HomeMy WebLinkAboutbocc.res.047.2017 CONTRACT#36C '- &n
.4-.4-t,_ �a )
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITK1N COUNTY,
COLORADO ADOPTING, AN
INTERGOVERNMENTAL AGREEMENT(IGA)
BETWEEN THE COLORADO DEPARTMENT OF
NATURAL RESOURCES AND PITICIN COUNTY FOR
COOPERATIVE WILDFIRE PROTECTION.
RESOLUTION NO.ff tn 2017
RECITALS:
1. Pursuant to Section 2.8 3 (Actions)of the Pitkin County Home Rule Charter
("I1RC')official action by formal resolution shall he 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 wildland
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 Wildlife 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.
INTRODUCED AND FIRST READ ON THE 'a 1 DAY OF in/4 , 2017
AND S T FOR SECOND READING AND PUBLIC HEARING ON THF JK`L DAY
OF 2017.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RES LUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE / DAY
OF I/Yt IC. , 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIA PITKIN COUNTY WEBSITE (www.pukincounty corn)
ON THE JnJ DAY OF (/-n .{ 2017.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE /y"�
DAY OF d(/1x 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFIT,ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE fit"t DAY OF Vim, 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFIC L PITKIN COUNTY
WEBSITE(www.pitkincounty.com)ON THE j/pa DAY OF 2017.
ATTEST: BOA OF COUNTY COMMISSIONERS
By II . .. ,.Lw B
' ' tQi
Je. � tte nes George Newm n, Chai.
Dell! ty County Cler
Dater/1°NIP
APPROVED AS TO FORM. MANAGER APPROVAL
John Ely,County Attamey Jon Pe.cock. ounty Manager
2
17-FIRE-93576 CT PMA 2017^_505
INTERGOVERNMENTAL AGREEMENT CONTRACT# 9-11
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
[his Intergovernmental Agreement ("ICA") is made by and between Pitkin Count)
acting through its Board of County Commissioners (the "County"). the Sheriff of the
County (the"Sheriff'), and the State of Colorado. acting b} and through the Colorado
Department of Natural Resources. Colorado Division of Parks and Wildlife. 1313
Sherman St.. Room 618, Denver, Colorado 80203 ("CPA"), and the Colorado
Department of Public Safety, DIN ision of Fire Prevention and Control, 690 Kipling
Street, Suite 200, Lakewood. CO 80215 ("DFPC) Both CPW and DFPC inditiduall) or
together ma) also be referred to as the "State' throughout the IGA.
B. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This IGA shall not he effective or enforceable until it is approved and signed by the
Colorado State Controller or designee ("Effective Date"). I he State shall not he liable to
pa} or reimburse the Count) for any performance hereunder including, but not limited to,
costs or expenses incurred, or he bound by any provision hereof prior to the Effective
Date.
C. RECITALS
I. Authority
'I he Parties are entering into this IGA pursuant to CRS §24-33.5-1221. as most
recently amended by I louse Bill 14-1210 (the "Statute"). Authority to enter into this
IGA is contained in the Colorado Constitution Article XIV §I 8(2)(a) and in CRS
§§24-33 5-1221, 29-1-203. 33-1-101, 33-1-104. 33-1-105. 33-9-101, 33-9-109 et seq..
33-10-101, 33-10106. 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 any other existing
agreement
2. Consideration
The Parties acknowledge that the requirements of CRS §24-33 5-1221. the mutual
promises and covenants contained herein, and other good and valuahle consideration
arc sufficient and adequate to support this IGA.
3. Exhibits
The following are attached hereto and incorporated by reference herein. EXHIBIT A
(Reimbursement Request). EXHIBIT B (Sample Option Letter)
Page I of 13
I 7-FIRE-94576 C f PMAA 2017*2505
4. Purpose
fhe purpose of this IC;A is to comply with CRS §24-33.,'-1221 and address
mitigation and suppression of Wikdland Fires affecting CPW Land within the County.
5. References
All references in this ICA 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 IC;.A,the ibllowing terms shall have the meaning ascribed to them in this
section 'These terms arc in addition to terms defined otherwise in this !GA and defined in
CRS 824-335-1221.
