HomeMy WebLinkAboutbocc.con.262.2017 - BOCC CONTRACT 06 '"f Utz
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RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PFI'KIN COUNTY,
COLORADO ADOPTING, AN
INTERGOVERNMENTAL AGREEMENT(IGA)
BETWEEN THE COLORADO DEPARTMENT OF
NATURAL RESOURCES AND PITICIN COUNTY FOR
COOPERATIVE WILDFIRE PROTECTION.
RESOLUTION NO. j_44,2017
RECITALS:
1. Pursuant to Section 2.3 3 (Actions)of the Pitkin County Home Rule Chaney
("HRC")official action by formal resolution shall be required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens
2. The purpose of this IGA is to comply with CRS 24-33.5-1221 and address
mitigation and suppression of wildland fires affecting Colorado Parks and Wildlife
(CPW)land within Pitkin County.
3. CPW shall, in accordance with the provisions in the IGA,provide reimbursement to
the County for certain costs the County Incurs during the suppression of a wiidiand
fire on CPW land
4. The IGA applies to 329 acres of State Wildland Area in Pitkin County that is located
on the Frying Pan Road above Meredith Parcel ID: 247336100801.
5. The BOCC finds that it is in the best interests of the citizens of Pitkin County to
approve this Resolution
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County. Colorado that it hereby adopts an IGA between the Colorado Department of
Natural Resources and Pitkin County for Cooperative Wildfire Protection and authorizes
the Chair or Chair's designee, to sign the Resolution and upon the satisfaction of the
County Attorney as to form, execute any other associated documents necessary to complete
this matter.
1
INTRODUCED AND FIRST READ ON THE ,/� DAY OF 2017
AND S T FOR SECOND READING AND PUBLIC HEARING ON TH /Y DAY
OF OKA., 2017
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RES LUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE //2-4 DAY
OF I/YL Lf. , 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIA PITKIN COUNTY WEBSITE (www pitkincounty.com)
ON THE ) 41 DAY OF Vlt Lc., 2017 ,�/
ADOPTED JFTER FINAL READING AND PUBLIC HEARING ON THE /`J"�
DAY OF 2017
PUBLISHED BY TITLE AND SHORT SUMMARY,A TER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE Jr DAY OF (Mt, . 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFIC L PT KIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE Ad DAY OF 2017.
ATTEST. BOA OF COUNTY COMMISSIONERS
By _ �� ./I .... (_ .,14N B ' 1- CZ) Air
Je.-f-tte Jones George Newm n, Cham
pi Ty
CD- ounty Cler
DatJ
e 1"\.I t1
APPROVED AS TO FORM. MANAGER APPROVAL
C ----- - - — ---�
John Ely,County Attorney Jon Peacock,County Manager
c
I7-fIRF-94576 CT PMAA 2017`2505
INTERGOVERNMENTAL AGREEMENT CONTRACT# �� ��
BETWEEN THE
COLORADO DEPARTMENT OF NATURAL RESOURCES
AND
PITKIN COUNTY
FOR
COOPERATIVE WILDFIRE PROTECTION
Pursuant to CRS §24-33.5-1221 as amended by HB 14-1210
A. PARTIES
This Intergovernmental Agreement ("10A") is made by and between Pitkin County
acting through its Board of Count) Commissioners (the ''Counts"), the Sheriff of the
Count) (the "Sheriff'), and the State of Colorado, acting by and through the Colorado
Department of Natural Resources, Colorado Division of Parks and Wildlife. 1313
Sherman St , Room 618, Denver, Colorado 80203 ("CPW"), and the Colorado
Department of Public Safety, Division of Fire Prevention and Control. 690 Kipling
Street. Suite 200, Lakewood. CO 80215 ("DFPC"). Both CPW and DFPC indhidualh or
together may also he referred to as the "State' throughout the IGA.
B. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This IGA shall not be effectiNe or enforceable until it is approved and signed h) the
Colorado State Controller or designee (-'Eflectne Date") The State shall not he liable to
pay or reimburse the County for any performance hereunder including. but not limited to,
costs or expenses incurred- or he bound b) any pros ision hereof. prior to the Effective
Date.
