sliall.mai�tain such records as are c�med necessary pursi�antto tl�e Departm.enfs'rutes to assure a gropez�acco�ag for all costs and funds coll�f,e�t. These zecords shaii be made avaz�able _ for audi't�pwpose.to the U.�.Department of Healttt�ad�Iuma.n Services,t�.e Si�#e Department, or ffie Couniy Departm.ent, and sb�alt be retauued for tbre,e(3)years after t�e expira#�on of ti�is agree�axent or until after an audit is oo�plet�d uuless permission to destxoy them is granted by�ie Departarent The Contractor sl�a.i i sui�it�nancial,ProgTain Progress azid other reports as requested by the Deparimeri�. 6. Eguipm�nt Purcbased with Fede7al.Stat�an.d Coun Money - Title to al�equipmeut acqu�.by the Contractor under tliis agre�znent a�a cost of$SUQD or more for whzch the Caz�f,rra�'ctor is reim�burs�d l�y i�e Deparbazent shall vest in�e Department Upon teimivation of this agreemen�.t6e Department niay require tha Cantractor to deliver to the DeparUment an.y such . � equipment acquired fax the perfannauce o£this aareement 7. eo�a�� ' Information pro�vided by �he Llepari�ne�t far p�zpases of this agreement sl�all be vsed oaIy for the Purpose intended and in aecordance with federaI aud stafe laws and re�ulations. 8. Political Activi�ies � None of the funds,materials,property,perscr�nel ar services cont�"but�xi by the.Dapartment under this ag�eement shaU.be useci.far any partisau poIiiica.l activity, or to fiu�#�er the election�ar defeat of any carfdidate for public offce ir�'a zaanner whzcl�would cflnstituee a vioIat[on o�five(5)U.S.C.Sectians I501 e�seq. � 9. Saf�egivardin�Tnformaiion . ' The Conlraotor shatl provide�or the security af anforma�ion coIlected guxsuant to�txis agreement and as provided in the ruIes and regerlations af the Deparfineirt.This inciudes prai;�tion af the co�fdent7.atity of all records,PaPers, docume�zts,iapes and auy oth�r�aterials tlzat kave besn or m,xy hereafter be established which relate to this agreement 10. Compizance with A�plicable La.�vvs `The Contractor shatl a#all tim.es du�iz�tha exectrtion of this agreement strictly adhere to all applicable . federaI and state Iaws anct implementing regulations as they cuneutiy.exist and may �erea$er be aanended. This include�without limi#�tion, Title N-D af the Social Se�urity Act(T'itle 45 Code of � Federa.t Reg�.latious),Trtle VII a�the Civil Right�s Act oF 1964,Sec�ion SQ4 of the Rehabilitation Act of I973,the Age Discriminatian Act of 1975, the.Age D�iscrimination in F.mployinent Act of 1967,the Equat Pay Act of 1963,the Education Amendme�s of 1972,and all regulations applicable to tbese Iaws proh�biting discrix�inatian because of race,color,nabionai origin,handicap,age,sex and relzgion. The Contractor certifces �at it shall comply wit� the pravisions of CRS &17.5-IUl et seq. Tbe " Caniractar shall not lanowingty employ or contract with an illegai. alien ta pez�oz�a work under this cantract or eni�r into a caniract with a subcontractor #i�at fas�s to certify fio i3�e Conttactor t�the stzbcontractar shall not knowingly employ or contra.at vvidx aa�Iegal atien ta perform work uuder tbis conlxact. 'The Contractor represents,vvanants,and agrees tl�at it{i)iias verified that it does not employ any illega.i aliens, i3mough participation in the Basic �itot Fanploy�nent Verification Prag�am . � � �CSE-AGREEME�TT FOR SERVIC�S PAGE 3 administered by the.Social Securiiy A ma�►Y.��'on and Degartment of Homeland Securify, and (u� athesvvise sba17.comEply with the requiremenfs af CRS 8-17.5-1Q2(2}{bj. The Coatractor sha.tl comptY �vvith all reasonabla requests made in the co�sa af an investi4,�ati.on imdear CRS 8-17S-1U� �y t.�e Colorado Departmeztt of Labor and Em�loymen�. Failure to comply wixh any x+equirement of this provision or CRS 8-17.S-lUl et se,q.,sha1l be cause for#ernni�ation for breach and t�e Cou�raceor�hali . be liable far ach�al aud conse�nential damages. � . 1 l. Sta�dies aud Inwesti�tions Ali official re�oris of cases,recaveries,inves�tgations,studies,ete.,made as a iesult of 4�i.s agreement sha31 aclar�owtedge the support grovided by�he Degartment of Heatth and Human Services. 