1. Annual Operating Plan or AOP
••AOP-- means a planning document regarding how interparty cooperation is to he
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
•t'Ptl' Land-'means all Forest Land. Rangeland. and kk'ildland Areas that are owned
by CPW and located within the County, provided however that. pursuant to CRS §21-
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 government or an) agency thereof; and. land in which CPW merely holds
a right-of-way interest or conservation easement, or state trust lands. CPW will
provide the County with an inventor) and map of CPW Land located w ithin a County
at the outset of the 1GA and upon request by the County.
3. CRS
"CRS-" means the Colorado Revised Statutes, as amended.
4. Federal Land
Federal I and"as defined In CRS 1;34-334030) means aur) land. including mineral
interests. owned by the I'inited States. hut excluding 1 ri hal I ands.
5. Fire Use Restrictions
"Fire I ise Restriction;' means any burning restriction enacted pursuant to CRS §2_4-
33.5-1'_25 or by the County pursuant to CRS §30-15-401( 101.5)(1).
).
6. Forest Land
"Forest Land- as defined by CRS 824-33.5-1221(2)ta)(1) means land of which at least
10 percent is stocked by forest trees at any site and includes land that formerly had
such tree cover and that will be naturally or artificially regenerated. Forest Land
includes roadside, streamsidc, and shelterbelt strips of timber hay ing a crown width of
at least 120 feet. Forest Land includes unimproted roads and trails, streams. and
clearings that are less than 120 feet wide
7. Incident Commander
'Incident Commander as defined by C RS §29-22.5-102(2) means the mdiv idual
responsible for the of crall management of the incident including de>eloping incident
Purge 2 u(13
17-FIRbn4576 CT PMAA 3(117*250i
objects es and managing all incident operations. by v irtuc of explicit legal. agency, or
delegated authority
8. Intergovernmental Agreement or ICA
"Intergovernmental Agreement" or "KiA" means this RIA, its terms and conditions.
attached exhibits, documents incorporated by reference under the terms of this KiA,
and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller
Policies.
9. National Fire Incident Reporting System or NFIRS
"National Fire Incident Reporting System" or NFIRS" means the reporting standards
system established by the United State; Fire Administration.
10, National Wildfire Coordinating Group or NWC'G
"National Wildfire Coordinating Group"or"Mk('Cr means the operational group
established through the U.S. Department of Agriculture. I.I.S. Department of the
Interior, International Association of Fire Chief,, intertribal Limber Council, National
Association of State Foresters, and the I TS. Fire Administration, and which provides
national leadership to develop, maintain, and communicate interagency standards,
guidelines, qualifications, training and other capabilities that enable interoperable
wildland lire operations among federal and non-federal entities.
11. Party or Parties
"Part" means the County. the Sheriff C'PW', or DIPC, and "Parties'mean the
County, the Sheriff. C'PW, and DFPC. or a combination of them.
12. Rangeland
"Rangeland" as defined by CRS §24-31.5-1221122 aa)(ll1 means an expanse of land
that is unfiirested and on which it is suitable for livestock to wander and graze.
13. Resource Advisor
"Resource Advisor"means the party primarily responsible tin 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 1 of each calendar year
through and including,lune 10 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 Thr w high DFPC has determined that
the fire meets the criteria for the bmergency Fire Fund
16. Tribal Land
"Tribal Land" means all lands. including. hut not limited to. mineral interests and
rights-of-way. within the exterior boundaries of any federal Indian reser ation.
notwithstanding the issuance of any patent. including mineral interests held in trust
for or super ised by any Indian tribe.
17. Wildland Area
"Wildland Area."- Pursuant w CRS § 24-33.5-1221(2)(a)(lV). "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 widely
scattered.
Page 3 of 13
I 7-FIRE-01S76 r'i PNAA 2017*25(15
18. Wildland Fire
"Wildland Fire.- As defined in CRS §21-33 5-1221(21(u)(V), "Wildland Fire"' means
an unplanned or unwanted fire in a forest land. rangeland, or Wildland Area.
including an unauthorized human-caused fire in a forest land. an out-of-control
prescribed tire, and any other fire in a forest land. raneeland,or 'Midland 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 §2.4-33.5-1226.
20. Wildfire Suppression Costs
"Wildfire Suppression Costs" means the costs incurred to suppress any Wildland Fire.