C. RECITALS
1. Authority
The Parties are entering into this IGA pursuant to CRS §2_4-33.5-12221. as most
recently amended b) I louse Bill 14-1210 (the "Statute'). Authority to enter into this
IG.4 is contained in the Colorado Constitution Article XIV $18(2)(a) and in CRS
§§24-33 5-1221. 29-1-203. 33-1-101, 33-1-104. 33-I-105. 33-9-101, 33-9-109 etseq
33-10-101, 33-10-106, and 33-10-107. Nothing in this IGA alters or affects the
manner in which Wildland Fire suppression activities or costs are handled during
existing mutual aid periods as defined in the AOP or pursuant to an) other existing
agreement.
2. Consideration
I he Parties acknov,ledge that the requirements of CRS §24-33.5-1221. the mutual
promises and covenants contained herein, and other good and aluable consideration
are sufficient and adequate to support this IGA
3. Exhibits
'The following are attached hereto and incorporated h) reference herein: EXHIBIT A
(Reimbursement Request). EXIIIBI I B (Sample Option Letter)
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4. Purpose
fhe purpose of this IGA is to comply with CRS §24-33 5-1221 and address
mitigation and suppression of Wildland Fires affecting CPW' Land within the County.
5. References
All references in this IGA to sections (whether spelled out or using the § symbol),
subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless
otherwise noted.
D. DEFINITIONS
As used in this IGA, the following terms shall have the meaning ascribed to them in this
section. These terms are in addition to terms defined otherwise in this IGA and defined in
CRS §24-33.5-1221.
I. Annual Operating Plan or AOP
"AOP" means a planning document regarding how interparty cooperation is to be
implemented within the County It is intended that any such document will be
adopted on an annual basis by. between and among pertinent parties. Such parties
might include the County, the Sheriff, DFPC, federal land agencies, and/or other
participants
2. CPW Land
"CPW Land" means all Forest Land, Rangeland, and Wildland Areas that are owned
by CPW and located within the County. provided however that. pursuant to CRS §24-
33.5-1221 the following are excluded from the definition of CPW Land: all lands
within the boundaries of incorporated cities or towns; lands owned or controlled by
the federal goy ernment or any agency thereof; and. [and in w hich CPW merely holds
a right-of-way interest or conservation easement. or state trust lands. CPW will
provide the Count} with an inventory and map of CPW Land located within a County
at the outset of the IGA and upon request by the County.
3. CRS
"CRS" means the Colorado Rey ised Statutes. as amended.
4. Federal Land
"Federal Land" as defined by CRS §34-33-103(9) means any land, including mineral
interests. owned by the I hinted States. but excluding I nhal Lands
5. Fire Use Restrictions
"Fire I Ise Restrictions" means any burning restriction enacted pursuant to CRS §24-
33.5-1225 or by the County pursuant to CRS §30-15-401(1 )(11.5)(1).
6. Forest Land
"Forest Land- as defined by CRS §24-33.5-1221(2)1a)(I) means land of which at least
III percent is stocked by forest trees of any size and includes land that formerly had
such tree coyer and that will be naturally or artificially regenerated. Forest Land
includes roadside, streamside. and shelterbelt strips of timber haying a crown width of
at (cast 120 feet. Forest Land includes unintproxed roads and trails, streams, and
clearings that are less than 120 feet wide
7. Incident Commander
"Incident Commander" as defined by CRS §29-22.5-102(2) mean. the indn idual
responsible for the ON erall management of the incident including de'.eloping incident
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obfectiNes and managing all incident operations, by virtue of explicit legal. agency. or
delegated authority.
8. Intergovernmental Agreement or IGA
"Intergovernmental Agreement" or"IGA" means this IGA. its terms and conditions,
attached exhibits. documents incorporated by reference under the terms of this IGA,
and any future modifying agreements. exhibits, attachments or references
incorporated herein pursuant to Colorado State law. Fiscal Rules, and Slate Controller
Policies
9. National Fire Incident Reporting System or NFIRS
"National Fire Incident Reporting System" or" NFIRS" means the reporting standards
sv stem established by the United States Fire Administration.
10. National Wildfire Coordinating Group or NWCG
"National Wildfire Coordinating Group" or"N WCG" means the operational group
established through the U.S. Department of Agriculture, U.S. Department of the
Interior, International Association of Fire Chiefs, Intertribal limber Council. National
Association of State Foresters, and the U.S. Fire Administration, and which provides
national leadership to develop. maintain, and communicate interagency standards,
guidelines, qualifications, training and other capabilities that enable interoperable
wildland tire operations among federal and non-federal entities.
