HomeMy WebLinkAboutbocc.res.150.2018 CONTRACT
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC")OF PITKIN COUNTY, # 3 C7_ G(�.
COLORADO AUTHORIZING,AN AGREEMENT
BETWEEN THE PITKIN COUNTY BOARD OF )
COUNTY COMMISSIONERS AND MOUNTAIN
RESCUE ASPEN FOR PROVISION OF SEARCH AND
RESCUE SERVICES
RESOLUTION NO. /50 ,2018
RECITALS:
I. Pursuant to Section 2.8.3 (Actions)of the Pitkin County Home Rule Charter
("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 Pitkin County Sheriff(Sheriff) has the statutory responsibility under Section
24- 32-2107 CRS to coordinate search and rescue operations within Pitkin County.
3. Mountain Rescue Aspen (MRA) is dedicated to providing backcountry education
and search and rescue missions within Pitkin County.
4. The Sheriff and MRA have a long relationship of working together for Search and
Rescue"SAR" missions within Pitkin County and entered into a Mutual Aid
Agreement in 2014.
5. Both Sheriff and MRA desire to continue to associate together for the provision of
Search and Rescue services within Pitkin County.
6. MRA does not charge for SAR operations, but, through this Agreement,the County
commits financial and in-kind support to MRA as follows:
a. $15,000.00 annually for maintenance and fleet services at an outside
facility;
b. $15,000.00 annually as a contribution toward MRA Liability
insurance;
c. $5,000.00 in fuel from the Pitkin County Public Works Facility;
d. $2,500 annual reimbursement for lost or damaged MRA owned
equipment; and
e. Approximately$2,500.00 in workers compensation coverage for
MRA personnel.
7. 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 Agreement between the Pitkin County
Board of County Commissioners and Mountain Rescue Aspen for Provision of Search and
Rescue Services and authorizes the Chair 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.
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INTRODUCED AND FIRST READ ON THE 7A DAY OF damkr , 2018
AND AT FOR SECOND READING AND PUBLIC HEARING ON THE_&111 DAY
OF ll.0 timber 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY O 'LHE
RES UTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE t4 DAY
OF , 2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTEDN THE OFFIC PITKIN COUNTY WEBSITE(www.pitkincounty.com )
ON THE a DAY OF '- r 2018.
GL
ADOPTE9.-jetFTER FINAL READING AND PUBLIC HEARING ON THE j�
DAY OF llp.l7J>r)ur 2018.
PUBLISHED BY TITLE AND SHORT SUMMARY, ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE Iii-7'J` DAY OF Y, 2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OEFIC.*L PITKIN COUNTY
WEBSITE (wwwj2itkincounty.com ) ON THE '0 _DAY OF Lir 4e44aer 2018.
A . T: BOARD OF COUNTY COMMISSIONERS
/
BY.,-i �I . /Alik By:
lea tie Jones ,I Patti Clapper, Chair
De., ty County Clerk
Date: I t-21--?p16
APPRt PAS TO FORM: MANAGER APPROVAL
4ll‘
1 j Ma
dph rE#y, OM my Attorney Jon P ock,County Ma ger
Rdlank 9. NenLTEC
Attachment B
PE T h I N CONTRACT
+ COUNTi # 2
•
PITKIN COUNTY AGREEMENT FOR SERVICES
BETWEEN PITKIN COUNTY AND MOUNTAIN RESCUE ASPEN
THIS AGREEMENT FOR SERVICES ("Agreement") is made January 10, 2018 by and
between the Board of County Commissioners of Pitkin County, Colorado, whose legal address is
530 East Main St., Suite 302, Aspen, Colorado 81611, (hereinafter the "County") and Mountain
Rescue, Aspen, Incorporated, a Colorado not-for-profit corporation, 37925 CO Hwy 82, Aspen,
CO 81611 (hereinafter"MRA")to perform the following Search and Rescue,and related activities,
as set forth herein:
I. Purpose
The elected Pitkin County Sheriff (the "Sheriff" or "Pitkin County Sheriff') has the
statutory responsibility pursuant to C.R.S. § 24-33.5-707(10) to coordinate search and
rescue operations within Pitkin County, Colorado; and MRA is a Colorado nonprofit
corporation dedicated to providing backcountry education and search and rescue services
within Pitkin County and throughout the State of Colorado. Pitkin County and MRA have
entered into this Agreement for the purpose of defining the parties' responsibilities with
respect to the provision of search and rescue ("SAR")services within Pitkin County
II. Term of Agreement
This Agreement shall extend for the period of twelve(12) months,beginning on January I,
2018, and continuing until December 31, 2018 and thereafter shall automatically renew on
January 1st of each calendar year for successive one(1)year periods for a maximum of ten
(10) years unless terminated prior to such date in accordance with Section VI below.