12. Suhcontracts ]Jo subeotttract shail be made by ti�e Cantractor with au� other party £or fitmishing any sezvices co�iracted for witho�rt the prior writt�n cansent aud approval of�tze T3epar�ment For sezwzces provided under any subcontrac�, the Confractor shaI1 bs zesponsible far coniract perfcrrmance and eouipliance wii$ the terms at�d conditions of ti�is agi�eemen�t. The Contraotor shall select subco�ccors on� a � campetztive basis to.the maximum prac�iical exte�consistent rovi#h tbe abjeci�ves and requiremes�#s of this agreemem�.. . 33. �'erforma.uce S#andards/Iudependent Coatractor . The Depart�nent and Conira.ctor shall defiue stancl�rds of pe7rfozmauce tha�wil( allow for an accurate � _ display of the sezvices bei�o�g gravided by the Contractar. In order to demonstra.te that the Coutractor�s free from contral and dire�tion in tha performance of the servzces uuder this con�ract and fi�at the Contractor is.customarily en,ga.ged in an mde�deat tradey occupation,profession, or business rela�ed to the services �erformed purs�ant to this Contraet, t�e parties to tiu� agreement acknowledge the fol�owin.g: The staudards are agreed upon �ons and are nat to be construed as cozitrol and direct�au from the Departtnen� bu�z•aii�er, as an underst�ading o�the antieipated performance of the Coniractor.Perforn�ance standards shatl be provided pu�suant to Ex1u'bit III`�'erfqrn�Eance Siandards," hereby att�ched and incorporated by reference. i4. Rest�ansibilitv for Canduct of Irzdividuals The Contractor is solely responsible far the canduct of individiza�,s enap�oyed by and under the da�ect . supervision or ca�rtrol a€tke Cantra.ctor. � ... 15.Pederal Tax Informat[on . a. Tn per.Fazmance of this contrae�the contra.ctor agrees to comply wi�and assuzue responsibility . for camgliauce by his or her employees with the following requirements: � 1.) AII work wiil be done under i�e supervisian of the contractor or t�e�antractoz's employees. 2} Any Federal tax retum or returu inforn�atiox�.made available an any forma�shall be used only or the puipase of canyiug out#he pmvisioz�s ofthis cantract.Informazion confained in suclz • material wiTl be treated as confidentiat and wiit not be divulged or m,ade Iaaown in any manner to any person except as ma.y be necessary in t3�e perfor�aaance of this contract, Diselosure#o anyone other than�an o�cer o�employee o£the contractor wilt be pxohibited. 3) 1�1�zetums and return inforn�a.tion wili be accounted.for upan receipt and pro�erly stored be�are,durin�anc�after pracessing.7n addifion,all related out�ut wilt be�iven the same , level of pmtection as required far t�he sourca 1na�rial. � 4} The coniractor certifies tha.t the daxa processed dzuang the performance of this contra ct wili be c.�mpletely p�srg�ed from a11 da�a.stoxage co�nponexits of his ar�er camputer fa.eility,aad no autpuC r�vili be ret�ned by the cantractor at the tim.e the work is completed.If imraediate purging of all daxa storage companents is not possble,the contractor certifies tliat any IRS da.ta remainiug iiz any stozage component will be saf b�uarded to preve�rt u�.a.uthorize�. � disclosures, . . � CSE-AGREEN�NT FUR SERVICES PAGE 4 � 5} Any spoilage or any inteimediate hard cogy printout tbat may resuIt during the processing of • IZLS data will be given to the agency or his or her designee.When this is nat possibte�the contractor wili be responsible for the destruction of f�e spoilage ar any intertnec�iate hard �PY A�touts,and�cvill provide the agency or his or her designee with a statsiuent coniaining �e date of destruction,c�escrept�on of material deslzoyed,and the method vsed. � � AIl computer systems processing,storing,or tr�•;�;tfing Fed.exal tax infomaa.tion must meet ISO STD 1544$,catled comman criteria-functaonal(Protection Profile)and assara�ce (EAT,}.Ta meet�unctional and assurance requirements,the operatiug security features of the system must have the faliowing minimum requirements:a security policy,accountability, assurance,and documenta�ion.AIl secw�ity features must be available aud activated ta protect� against una.uthorized use of and access#o Federat tax information. - ' 'T} No work involvinr;Pederal ta�informafiion fumished under this contract will be � subcantracs�ed without prior written approval of the I12.S. � � 8) The contractor will maintain.a list of�mployees'authorized access.5uc�i list will be pzavided , to the agency and,upan reques�to the IltS reviewing office. 9) The agency will�a.