11. Party or Parties
"Party" means the County, the Sheriff, CPW, or DF PC. and "Parties" mean the
County. the Sheriff, CPW, and DFPC, ora combination of them.
12. Rangeland
"Rangeland" as defined by CRS §24-33.5-I221(2)(a)(I1) means an expanse of land
that is unforested and on »hich it is suitable for livestock to wander and graze.
13. Resource Advisor
"Resource Adv icor" means the party primarily responsible for identifying and
evaluating potential impacts and benefits of Wildland Fires on natural and cultural
resources.
14. State Fiscal Year
"State Fiscal Year" means the period of time from July I of each calendar y ear
through and including June 30 of the following calendar year
IS. State Responsibility Fire
"State Responsibility Fire"means a Wildland Fire that exceeds the County and the
Sheriffs capability to control or extinguish and for »hich DFPC has determined that
the tire meets the criteria for the Emergency Fire Fund.
16. Tribal Land
"I ribal Land" means all lands, including, but not limited to. mineral interests and
rights-of-way, within the exterior boundaries of am federal Indian reser%ation,
notysithstanding the issuance of am patent. including mineral interests held in trust
for or supervised by any Indian tribe.
17. Wildland Area
"Wildland Area." Pursuant to CRS § 24-33.5-l221(2)(a)1 IV), "Wildland Area" means
an area in which development is essentially nonexistent. except for roads, railroads.
power lines, and similar infrastructure. and in which structures. if present. are »ideh
scattered.
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18. Wildland Fire
-Wildland Fire"As defined in CRS §24-33.5-122112)(al( "Wildland Fire" means
an unplanned or unwanted Tire in a forest land, rangeland, or Wildland Area,
including an unauthorized human-caused fire in a forest land. an out-of-control
prescribed fire, and am other fire in a forest land. rangeland. or Wildland Area where
the objective is to extinguish the fire.
19. Wildfire Emergency Response Fund
"Wildfire Emergency Response Fund"means those funds available to DFPC pursuant
to CRS §24-33.5-1226
20. Wildfire Suppression Costs
"Wildfire Suppression Costs" means the costs incurred to suppress any Wildland Fire
E. MITIGATION AND SUPPRESSION OF WILDLAND FIRES
I Relationship between the County and the Sheriff
the responsibilities of and dit inion of duties between the County and the Sheriff are
governed by applicable law.
2. Procedures for Cooperation and Coordination
The procedures for cooperation and coordination among the Parties are as follows
i. Notification
rhe County shall notify the DFPC Fire Management Officer or the DFPC Fire
Duty Officer of fire suspected on ('PW Land within 24 hours of the County
becoming aware of a lire or suspected fire. CPW shall pros ide notification to the
DFPC' Fire Duty Officer of am tire suspected on CPW lands within 24 hours of
becoming aware of a fire or suspected fire
ii. Reporting
Prior to or concurrently with the submission of any reimbursement request under
this IGA. the Count) shall ensure that the Wildland Fire incident information is
entered into NFIRS and shall protide DFPC with geographic information sstems
data or a detailed map of the Wildland Fire perimeter.
3. Management Objectives
The management objectives of CPW are as follows:
i. Pre\ention
a. Fire Use Restriction
Under the terms of the County's ADP, if applicable CPW will coordinate
with the County in complying with Fire Use Restrictions.
h. Media
The Parties may coordinate public fire prevention messages protided to the
media.
ii. Preparedness
CPW may, in coordination with the Count), develop fire management plans
and/or emergent} operations plans for CPW Land to identify fire management
objectit es. CPW shall share any pre-determined or deteloped fire management
plans for CPW 1 ands located within the County with the County.
iii. Mitigation
CPW w ill plan. prioritize and implement hazardous fuels reduction and defensible
space projects, as funding allows. on CPW Land using recognized standards or
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best practices. CPW, in its sole discretion, will include fuels reduction and
Wildland Fire prevention goals in habitat improi ement projects in the Wildland
Area-urban interface to the extent that CPW determines it possible
iv. Suppression
Wildland Fire suppression responsibilities on non-Federal I ands in Colorado are
governed by CRS §29-22.5-103 and §30-10-513, which sets forth a hierarchy of
local jurisdiction from County Sheriff to State of Colorado. with the DFPC being
the lead state agency for Wildland Fire management.
a Resource Advisor
Under the terms of the County's AOP, if applicable, CPW regional staff or
their designee may act as a Resource Ad isor for Wildland Fires occurring
within the County on CPW Land in accordance with NWCG standards
contained in the Resource Advisor's Guide for Wildland Fire, publication
#313.
h. Reimbursement
CPW will make reimbursement funding available for the Count) for Wildfire
Suppression Costs in accordance with §G
N. Reclamation
CPW is responsible for all reclamation actii ities designed to restore damage from
suppression nth.ities on CPW Land.
i i. Rehabilitation
CPW is responsible for the cost of long term post-fire rehabilitation on CPW
Land. including but not limited to restoration of habitat. and reducing threats of
noxious weeds and erosion.