E. MITIGATION AND SUPPRESSION OF%%ILDLAND FIRES
1 Relationship between the Count} and the Sheriff
The responsibilities of and division 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 I'arties are as follows.
i. Notification
I he County shall notify the DFPC Fire Management Officer or the DFPC Fire
Duty Officer of tire suspected on CPW Land within 24 hours of the County
becoming aware eta fire or suspected fire. CPW shall provide notification to the
DFPC fire Duty Officer of any, fire suspected on CPW lands within 24 hours of
becoming aware of a fire or suspected lire.
ii. Reporting
Prior to or concurrently with the submission of any reimbursement request under
this IGA. the County shall ensure that the \S ildland hire incident information is
entered into NFIRS and shall pro'ide DFPC with geographic information systems
data or a detailed map of the Wildland Fire perimeter.
3. Management Objectives
the management objectives of CPW are as follows:
Pre}era ion
a. Fire Use Restriction
Under the terms of the County's AOI'. if applicable, CPW will coordinate
With the Count} in complying with Fire Use Restrictions
b. Media
fhe Parties may coordinate public ire prey ention messages provided to the
media.
ii. Preparedness
('PW may, in coordination with the County, develop fire management plans
author emergency operations plans for CPW Land to identify tire management
objectives. CPW shall share any pre-determined or developed tire management
plans for CPW Lands located within the County with the County.
iii. Mitigation
CPW will plan. prioritize and implement hazardous fuels reduction and defensible
space projects.as funding allows.on CPW Land using recognized standards or
Page 3 of 13
17-I'IRI -94570 ( 1 PMAA 201 /'2505
best practices. CPW. in us sole discretion. well include fuels reduction and
Wildland Fire prescntion goals in habitat improsement projects in the W ildland
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 hierarch) 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 Comity's AOP, if applicable. CPW regional staff or
their designee may act as a Resource Ads iav for Wildland F fres occurring
within the County on CPW Land in accordance with NWCCi standards
contained in the Resource Advisor's Guide thr Wildland Fire, publication
#313.
b. Reimbursement
CPW will make reimbursement funding available for the County for Wildfire
Suppression Costs in accordance with G.
s. Reclamation
CPW is responsible for all reclamation activities designed to restore damage from
suppression activities on CPW Land.
xi. Rehabilitation
CPW is responsible for the cost of long term post-tire 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
fn the event of Wildland Fires. emergency and mutual aid resources may he available from
multiple nonprofit. local. state, and federal fire agencies pursuant to applicable cooperatise
agreements, mutual aid agreements- and AOPs. Phis (GA is not intended to affect, limit. or
reduce any Party's access to, application for, or acquisition of any such other aid resources that
may become available outside of this I(IA.
C. REIMBURSEMENTS TO THE COUNTY
1. Reimbursement
i.
CPW shall, in accordance with the pros isions of this [GA. pros ide reimbursement
to the County for certain costs the County and/or Sheriff incurs during the
suppression of a Wildland Fire on CEPA Land. 't he total amount of such
reimbursement will be based on a cost share method included in the AOP if
applicable. or the overall cost of suppmssion efforts incurred during any such
Wildland Fire and the ratio of CPW and to non-CPW Land involved in the
Wildland Fire if the AOI' is not applicable. Costs incurred during the mutual aid
period or reedy erable through other mechanisms. including but not limited to the
Wildland Emergency Response Fund and the Colorado Firefighting Air Corps.
and costs incurred by 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 I( A..
Paee 5 of 13
7-HRP:94576 Cr PMAA 3017#2505
to obtain reimbursement for eligible suppression costs. the Sheriff- the County.or
both shall submit to DFPC a completed reimbursement request as provided in
Exhibit A.
iii. DFPC shall review each reimbursement request submitted in accordance with the
pros inions of this IGA and. if validated and funds are available. pay the amount of
approved reimbursement to the requesting Party.
iv. The following are conditions precedent to approval of any reimbursement request:
a. The County shall have made notification and ensured reporting as set forth in
§E 2.i and §L '.ii.
h. DFPC receives the reimbursement request as submitted in accordance yeith §K
in writing in the same State Fiscal Year In it high Wildfire Suppression Costs.
for which the County or Sheriff seek reimbursement. are incurred. If the
County 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 bask information related to the
expected amount of expenses incurred.
e. I he County or Sheriff proiides documentation or costs in form and substance
acceptable to DFPC.
d. CPW and DFP(' y alidate the costs as reimbursable in accordance with the
provisions of this IGA and us required by statute.