�re the right to void the canttact if the contractor fails to provida the � � safe�Quards desczibec�above. b. CriminallCzvil Sanctions � 1) Each of6cer or employee or any person to whom zeturn.s or return inf'armation is or ma.y be disclosed Rnu be notified in writi.ug by such person t.�at rei�irns ar retuna informatzan disclosed to suah officer or employee can be used oBly for a pitrpose aud to the e�rtent authorized her�in,aud that fu.rther disclosuze of auy such re�ns or retiun infonmation for a purpose or to an extent unanthorized herein canstitutes a felony p�nishable upon conviction � by a fine of as mnch as$5,000 or imprisonment far as long as 5 years,or bot�,together�cvith the cflsts of prosecution.Such person shall also notify each such officer and employee that any suah uuauthoriz�ed furli�er disclosure of retiuns or return information may also result in an award.of civil dainag�s a.t,�ainst the of�icer or employee i�►an amount not iess than$1,000 with respect to each instance of unautb.orized disclosure.Tb.ese penalties ate prescribed by IRC sections 7213 and 7431 and set farth at 26 CFR 301.6103(n}l. . 2) Each afficez or enaployee or any person to w�am retmns or return i�nfazmai�on is or may be disclosed shal�be notified in wriiing by suclt person that any return or rei�nrn infonnation made avaxlable in any format st�a11 be used only for the purpose of carrying out the provisians of this contrac#.Informati.ozz contained in snch material shall be treated as con�Zdential aud shall not be divulged or made knawn in any manne�to any person except as ma.y be necessary zn the performance of�lze coxttract Inspection by or disclosure to anyone wittiaut an off'icial need to know constitutes a cximinal misdemeanor pwmishable upon convicfiion by a fiaxa of as much�as$1,000 or imprisonment for as�ong as 1 year,or bo�h,together with#he costs of prosecutio�t.Such person shall also notify each such officer a�d enaployee that any snch uuauthorized inspection or disclosure of re�i.uns or return information znay aLso result iu an award of civil damages agaiust the officer or employee[United States for federal employees�in an amount equai to the sum of the greater of$1,000 for each act of unazithorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff'as a resuit of such vnauthoxized inspection or disclosure plus in the ease of a willfut inspection or disclosure wluch is fhe result of�oss negtigence,punitive dagtages,plus the costs ef the ackion.These pena.�ties are prescr�'bed hy IRC section 7213A and 743 I. 3) Additionally,it is incumbent upon the contractor to inform its officers attd employees af the penalties foz-i�oo.pz•oper disclosure imposed by the Pri�vacy Act of 1974,5 U.S.C.SS2a. Specifically,5 U.S.C.552a(i)(1),which is ma.de applieable to contractars by 5 U.S_C. 552a(m)(I),provides that any officer ox e�mpluyee of a contractor,who by virtue of hislher employment or official posi#on,has passession of ar access to a�•ency records which conta.in —t � CSE-AGRE�MENT�UR SER't�ICES P��'E� individually identifiable informatiosj,the disclosurc vf which is proln'bited by the Privacy Act or regulations estabIis�aed hereuuder,and who knowing that disclosure of the specific material is prolubited,willfull.y discloses ttte material in any manner to auy person or agency not , � entit�ed to receive i�sha11 be guilty of a misc�emeanor and fined not more th,�$S,E}00_ . c. Insgeoi�on 1} The IRS and t�.e Agency shall have ti�e right to send its o£�cers and employees into the offices and plants of the contractor for inspection oftha faciiities az3@ operations grovi�ed for the perfonm,a.nr,�af any wozic under tlus canisact.On the basis of such inspec3ion,specific measures znay be required i�cases where the contractor is found to be noncompliant wi.th coniract safeguards. 15. Indemnification and HoId.I�arr.oless T�e contractor sJ�a1i at all times remain independeat and not be employed by the- Depazh�ent Contractor shall ba solely Iiable fox its acts and amasstons a�zd those of its employe�es or age�in the , gerformance of this contrac� Contra.ctar agree ta defend,ind�mnify,and hold har�nless the Deparmien� its a�enfa, and emglayees from all claims, demands, sc�its,ar Iegal actioa or}�roceedings arising fro3m coniractar's per�ormance under#his cuniract ld. Tnsuzan.ce and I,icenses , The contraator sliall.maintai�z curreut all applicable insurance and licenses required by Iaw to cariy out the service ofthis con#cact. , � CSE-AGREEMGNT FOR�SERVICES PAGE 6 The Deparhment and Contr�ctor�tave therefore causeci#his agxeement to be executed by th.eir��e o�i.cers dt�y aut�oriized to cio so_ . CONTRACTOR: � Boax�o�eovNrY co�sszorm�.s � . OF GARFLEI�7 COUNTY,COLORAD� Board of Caunty Commissioners � of Gar,feld Couniy,Coiorado � 108 8�`Street,Suite 213 �- . Glenwood Sp:rings,CO 81601 _ Job�n Martin,Chairman� ' Date . (970}945-1377 " M�e Samson,lVIember Date � __. Tom 7ankavsky,Member Date DEPARTMEBNT: � Prx�amr cou�bEr.Ax.