F. EMERGENCY AND MUTUAL AID RESOURCES
In the e'ent of Wildland Fires, emergency and mutual aid resources may be available from
multiple nonprofit, local, state, and federal fire agencies pursuant to applicable cooperatite
agreements. mutual aid agreements, and AOPs. This IGA is not intended to affect. limit, or
reduce any Party's access to, application for. or acquisition of an) such other aid resources that
may become wadable outside of this IGA.
G. REIMBURSEMENTS TO THE COUNTY
1 Reimbursement
i CPW shall, in accordance with the provisions of this IGA, provide reimbursement
to the Count) for certain costs the Count) and/or Sheriff incurs during the
suppression of a Wildland Fire on CPW Land. the total amount of such
reimbursement will be based on a cost share method included in the AOP if
applicable, or the o'crall cost of suppression efforts incurred during any such
Wildland Fire and the ratio of CPW Land to non-CPW Land invoked in the
Wildland Tire if the AOP is not applicable. Costs incurred during the mutual aid
period or recuterahle through other mechanisms, including but not limited to the
Wildland Emergency Response Fund and the Colorado Firefighting Air Corps,
and costs incurred b} the County or Sheriff during a State Responsibility Fire.
including those related to the County's minimum commitment, are not subject to
reimbursement through this IGA.
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ii. To obtain reimbursement for eligible suppression costs, the Sheriff. the County, or
both shall submit to DFPC a completed reimbursement request as pros ided in
Exhibit A.
iii.
DFPC shall reg iew each reimbursement request submitted in accordance with the
provisions of this IGA and, if Validated and funds are available. pay the amount of
appros ed reimbursement to the requesting Party
is. The following are conditions precedent to approval of am reimbursement request:
a. The County shall have made notification and ensured reporting as set forth in
§E 2 i and §E.2.ii.
b. DFPC receives the reimbursement request as submitted in accordance with §K
in writing in the same State Fiscal Year in which Wildfire Suppression Costs,
for which the County or Sheriff seek reimbursement, are Incurred. If the
Count} cannot submit a final reimbursement request within the same State
Fiscal Year, the County may provide a written estimate of the anticipated
expenses within 10 days from the end of the pertinent State Fiscal Year.
Estimates submitted by the County under this section are necessary for State
accounting purposes and should contain basic information related to the
expected amount of expenses incurred.
c. The County or Sheriff pros ides documentation of costs in form and substance
acceptable to DF PC
d. CPW and DFPC validate the costs as reimbursable in accordance is ith the
provisions of this IGA and as required by statute
2 Maximum Amount
i. The maximum amount payable over the entire term of this IGA by CPW pursuant
to statute and this IGA is 5626500. rhe actual amount payable arises on a
discrete Wildland fire incident per State Fiscal Year basis. "'his amount is drawn
from pooled funding for all counties, including the County, who enter into a like
intergos ernmental agreement with the State pursuant to CRS §24-33.5-1221 As
such, the State urn make reimbursements under the IGA or to other counties on a
first-come first-reimbursed basis, determined by date and time when DFPC
receives a complete and acceptable reimbursement request pursuant to this IGA,
until available funds are fully expended either in pa}ment under this WA or to
other counties CPW does not guarantee any minimum reimbursement or that
there are funds asailable for any reimbursement under this !GA. Funding for
reimbursement of Wildfire Suppression Costs dens es from appropriations
approved by the Colorado General Assembly for the purpose of this IGA, and
payments under this IGA are limited to the unpaid obligated balance of such
appropriations, on a State Fiscal Year basis. The maximum amount payable by the
State under this IGA during each State Fiscal Year is $89,500
ii. The State is prohibited by law from making commitments beyond the term of the
State's current fiscal year. therefore, payments under this IGA beyond the State's
current Fiscal Year are contingent upon the continuing mailability of State
appropriations as pros ided in the Colorado Special Provisions contained in §M of
this IGA. If federal funds are used to fund this IGA, in whole or in part, the
State's performance hereunder is contingent upon the continuing availability of
such funds. Payments pursuant to this IGA shall be made only from available
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funds encumbered for this IGA, and the State's liability for such payments shall
he limited to the amount remaining of such encumbered funds. If State or federal
funds are not appropriated, or otherwise become unavailable to fund this IGA. the
State may terminate this IGA immediately, in whole or in part, without further
liability in accordance with the prosrsions hereof.