III. General Agreements
A. SAR Responsibility. The parties understand and agree that the Pitkin County Sheriff
has statutory responsibility for coordination of all SAR operations within Pitkin
County. MRA agrees it shall only conduct SAR operations in Pitkin County at the
request of, and in participation with, the Pitkin County Sheriff. However, nothing in
this paragraph shall be construed to prevent MRA Members or MRA Associates (as
defined below) from participating in out-of-county SAR operations as described in
Section IV, Paragraph H, Mutual Aid Requests, of this Agreement.
B. MRA Operational Area. MRA and Pitkin County agree that MRA's SAR
responsibilities under this Agreement are limited to the backcountry areas of Pitkin
County,except as provided in Section IV, Paragraph H. Backcountry areas of Pitkin
County are areas that are not reasonably accessible by paved roads and/or accessible
by means of road based ambulance service. Backcountry shall not include the in-
bounds area of any ski area during its operational hours; provided, however, that the
Sheriff may request that MRA provide SAR operation or assistance in non-SAR
capacity (i.e.: flood, fire,evacuation), or otherwise participate in such other areas and
activities as the Sheriff and MRA may agree to on a case by case basis.
C. MRA Members. MRA Members (hereinafter referred to as "Members") are
individuals who have been designated as a member of MRA in accordance with its
bylaws and policies. Members have satisfactorily fulfilled MRA's requirements and
training necessary to qualify as a Member and have received an assigned MRA number.
Members are authorized by MRA to participate during SAR operations.
D. MRA Associates. MRA Associates (hereinafter referred to as "Associates") are not
Members but are individuals who may train or are otherwise familiar with MRA's SAR
practices. Associates are individuals MRA authorizes to aid in participation with MRA
SAR operations. An Associate may be deployed during a SAR operation at the
discretion of MRA. Once deployed, Associates shall be considered part of MRA and
an Authorized Volunteer, as defined below, and shall be entitled to the same benefits
under this Agreement as any regular Member.
E. Authorized Volunteers. Members and Associates shall be considered authorized
volunteers as defined by the Governmental Immunity Act,C.R.S.§§ 24-10-101,et seq.
and qualified volunteers as defined by the State of Colorado under C.R.S. §§ 24-32-
2201, a seq. (collectively, "Authorized Volunteers") when participating in any
declared SAR mission or training.
IV. MRA Responsibilities
A. MRA Roster. MRA agrees to maintain a roster of all Members and Associates that
accurately represents the current membership at all times. MRA shall provide the
Sheriff as well as the County Risk Management Department with electronic access to
its Roster for the purpose of providing insurance maintained by the County pursuant to
this Agreement covering MRA, its Members, and Associates.
B. MRA-County Meetings. To facilitate awareness of MRA activities,MRA agrees that
its President and such other Members as the President deems necessary,shall meet with
the Sheriff at least once annually. The County, the Sheriff, or MRA may request
additional meetings to further the purposes of this Agreement,to respond to an incident,
and/or to further facilitate awareness of MRA activities.