�Brrr oF . SOCIAL�ERVICES .. . ._,,...��-Yd O� �G��.� �Jy/�55/bK�evs � f:` O� �i r/�c�K. �6GCc��r � �dl6P�� l��"� C ( ��/! _::�� 2--� �Z-- �'3 d �'- �Gc�� ace� �d � Nan Sundec�z,birector Da�e . . � � ` ,�F � r�! r�"- `� c� �� -/y=2c�i2. , . A�'ROVED AS TO FQRM: � � � . Ma�y Bardarian,Direetor Date Garfietd County Department of Hwnan Services � If the Soard of Cotmty Comm.issioners zesolves to emgowar t�.e Clrairperson of the Board of County C6mmtsszons to e�aer iato t1�is agre�ment for�e Gounty � Gommisszoners,ti�en a copy of the Boazd's resoiution to do sv mc�st be a.ttached. < � . � CSE-AGRF7+~1C�'�'T FOR SER�CES � PAGE'7 � � � � � �emarr x - sTA��r oF wo� T3ie Cantia.ctor shall provide the foi�owing services: Pate�ity aud child support wi11 be established using the apprapxiate me#hads on all eligible cases. Enforcemen# actions wiil be taken according to staLus of ease. �Computer system will be main#ainec�with the current znfozmation and reports will be wQZi�ed each manth. Cases will be , worked with the goal of ineefing all o£the performance goals tb.a�are established by the State; Paternity Percent�ercenta�e;Percent af curren.t suppart paid; �ercent of IV D cases �ayuig on arrears;medical suppozt and percent of N-D cases with sup�ort orders. It is speaifically ur�ders#ood that the Contra.etor uses the services of the Garfield Cozznty .At�orney's affice to represent tb.e Pe�ple af the S�ate of Colorado/the Contra.ctar in paternity and child support en.forcement,�udicia� cases. T�te parties�dersta�ad aud agxee tt�at�.e Department will. also be represented by the Garfield County Aitorney's Office under �Y.te fe�s af this agreemen.t. , , � � 7 CSE-AGRE�N�EI�I'�'Ft�� AGE'$ EXHCBIT II � . AGREL'MEN'F BUDGET FORPERiOD t��3ANUARY 1,2413 THROUC'rHbECEMBER31,20i3 � Fee Schedule: � 1. Cast g�r service � $ 6.QQO.UO 2. Type o�Service:Personnel and attarney eosts. , 3. Other 4. TOT.A�.EXIPFNSES � 6.00U.00 � . � CSE-AGREEMENT FOR SER`�ICES PAGE 9 � ��T�IIi � PERFQRMA1�iCE STANl?A�2D5 � Lis#standards s�perF'o�mance that are Ured�rstcaod and e�to be perfarmed bythe Contractor. These are not infended to control or d,irect the Cantractvr,but only to define expectations. 1. All N D fimctions mvst be perfformed in accordance with the appraved State 1'ian aud aI1 relevant Federal.aud State IegisIafion and regulations. , ` � . _ ,,,..,�m,,.re��»�.�.,.�„. ,.�,..,��,.r., RECEPTION#: 596131, 01/14/2013 at ��.�A�►� �/ - ��3 03:15:26 PM, �-�--�-�-�� 1 oF s, R $O.OQ Doc Code COVENANTS Janice K.Vos Caudiii, Pitkin County, CO RESTRICTIVE COVENANT T IS RESTRICTIVE COVENANT ("Covenant") is made and entered this q� day of v a,r , 20 /,3 , by Michael Touff and Terry H. Touff, now known as Terry Cooper ("Gran s") for the benefit of the Pitkin County Board of County Cvmmissioners. WITNESSETH WHEREAS,Pitkin County, Colorado, a political subdivision of the State of Colorado ("Grantee"), has established a transferable development right("TDR") system, Title 8 2006 Pitkin County Land Use Code, as may be amended from time to time (the "Land Use Code"); WHEREAS, Grantor is the fee simple owner of that certain real Property in Pitkin County, Colorado that is more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"); WHEREAS, contemporaneously with the execution of this Restrictive Covenant, Grantee is executing and delivering to Grantor one (1) irrevocable TDR certificate(s) bearing Certificate No(s). 