3 Erroneous Payments
At the State's sole discretion. the State may recover payments that were made in error
under this IGA to the County or Sheriff
H. TERM AND TERMINATION
I. The Parties' respective performances under the initial term of this IGA shall
commence on the later of either the Effective Date or January 1. 2017. This IGA
shall terminate on June 30, 2023 unless sooner terminated or further extended as
specified elsewhere herein
a. This IGA shall automatically terminate upon the date CRS §24-33.5-1221 is
repealed if repealed.
b This IGA shall automatically terminate if the Parties enter into a separate
agreement that satisfies the requirements of CRS §24-335-1221.
c. The County may terminate this IGA by pros iding written notice of
termination to CPW as pros ided in §K.
d. CPW. at its discretion. shall have the option to extend the performance under
this IGA beyond the initial term for a period, or for successive periods, of one
and half years (18 months) or less under the same terms specified in this IGA
(each such period an "Extension Term"). In order to exercise this option. the
State shall provide written notice to County in a form substantially equivalent
to Exhibit B. Except as stated in §H.l.e., the total duration of this Agreement,
including the exercise of any options to extend. shall not exceed 10 years
from its Effective Date absent prior approval from the State Purchasing
Director in accordance with the Colorado Procurement Code.
c. CPW, at its discretion and upon written notice to the County and DFPC, shall
have the option to extend the performance under this IGA for a period not to
exceed two months if the Parties arc negotiating a replacement IGA at or near
the end of the initial term or renewal term. I he pros inions of this IGA in
effect when such notice is given, including. but not limited to prices, rates,
and delisery requirements. shall remain in effect during the two-month
extension. The Es month extension shall immediately terminate when and if
a replacement IGA is approved and signed by the Colorado State Controller.
REMEDIES
If any Party rads to perform as required under this IGA, any other Party may send notice of such
non-performance as provided in §K Such notice shall describe the non-performance, the action
or actions the non-performing Party needs to take to cure the non-performance, and the date by
when such action or actions need to occur If the non-performing Party fails to cure the non-
performance. the other Party or Parties may avail themsels es of remedies asailable by law.
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J. DISPUTE RESOLUTION
In the event of disputes concerning perfitrmance hereunder or otherwise related to this IGA, the
Parties shall attempt to resolve them at the lowest staff level practicable. If this fails,disputes
Mall he referred to senior departmental management staff designated by each Party. If this tails,
the Director of CPW, the Director of DFPC, the Sheriff,and a representatite of the County's
Board of Commissioners shall meet and attempt resolution. If this fails, a Party may seek judicial
relief
K. NOTICES
Each individual identified below is the principal representative of the designating Party. All
notices required to be given hereunder shall he hand delivered with receipt required or sent by
certified or registered mail to such Party's principal represental is at the address set forth below.
In addition to, but not in lieu of a hard-copy notice, notice shall he cent by e-mail to the e-mail
addresses, if any, set birth below. Either Party may from time to time designate by written notice
substitute addresses or persons to whom such notices shall be sent. t 'nless otherwise prosided
herein. all notices shall be etfectise upon receipt
CPW DFPC
Matt Schulz Director Mike Morgan
Division of Parks and Wildlife 690 Kipling Street. Suite 2000
6060 Broadway. Lakewood. CO g0215
Denser, CO 80216 303-239-5865
303-291-7152 Mike.Morgan wstatc.co.us
Matt Schulici.state.co.us
COUN'T'Y SHERIFF
Board of County Commissioners of Pitkin Joe DiSal o Sheriff
Counts Sheriffs Office
123 Emma Road, Suite 106 506 F. Main St Suite 204
Basalt,CO 81621 Aspen. CO 81611
97U-920-5200 Phone 970-920-5301)
Jon.Peacock amitkincountv,com Joechisels pitkui.heril'f coin
WITH A COPY TO:
Pitkin County Attorne\'s Office
123 Emma Road. Suite 204
Basalt. CO 81621
attorney a pitkincounts.com
L. GENERAL PROVISIONS
I. Assignment and Subcontracts
Each Party's rights and obligations hereunder are personal and may not he
transferred. assigned or subcontracted. Any attempt at assignment, transfer,
subcontracting without such consent shall be void. .11I assignments, subcontracts. or
subcontractors approved by am Party are subject to all of the pros isions hereof
2 Binding Effect
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All pros isions herein contained, including the benefits and burdens. shall extend to
and he binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
3. Captions
The captions and headings in this IGA are for convenience of reference only.and
shall not he used to interpret, define. or limit its provisions
4. CORA Disclosure
To the extent not prohibited by federal lax, this WA and the performance measures
and standards under CRS §24-103,5-101, if any, are subject to public release through
the Colorado Open Records Act. ('RS §24-72-200.1,et seq.