2 Maximum Amount
i. The maximum amount payable over the entire term of this WA by CPR' pursuant
to statute and this WA is S626,500. 1 he actual amount payable arises on a
discrete Wildland hire incident per State Fiscal Year basis. This amount is drawn
from pooled funding for all counties. including the County. who enter into a like
intergovernmental agreement with the State pursuant to CRS §24-33.5-1221. As
such. the State will make reimbursements under the lCA or to other counties on a
first-come, first-reimbursed basis, determined by date and lime when DFPC
receives a complete and acceptable reimbursement request pursuant to this KiA,
until available funds are fully expended either in payment under this R IA or to
other counties. CPW does not guarantee any minimum reimbursement or that
there arc funds available for any reimbursement under this WA. Funding torr
reimbursement of Wildfire Suppression Costs deriy es from appropriations
approy ed by the Colorado General Assembly for the purpose of this R IA. and
pay ments under this WA 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 16A during each State Fiscal Year is 580.500
ii. 1 he Slate 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 ay ailability of State
appropriations as pros idcd in the Colorado Special Proy isioms contained in §M of
this WA If federal funds are used to fund this WA, in whole or in part. the
State's performance hereunder is contingent upon the continuing ay aitability of
such funds. Payments pursuant to this IGA shall be made only from available
Page Of I3
17-FIRE-9457b C I PMAA 2017*2505
tunds encumbered for this IGA. and the State's liability for such payments shall
he limited to the amount remaining of such encumbered hinds. If State or federal
funds are not appropriated, or otherwise become unavailable to find this [GA. the
State may terminate this IGA immediately, in whole or in part, without further
liability in accordance with the provisions hereof.
3. Erroneous Payments
At the State's sok 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 Panics' respective performances under the initial term of this ICA shall
commence on the later of either the Effective Date or January 1. 2017. This ICA
shall terminate on June 30, 2023 unless sooner terminated or further extended as
specified elsewhere herein.
a. This [GA shall automatically terminate upon the date CRS 24-33.5-1221 is
repealed if repealed.
b. This [GA shall automatically terminate itthe Parties enter into a separate
agreement that satisfies the requirements of CRS X24-33.5-1221.
c. The County may terminate this [GA by providing written notice of
termination to CPM as pros ided in §R.
d. CM, at its discretion, shall have the option to extend the performance under
this IGA beyond the initial tent for a period, or for successive periods, of one
and half rears (18 months)or less under the same terms specified in this IGA
(each such period an "Extension Tenn") In order to exercise this option, the
State shall pros ide written notice to County in a torn substantially equivalent
to Exhibit B. I xcept as stated in §H,I.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.
e. CPW, at its discretion and upon written notice to the County and DEN '. shall
has e the option to extend the performance under this !GA for a period not to
exceed two months if the Parties are negotiating a replacement ICA at or near
the end of the initial term or renewal term. The provisions of this IGA in
effect when such notice is given, including, but not limited to prices, rates,
and delivery requirements, shall remain in effect during the two-month
extension I he two month extension shall itnnediately terminate when and if
a replacement IGA is approved and signed by the Colorado State Controller.
REMEDIES
If any Party fails to perform as required under this ICiA. 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 dale by
when such action or actions need to occur. lithe non-performing Party tails to cure the non-
performance, the other Party or Parties may avail Themselves of remedies ayailable by law.
Page 7 or 13
17-FIRE-94576 ('I PMAA 3017'250
J. DISPC1 E RESOLUTION
In the event of disputes concerning performance hereunder or otherwise related to this IGA, the
Parties shall attempt to resolve them at the lowest staff lel el practicable. If this fails,disputes
shall be referred to senior departmental management staff designated by each Party. It this fails,
the Director of CPR, the Director of DEPC, the Sheriff. and a representative 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 be hand delivered with receipt required or sent by
certified or registered mail to such Party's principal representative at the address set forth below.