2 R- �1-1�-S L�/ ; WHEREAS, the Grantor has represented that no development or improvements currently exist on the Property; and WHEREAS, in exchange for the issuance of said certificate(s)by Grantee and consistent with the intent and stated purposes of the TDR system, Grantor is prepared to restrict and covenant the Property against any future development, as that term is currently defined in the Land Use Code, in perpetuity. NOW, THEREFORE, for and in consideration of the issuance to Grantor of Certificate No(s). T R- D! -I 1-��,�/ , and in consideration of the covenants,terms, conditions, and restrictions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Grantor does hereby grant and convey to Grantee, forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and mutual covenants, terms, conditions and restrictions contained herein: 1. Restrictive Covenant pertaining to the Property. Grantor hereby restricts the Property in perpetuity against any and all future development, as defined in the Land Use Code, commencing on the date of this restrictive covenant. Such restrictions shall include, but are not limited to, the future development of any single family or other residential, commercial or industrial structures, as well as the future development of any recreational uses, as well as any change in the current existing use of the unimproved Property. Grantor acknowledges thaf any future development right in the Property has been severed from the Property by operation of this restrictive covenant. 2. Covenant running with the land: binding effect. The provisions of this deed restriction shall constitute a covenant that runs with the title to the Properiy for the benefit of the � J� Grantee, its successors and assigns and shall be deemed an appurtenance to the title to such land. Grantor and its successors, heirs, assigns and transferees acknowledge that the TDR certificate(s) issued in consideration for this restrictive covenant is/are severed from the Property and that any sale, lease or other transfer of title to the Property shall not constitute a transfer of the TDR certificate(s)and any rights therein. 3. Permitted uses and activities. As owners of the Property, the Grantor retains the right to perform any act consistent with the Land Use Code to the extent such act is not prohibited or limited by the requirements of this restrictive covenant. These ownership rights include, but are not limited to,the right to exclude any member of the public trespassing on the Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use Code for any purpose. 4. Enforcement and monitoring. This restrictive covenant and its terms and representations shall be fully enforceable by Grantee, its successors, assigns and agents in any action at law or equity or both, to secure compliance, including but not limited to, seeking injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to cease and desist all activity in violation of the terms of this restrictive covenant and to return the Property to its condition prior to any violation. Violation of any of the terms or representations of this restrictive covenant may also result in the administrative cancellation of the TDR certificate(s)by the Grantee. Moreover, Grantee and its successors, assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable times solely for the purpose of monitoring, inspection, and if necessary, remediation in order to enforce and assure compliance with the terms and conditions of this restrictive covenant. 5. Costs and liabilities. Grantor retains all responsibilities and sha11 bear all costs and liabilities of any kind related to ownership, operation,upkeep,taxes and maintenance of the Property, including but not limited to, costs associated with compliance with this restrictive covenant. Grantee's acceptance of this restrictive covenant shall in no way be construed as an assumption of any duties or liabilities associated with the Property and Grantor acknowledges that by this restrictive covenant, Grantor continues to retain responsibility for any and all duties and liabilities associated with the Property. 6. Subordination. At the time of the conveyance of this restrictive covenant, the Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment lien, or any other instrument that might result in a foreclosure action that could affect the viability of this restrictive covenant. 7. Incorporation of the Land Use Code. The Land Use Code, as may be amended from time to time, and any terms or definitions contained therein, are hereby incorporated by this reference in their entirety. 