5. Counterparts
This IGA may he executed in multiple identical original counterparts, all of which
shall constitute one agreement
6 Jurisdiction and Venue
All suits or actions related to this IGA shall he tiled and proceedings held in the State
of Colorado and exefusi'e 'enue shall he in Colorado.
7 Entire Understanding
Ibis IGA represents the complete integration of all undet standings related to CRS
§24-33.5-1221 between the Parties and all prior representations and understandings,
oral or writien,are merged herein. Prior or contemporaneous additions.deletions,or
other changes hereto shall not have any force or effect 55hatsoc5er. unless embodied
herein.
8. Modifications
i. By the Parties
F'cept as specifically provided in this IGA, modifications of this IGA shall not he
effective unless agreed to in writing by the Parties in an amendment to this IGA,
properly executed and approved in accordance with applicable Colorado State
lata. State Fiscal Rules, Modifications permitted under this IGA. other than
contract amendments, shall conform with the Policies of the Office of the State
Controller. including. but not limited to, the policy entitled MODIFICATIONS
Of CONTRACTS - TOOLS AND FORMS
ii By Operation of Law
1 his IGA is subject to such modifications as may he required by changes in
Federal or Colorado State law, or their implementing regulations Any such
required modification shall automatically he incorporated into and he part of this
It IA on the effective date of such change. as if fully set forth herein
9 Order of Precedence
The provisions of this IGA shall go}ern the relationship of the Panics. In the esent of
conflicts or inconsistencies between this IGA and its exhibits and attachments, such
conflicts or inconsistencies shall be resolved by reference to the documents in the
following order of priority:
i. fhe Colorado Special Provisions
ii. 1 he pros isions of the main body of the WA
Exhibit A(Reimbursement Request)
iv. Exhibit B (Sample Option Letter)
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If}. Severability
Pros ided this IGA can be executed and performance of the obligations of the Parties
accomplished within its intent- the provisions hereof arc severable and any provision
that is declared invalid or becomes inoperable for any reason shall not affect the
validity of any other provision hereof, pros ided that the Parties can continue to
perform their obligations under this IGA in accordance with its intent.
11. Survival of Certain IGA Terms
Notwithstanding anything herein to the contrary. provisions of this RI.A requiring
continued performance- compliance, or effect after termination hereof, shall sunlit
such termination and shall he enforceable if any Part} fails to perform or comply as
required
12, Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-
73012.3K)and from all State and local government sales and use taxes funder CRS
$§39-76-101 and 201 et seq. Such exemptions apply vv hen materials are purchased or
sen ices are rendered to benefit the State: pros ided )loiterer, that certain political
subdivisions(e.g., City of Denver) may require payment of sales or use taxes even
though the product or sere icc is provided to the State. The County shall be solely
liable for paying such taxes us the State is prohibited from paying or reimbursing the
County for such taxes.
13. Third Party Beneficiaries
Enforcement of this IGA and all rights and obligations hereunder are reserved solely
to the Parties. Any services or benefits which third parties receive as a result of this
IGA are incidental to the IGA. and do not create any rights fn such third parties.
14. Waiver
Waiver of any breach under a term, prov ision. or requirement or this IGA. or any
right or remedy hereunder, whether explicitly or by lack of enforcement. shall not be
construed or deemed as a wai\er of any subsequent breach of such term. provision or
requirement, or of any other term, provision, or requirement
NI. COLORADO SPECIAL PROVISIONS
these Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This IGA shall not be v al id until it has been approved by the Colorado State Controller or
designee.