in addition to, but not in lieu of a hard-copy notice- notice shall be sent by e-mail to the e-mail
addresses, if any. set forth below. Either Party may from time to time designate by written notice
substitute addresses or persons to whom such notices shall he sent. t'ales;otherwise provided
herein. all notices shall be effective upon receipt
CPR' DFPC
Matt Schub Director Mike Morgan
Division of Parks and Wildlife 690 Kipling Street. Suite 22000
6060 Broadway Lakewood, CO 80215
Dem er, CO 80216 303-239-5865
303-291-7152 \1ikc,Nlore,an a state.co.us
Matt.Schulzitotate.co.us
COUNTY SHERIFF
Board of County Commissioners of Pitkin Joe DiSalvo Sheriff
County Sherd f s Office
123 Emma Road, Suite 106 506 L. Main St Suite 204
Basalt,CO 81621 Aspen. CO 81611
970-920-5200 Phone 970-920-5300
Jon.Peacock yipitkincounty.com Joe di.ahon,pnkmsherif(cool
WITH A COPY TO:
Pitkin County Attorney's Office
123 Emma Road. Suite 204
Basalt, CO 81621
attorney 0 pitkincountv.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. All assignments, subcontracts. or
subcontractors apprmed by any Party are subject to all of the pan isions hereof
2. Binding Effect
Page 8 of 13
17-IIRC-94570 C r PMMA 2017"405
Ali provisions herein contained, including the benefits and burdens- shall extend to
and be binding upon the Parties' respective heirs. legal representatives,successors,
and assigns.
3 Captions
The captions and headings in this IGA are for consenienee of reference only. and
shall not be used to interpret-define,or limit its provisions.
4. CORA Disclosure
Co the extent not prohibited by federal lass- this IGA 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, CRS §24.72-200.1, el seq.
5. Counterparts
This IGA may be 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 be filed and proceedings held in the State
of Colorado and exclusis c Benue shall he in Colorado.
7 Entire Understanding
this IGA represents the complete integration of all understandings related to CRS
§24-33.5-1221 between the Parties and all prior representations and understandings.
oral or written, are merged herein. Prior or contemporaneous additions,deletions, or
other changes hereto shall not have an} force or effect w hatsoes er. unless embodied
herein.
8. Modifications
i. By the Parties
Except as specifically pros ided in this 1GA. modifications of this (GA shall not be
effective unless agreed to in writing by the Parties in an amendment to this IGA.
properly executed and appals ed in accordance with applicable Colorado State
law, State Fiscal Rules. Modifications permitted under this [GA. other than
contract amendtnents, shall conform ss ith the Policies of the Office of the State
Controller, including. but not limited to, the policy entitled 8101 (E ICA DONS
Of ('ON FRACCS - TOOT S AND FORMS,
ii. By Operation of Law
This IGA is suhiect to such modifications as ma) he required by changes in
Federal or Colorado State lass, or their implementing regulations. Any such
required modification shall automatica6} he incorporated into and he part of this
IGA on the eflectis e date of such change, as if full) set forth herein
9. Order of Precedence
The pros inions of this IGA shall govern the relationship of the Parties. In the es ent of
conflicts or inconsistencies between this IGA and its exhibits and attachments, such
conflicts or inconsistencies shall be rooked by reference to the documents in the
following order of priority:
i. The Colorado Special Provisions
ii. The prosisions of the main hods of the 1(iA
iii. Exhibit A (Reimbursement Request)
iv. Exhibit B (Sample Option Letter)
Page 9 or 13
I7 IRE-94576 CT P61.1A 2611`2505
10. Severability
Provided this IGA can be executed and performance of the obligations of the Parties
accomplished within its intent, the pros isions hereof are severable and any provision
that is declared invalid ar becomes inoperable for any reason shall not affect the
validity of any other provision hereof,provided that the Parties can continue to
perform their obligations under this IGA in accordance with its intent.
i Survival of Certain IGA Terms
Notwithstanding anything herein to the contrary, provisions of this IGA requiring
continued performance, compliance, or effect after termination hereof, shall survive
such termination and shall he enforceable if any Party fails to perform or comply as
required
12. Taxes
fhe State is exempt from all Federal excise taxes under IRC Chapter 32 (No. 84-
73012310 and from all State and local government sales and use taxes under CRS
'1%149416-101? and 201 et seq. Such exemptions apply when materials are purchased or
sen ices are rendered to benefit the State: provided how ever. that certain political
subdivisions (e.g.. City of Denver; may require payment of sales or use taxes even
though the product or service is pros ided to the State. The County shall be solely
liable for paying such taxes as the State is prohibited from paying or reimbursing the
County for such taxes.
