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Home My WebLink Aboutbocc.res.086.2013 EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO A HOME RULE COUNTY ("PITKIN COUNTY") APPROVING AN INTERGOVERNMENTAL AGREEMENT ("AGREEMENT') WITH COUNTY OF LARIMER, COLORADO A BODY CORPORATE AND POLITIC ("LARIMER COUNTY") EACH A "PARTY" AND, COLLECTIVELY, THE"PARTIES" FOR FLOOD RELATED AID RESOLUTION NO. CR G . 2013 RECITALS I. Intergovernmental agreements to provide functions or services, including sharing the costs of such functions or services, or incurring debt, by political subdivisions of the State of Colorado, are specifically authorized by C.R.S. § 29-1-203, relevant portions of Title 24, Article 33.5, and other sections of the Colorado Revised Statutes. 2. Pursuant to Section 2.8.5 of the Pitkin County Home Rule Charter the Board of County Commissioners is authorized to approve intergovernmental agreements by Emergency Resolution. 3. Flooding of epic proportions (the"Flood") led to a Presidential Declaration of Disaster beginning on September 11, 2013, a State of Colorado Emergency Declaration declared on September 12, 2013, a Local Disaster Emergency declared by Larimer County on September 12, 2013. 4. The Parties desire to enter into this Agreement to provide a framework for Pitkin County to provide Flood-related aid within Larimer County in accordance with Federal, State, and local laws and the policies of any Federal, State, or other agencies providing reimbursement for Flood-related work. 5. The BOCC finds that adoption of this resolution is necessary for the immediate preservation of the public health, safety and welfare of the citizens of the flood related area. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chair be authorized to sign the Intergovernmental Agreement with the County of Larimer for flood related aid. 2 INTRODUCED, R D AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE 6 Z-.. DAY OF ..Gnv w r 2013 A D SET FOR CONFIRMATORY PUBLIC HEARING ON THE ,V DAY OF Gu+-4.44r2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON l/- -7 , 2013. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PIT I{�N COUNTY WEBSITE www.aspenpitkin.com ON THE a-DAY OF /(l Du-c .i 2013.aaa C• FIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE or DAY OF , ,r- 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY POSTED BY TITLE AND SHORT SUMMARY ON THE OFF CIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE,/-1'"IDAY OF O(/ uy 2013 A ST: BOARD OF COUNTY COMMISSIONERS / ,/ By _ I l i %I, _ . A) .1 By/ � /,L_ QJ _._.. vLL- Je.i ette Jones George Newm+n, Chair Del uty County Cle , Date: ., APPROVED AS TO FORM: MANAGER APPROVAL a John Ely • = orney Jon Peacock, ounty Manager 3 4 25 THIS AGREEMENT WAS NEVER ACCEPTED/EXECUTED BY LARIMER COUNTY 3 INTERGOVERNMENTAL AGREEMENT FOR FLOOD-RELATED AID THIS AGREEMENT FOR FLOOD-RELATED AID (the "Agreement") is effective as of the 6th day of November, 2013, between the COUNTY OF LARIMER, Colorado, a body corporate and politic ("Larimer County"), and the COUNTY OF PITKIN, Colorado, a home rule county("Pitkin County") (each, a"Party"and, collectively, the "Parties"). RECITALS A. Intergovernmental agreements to provide functions or services, including sharing the costs of such functions or services, or incurring debt, by political subdivisions of the State of Colorado, are specifically authorized by C.R.S. § 29-1-203, relevant portions of Title 24, Article 33.5, and other sections of the Colorado Revised Statutes. B. Flooding of epic proportions (the "Flood") led to a Presidential Declaration of Disaster beginning on September 11, 2013, a State of Colorado Emergency Declaration declared on September 12, 2013, a Local Disaster Emergency declared by Larimer County on September 12, 2013. C. The Parties desire to enter into this Agreement to provide a framework for Pitkin County to provide Flood-related aid within Larimer County in accordance with Federal, State, and local laws and the policies of any Federal, State, or other agencies providing reimbursement for Flood- related work. AGREEMENT 1. Larimer County requests, and Pitkin County agrees to provide, assistance directly related to the provision of force account labor, equipment, or other resources for work resulting from the declared disaster. 2. Pitkin County will provide force account labor, equipment, or other resources and assistance for the removal and management of flood debris and other flood-related work in Larimer County in compliance with all Federal, State, and local laws, codes, and policies. 3. Larimer County will provide any contractor.monitors that are required by FEMA, if a private contractor is required. Pitkin County will administratively process invoices for Pitkin County staff or contractors, tare sheets, load tickets, and any other associated documents. Pitkin County will provide Larimer County with an invoice for a documented cost of work, including personnel for performing appraisals of damaged homes and other damage assessments in Larimer County. 4. Pitkin County does not seek reimbursement from Larimer County for any labor, equipment, or other resources or assistance provided under this agreement. The value of and rates for labor and equipment shall be determined according to FEMA's Disaster Assistance Policy# 9525.2. Donated Resources. 4 5. Larimer County agrees to be responsible for Pitkin County's equipment while it is in Larimer County's control and return Pitkin County's equipment in the same condition in which it was received. 6. Larimer County agrees to add Pitkin County as an additional insured on its relevant insurance policy or policies. 7. Nothing contained in this Agreement and no performance under this Agreement by personnel of either Party shall in any respect alter or modify the status of officers, agents, or employees of Larimer County or Pitkin County. 8. This Agreement is promulgated under C.R.S. § 29-1-201, the relevant portions of Title 24, Article 33.5, and relevant FEMA regulations, policies, and procedures. Colorado Statutes shall control in case of conflict between this agreement and the Statutes. Each and every term, provision, or condition herein in subject to and shall be construed in accordance with the provisions of Colorado law,the charters of the Parties (if applicable), and the ordinances and regulations enacted pursuant hereto. EXECUTED as of the date first set forth above. LARIMER COUNTY: Steven Johnson, Chair Board of Larimer County Commissioners Attest: Clerk to the Board PI "!:IN COUNTY: "IN earge Newm.h h.it Boa d of Pitkin t oun y C.' missioners i / . %.i Al t, A� ;st: C irk to the Board 5 i