C. MRA Rescue Leader On-Call. A MRA Rescue Leader("RL")shall be on call by pager
and/or text messaging 24 hours a day,year round,to provide consulting and/or support
to the Sheriff in the event that it may be necessary to conduct a SAR operation. If it is
determined by the Sheriff that an official SAR incident will be declared ("SAR
Incident"or"Incident"), it shall be conducted as described herein. For the purposes of
this Agreement, any RL who assists the Sheriff prior to the official declaration of a
SAR Incident shall be entitled to all coverages afforded to a Member pursuant to this
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Agreement during a SAR Incident,beginning from the point where the RL is in contact
with a Sheriffs deputy.
D. Operational Expenses. Except as otherwise specified in this Agreement,MRA shall be
responsible for all of its operational and internal expenses. Neither the Sheriff nor
Pitkin County shall be responsible for any costs or expenditures incurred by MRA for
any SAR operations, training exercises or any other activities conducted by MRA
unless set forth in this Agreement,specified by applicable law or otherwise previously
agreed in writing.
E. MRA Vehicle Licensing and Insurance. MRA shall register all vehicles as required by
State law. Insurance coverage for any type for MRA owned automobile, snowmobiles,
all-terrain vehicles, motorcycles, boats or any other type of vehicle (such vehicles
collectively termed"MRA Vehicles) will be paid by MRA.
F. Incident Command System. Each SAR Incident shall be managed under the Incident
Command System ("ICS") wherein the Sheriff's deputy handling the initial call shall
declare a SAR Incident through the Pitkin County Regional Emergency Dispatch
Center and become the Incident Commander("IC')for the SAR Incident. Once MRA
is activated, a RL may assume the role of Operations Section Chief("OSC") for the
Incident at the direction of the Pitkin County Sheriffs Office Incident Commander.
The OSC shall be responsible for staffing and managing the Operations sections of the
Incident,subject to the provisions following in the next paragraph.
The OSC or other Members may also hold the role of Planning Section Chief("PSC")
and Logistics Section Chief("LSC") and be responsible for the appropriate Sections.
The OSC shall coordinate with the IC on logistics and finance/administrative issues.
In the event that(i) MRA's activation is in support of an Aspen Skiing Company's Ski
Patrol response,(ii)the Incident grows beyond the scale that can reasonably be handled
by MRA, or (iii) the Incident requires a much larger than normal organization to
resolve,after discussions with and upon direction of the IC, MRA will adjust its role in
the SAR Incident as appropriate to the scale and duration of the Incident relative to the
scope of MRA's capabilities. In any MRA involved Incident where a RL does not hold
the position of OSC, a RL may be appointed to the command staff as MRA Liaison,
and shall represent MRA interests and personnel therein.
G. Incident Authorization and Termination. The Sheriff's request for MRA SAR services
shall be the specific authorization for MRA's participation in an Incident. MRA's
authorization to participate in any Incident shall terminate when so directed by the
Sheriff, provided that such authorization shall continue through the time when all
Members and Associates used in the Incident have checked out of Incident. MRA
agrees that the Pitkin County Sheriff has the sole discretion to authorize or terminate
MRA participation in a SAR Incident and has the ultimate authority with respect to
limiting the number of individuals, MRA personnel or otherwise, participating in a
particular SAR Incident. MRA agrees to commence and terminate SAR operations for
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an Incident in a timely manner upon the request of the Sheriff; provided that, if the
Sheriff requests MRA's participation in a SAR Incident, after consultation with the
Sheriff, MRA shall have the right not to participate in an Incident if MRA reasonably
believes that participation in the SAR Incident would constitute an unreasonable risk
to the safety of its personnel or based upon any other reasonable belief. Pitkin County
agrees that, subject to the Pitkin County Sheriff's authority to authorize,terminate,and
limit operations for a particular SAR Incident,MRA shall have the authority to deploy,
use, and withdraw MRA personnel during a SAR Incident as it reasonably deems
appropriate. Any SAR operations undertaken by MRA or MRA personnel, including
Members and Associates, without the express authorization of the Pitkin County
Sheriff or any failure to terminate or limit MRA's participation in an SAR Incident
when directed to do so by the Pitkin County Sheriff shall constitute a material breach
of this Agreement and, upon such an occurrence, the protections and benefits of this
Agreement shall not extend to MRA or its personnel.