13. Third Party Beneficiaries
Enforcement of this [GA and all rights and obligations hereunder are reserved solely
to the Parties. Any sen ices or benefits which third parties receive as a result of this
IGA are incidental to the !GA. and do not create any rights tier such third parties.
14. Waiver
Walser of any breach under a term. provision, or requirement of this IGA, or any
right or remedy hereunder, whether explicitly or by lack of enforcement. shall not he
construed or deemed as a waiver of any subsequent breach of such term. provision or
requirement, or of any other term. provision. or requirement
M. COLORADO SPECIAL PROVISIONS
Giese Special Provisions apply to all contracts except where noted in italics
1. CONTROLLER'S APPROVAL. CRS §24-30-202 (I).
This IGA shall not be valid until it has been approved by the Colorado State Controller or
designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after 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 IGA 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 t ort
Claims Act. 28 U.S.0 §§t34601 and 2671 et seq., as applicable now or hereafter
amended.
4. County shall perform its duties independently and not as an employee of the State.
Page i U of 13
174IRE-94590 CI PMAA 201712505
Neither County nor an) agent or employee of County shall be deemed to be an agent or
employee of the State. County and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the
Stale shall not pay for or otherwise provide such coverage for County or any of its agents
or employees Unemployment insurance benefits will he mailable to County and its
employees and agents only if such coverage is made available by County or a third part).
County shall pay when due al(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 undcrstandinc. except as
expressly set forth herein County shall (a) pros ide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by
law. (h) provide proof thereof when requested h7 the State. and ic) he 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 he applied in the
interpretation. execution, and entbrcement of this IGA. Any provision included or
incorporated herein in reference which conflicts with said laws, rules, and regulations
shall be null and sold. Any provision incorporated herein by reference which purports to
negate this or any other Special Pros Minn in whole or in part shall not he valid or
enforceable or available in am action at law. whether bs as 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 ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-judicial body or
person Any pros ision to the contrary in this IGA or incorporated herein by reference
shall he null and void.
8. SOFTWARE PIRACY PROHIBITION. Governors Executive Order J 002 (IU.
State or other public funds payable under this IGA shall not be used for the acquisition.
operation,or maintenance of computer software in iolation of federal copyright laws or
applicable licensing restrictions. County hereby certifies and warrants that, during the
term of this (GA and any extensions, County has and shall maintain in place appropriate
sy steins and controls to prevent such improper use of public tends. If the State
determines that County is ins iolation of this pros ision. the State may exercise any
remedy available at law or in equity or under this IG,1. 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 secs ice or property described in this IGA. County
has no interest and shall not acquire any interest, direct or indirect, that would conflict in
Paer 11 of 13
17-EIRE-94576 CT PMAA 2017*2505
any manner or degree with the perfonnance of County's sen ices and County shall not
employ any person having such known interests.
SPs Effective I/1/09
Page 12 of 13
17-FIRE-94576 CT PMAA 2017*2505
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS ICA
* Persons signing for County hereby swear and affirm that the 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
Statutory Violation wailer has been requested under Fiscal Rules
COUNTY STATE OF COLORADO
Pitkin County John W I hckenlooper,Uovernor
By George Newman I tor)Robert Randall, Esecutise Director
Title/3oard of County Commis oners,Chair Department of Natural Resources
Colorado Doi ion npf Parks and Wildlife
JJZP _ . . ems,— atur
*S 'nature Signature**
Ry
55Vn Qc. f1z'r- CPh/-- CFO
Date 6/0_ _ Date -� - n- (7 -
COUNTY SHERIFF STATE OF COLORADO
By Joe DiSalsu John W I lickenlooper,Cosemoi
Title- Sheriff (for) Mike Morgan, Director
e\ n Department of Public Safety,
Il ^e Di, f Fire Prese on and Control
*Signatu ',mature
Date L ( C( (� _ R) ikP j / F3(-7.J It
Date 7- r 7//-f 7
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts. This ICA is not valid until
signed and dated below by the State Controller or delegate. County is not authorized to begin 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 services provided hereunder.
SIA IL CONTROLLER
Robert Jaros,CP• ,MBA
Hy' i
•.ggie an Cleef, DNR Purchasing Director
Date /-2-1a,Z
Page 13 of 13