2. FUND AVAILABILITY.CRS§23-30-202(5.5).
Financial obligations of the State payable alter the current fiscal }ear are contingent upon
funds for that purpose being appropriated, budgeted. and otherwise made available.
3. GOVERNMENTAL IMMUNITY.
No term or condition of this !GA shall be construed or interpreted as a waiver,express or
implied. of any of the immunities. rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS *24-10-101 et seq.. or the Federal Tort
Claims Act, 28 U.S.C. §§1146(h) and 2671 et seq.. as applicable DOW or hereafter
amended.
4. County shall perform its duties independently and not as an employee of the Stale.
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I7-F IRP-94575 C I' PMAA 2017'12503
Neither County nor any agent or employee of County shall be deemed to be an agent or
employee of the Stale. County and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the
State shall not pay for or otherwise provide such coverage for County or any of its agents
or employees t'nemploy ment insurance benefits will be available to County and its
employees and agents only if such coverage is made available by County or a third party.
County shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to this IGA County shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding. except as
expressly set forth herein. County shall la) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by
law. it)) provide proof thereof when requested by the Slate. and (c) be solely responsible
for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW.
County shall strictly comply with all applicable federal and State laws. rules,and
regulations in effect or hereafter established, including, without limitation. laws
applicable to discrimination and unfair employment practices.
6. CHOICE OF LAW.
Colorado law. and rules and regulations issued pursuant thereto.shall be applied in the
interpretation, execution. and en Mreement of this IGA. Any pros.ision included or
incorporated herein by reference which conflicts with said laws. rules, and regulations
shall he null and void Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not he valid or
enforceable or available in any action at law. whether by way of complaint. defense, or
otherwise. Any provision rendered null and void by the operation of this provision shall
not invalidate the remainder of this IGA. to the extent capable of execution.
7. BINDING ARBITRA1 ION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extrusiudieial body or
person. Any pro'ision to the contrary in this 'GA or incorporated herein by reference
shall be null and void.
R. SOFT WARE PIRACY PROHIBITION. Governors Executive Order D Ota'_ 00.
State or other public funds payable under this IGA shall not be used for the acquisition.
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. County hereby certifies and warrants that. during the
term of this IGA and any extensions. County has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State
determines that County is in y iolation of this provision, the State may exercise any
remedy as dibble at law or in equiq or under this IGA. including, without limitation.
immediate termination of this IGA and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL. INTEREST/CONFLICT OF INTEREST. CRS §§24-
18201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the seta ice or property described in this IGA. County
has no interest and shall not acquire any interest, direct or indirect. that would conflict in
Puce 1I of13
17-FIRE-94576 CT PMAA2017*25115
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS IGA
* Persons signing for County hereby swear and affirm that they are authorized to act on County's behalf and
acknowledge that the State is relying on their representations to that effect.
**Signatory avers to the State Controller or delegate that County has not begun performance or that a
I Statutory Violation waiver has been requested under Fiscal Rules
COUNTY SIAII OF COLORADO
Pitkin County John W Hickenlooper,Governor
B) George Newman (tor) Robert Randall. Executive Director
I nle�}lozrd of Count Commis Doers,Chair Department of Natural Resources
LJALLAcis Colorado Dui i�an 1 Parks and Wildlife
/ `-' *S nature �V Signaatturre**
,( / B 3
, &3f/rn I2c ttrr cow CFP
Date G� / kigil _ __ _ Date 7- //-_17
COUNTY SHERIFF SI AIL OF COLORADO
Bv• Joe DiSalvo John W Hickenlooper,Governor
I isle Sheriff I Jur) Mike Morgan, Director
Department of Public Safety,
Di .may t Fuc Preveu on and Control
___4A-- -
*Signatu _ ll /y
ignature --
Date. Lo ( << l i B) A tk.c, / / ii:7-?-/ k
Date 7— I 7- i 7 -
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approse all State Contracts.This IGA is not valid until
signed and dated below b) the State Controller or delegate.County is not authorized to hegin performance
until such time. If County begins performing prior thereto,the State of Colorado is not obligated to pay
County for such performance or for any goods and/or sen ices pros ided hereunder.
STATEfaros,
Robert.lams,CP MBA .IH
B)' ii wry_ l
• ggie'an Glee!. DNR Purchasing Director
Date 7/�-1 • z
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