8. Prohibition against future TDR. Unless otherwise provided by the Land Use Code and agreed upon by Grantee, Grantor shall not be entitled to any future, additional TDR arising from ownership of the Property following the execution of this restrictive covenant. i� �v 9. Modification. The terms of this restrictive covenant can only be modified by an amended covenant executed by both Grantor and Grantee and recorded in the records of the Clerk and Recorder for Pitkin County, Colorado. 10. Venue and jurisdiction. Grantor and Grantee consent to venue and jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the interpretation and enforcement of this restrictive covenant. 11. Attorneys fees and costs. In the event of any action or suit between the parties hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions contained herein, the prevailing party in any such action or suit, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorneys fees. IN WITNESS WHEREOF, Grantor has executed this restrictive covenant as of the date and year first written above. Grantors � �1 y: Michael Touff �SiS�.�,�c.�-c at� n�1�L Pa�e� By: Terry H. Touff, now known as Terry Cooper State of Colorado ) ) ss. County of � Cn i/P� ) The foregoing Restrictive Covenant was acknowledged before me this �•' � day of ._ c'f em bc r , 201.� , by Michael Touff. Witness my hand and official seal My commissio�expires on: �b�3 ��1 Gl.� ��5 �. �j �..�``,� ,�� }�'t'r � J y� � 1 .fi Y re � � / � �'�'o .`� � �\/ 4�, `° -�'� ��m a •� �`� Notary Publi I ti �ry �aa e ��P �L J£..�,. )- . � u� �� y�.., i k ��q 4f4� • ° d ��' \ �� AO2�B�� 4 �� . �� ' �� yl:;v" . �I � ...... rnn�iw�..�.,.,.- __. 7. Incorporation af tbe I.and Use Code. The Land Use Ccxie, as may be amended om time ta time, and any terms or definitions eontained therein, are hereby incargarated by this re nce in their entirety. 8. Prohibition against futare TDR Unless otherwise provided by the Land Use Code and a ed upon by Grantee, Grantor shall not be entitled to any future, additional TDR arising from o ership of the Praperty fal}owing the execution of this restrictive covenant. 9. iticatian. The terms af this restrictive covenar�t can anly be modified by an amended covenant e uted by both Grantor and Grantee and recorded in the records of the Clerk and Recorder fo itkin County, Colorado. 10. Venue and, 'sdiction. Grantor and Grantee consent to venue and jurisdiciion in the District Court for Pitkin ounty, Caiorada far all matters ccyncerning the ir�terpreta►tion and enforcement of this restrictive c enant. 1 l. Attorneys fees and co . In the event of any action or suit between the parties hereto or their successors and assigns to force any of the ageements, covenants or restrictions contained herein, the prevailing party in an such action or suit, whether by final judgment or out of court settlement, shall recover from the o r party all cvsts and exFenses of su�h action or suit including reasonable attorneys fees_ IN WITNESS WHEREOF, Grantor has ex uted this restrictive covenant as of the date and year first written above. Grantors By: Michael Touff �� By: Terry H. Touff, n known as Terry Caoper Sta,te o lorado ) ) ss. County of ) The foregaing Re � tive Cavenant was acknawledged befare me this day of , 20 Michael Touff. �I t0 State of New York j ) ss. County of l�a�'S(t 1;�. ) The foregoing Restrictive Covenant was acknowledged before me this 7� day of ��'C em b�r- 7 , 20 �a- ,by Terry H. Touff, now known as Terry Cooper. Witness m hand and official seal ANNA A. BIACKTON Y NOTARY PUBLIC. State of New York No 078L5Q33698 Qua!ified in Suffoik Co�,n�y Commissi�n Expires September 26,2D� My commission expires on: , ��'I'vG✓.cd c.s �o �v� . /'�-C'�`�� tary Public �� ___-- v�.►.�. �f l>c.oc�F- 6 r`l�t-� ACCEPTED BY Pitkin County Board of County Commissioners � � By: . ��5 /- S" �-O�3 �1-'U State of Colorado ) )ss. County of�� } The foregoing Restrictive Cavenant was acknQwledged befare me this �� day of � i.t, 20�'� by��l�'��\ . fl 1�� as for P tkin County. r Wimess my hand and official seai � - �M�E �Ri ,,,,,.....,.sc My commission exgires on: �- � ( - ��"I �:� ��TARY 't�< . . . -a-o—a . : • �. �°tJB�.IC .: N ' "9�'••.....••'�,� �;�C0�.0 a ��1�` �'�b . _ _ .,_,�.��._.. . ..�.��,��.� Eghibit A Legal Description: Cadet Lode Mining Claim, Survey No. 5790, 4.542 acres, located in Pitkin Count�, State of Colorado, Southeast `/a Section 24, Township 10 South, Range 85 West, 6 P.M., Roaring Fork Mining District L¢� �