H. Mutual Aid Requests. The parties acknowledge and understand that,from time to time,
MRA may receive requests that it participate in a SAR operation outside of Pitkin
County from an agency or entity other than the Pitkin County Sheriff ("Mutual Aid
Requests"). MRA agrees that all such Mutual Aid Requests for MRA SAR assistance
located outside of Pitkin County are subject to the prior authorization of the Sheriff,as
set forth in Paragraph IV.G. of this Agreement. If the Sheriff authorizes MRA to
participate in a Mutual Aid Request located outside of Pitkin County,participation by
MRA personnel in SAR operations shall constitute a Sheriff authorized activity,
extending to such personnel the protection of all terms and conditions of this
Agreement, including the protections of being an Authorized Volunteer.
Nothing in this Agreement shall be construed to prevent any Member, Associate, or
other individual from participating in a SAR operation located outside of Pitkin County.
The protections and obligations afforded the named beneficiaries of this Agreement
shall not extend to any individual or entity,whether MRA or individuals affiliated with
MRA, participating in a Mutual Aid Request outside of Pitkin County or in a Mutual
Aid Request that is not Authorized by the Pitkin County Sheriff.
I. Outside Resources. MRA shall maintain a list of available resources from which MRA
may request assistance in order to safely and effectively participate in a given SAR
Incident ("Outside Resources"). Outside Resources may include fixed wing aircraft,
helicopters, dog teams, horses, and other resources that MRA considers qualified, and
with whom MRA may maintain a cooperative training or other relationship. In the
event that MRA believes that the use of Outside Resources would be beneficial to the
Incident, MRA shall first obtain approval from the designated Pitkin County Sheriff
representative prior to deployment of the Outside Resource. MRA may facilitate the
engagement of an Outside Resource during a SAR Incident, but the Pitkin County
Sheriff shall decide whether to utilize the Outside Resource, and MRA shall have no
financial responsibility or implied liability for mason of facilitating the engagement.
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I. Media Contact - SAR related. The Pitkin County Sheriff's Office shall authorize all
media releases that are related to anticipated,ongoing,or past SAR Incidents,including
social media (i.e.: Facebook, Twitter. Instagram and blogs), prior to publication by
MRA, its Members or Associates. The Pitkin County Sheriff's Office or the IC in
charge of on ongoing or just completed Incident will ask the RL acting as OSC or
another RL involved in the Incident to review the press release related to the Incident
prior to its release; provided that neither the Pitkin County Sheriffs Office nor the IC
shall be obligated to accept any changes suggested by any RL or Member.
K. Media Contact-Non-SAR related. MRA is a non-profit corporation with missions in
addition to,and outside of, its provision of SAR services to the Sheriff. These
additional missions include Backcountry safety education for the community as well
as maintaining independent,positive public relations. Therefore,this Agreement shall
in no way restrict MRA's contact with the media on matters not relating to a SAR
Incident.
V. Pitkin County Responsibilities
A. County Representative. The Pitkin County Sheriff will administer this Agreement as
the County's Representative. In the event that the Pitkin County Sheriff is not
available, the Pitkin County Undersheriff shall assume the County Representative's
duties.
B. Workers' Compensation Insurance. The County agrees to provide workers'
compensation coverage for Members and Associates while participating in an
authorized SAR Incident, training,or other activities as directed and/or authorized by
the Sheriff and set forth in Paragraph IV.G of this Agreement. Training and other
activities that occur on MRA property are considered independent MRA activities and
do not require MRA to open an Incident with the Pitkin County Sheriff. Independent
MRA activities and trainings that take place on MRA property may be eligible to be
covered by County Workers' Compensation Insurance,so long as those activities and
trainings are directly related to MRA's SAR function. Pitkin County has the sole
discretion to determine whether a particular activity or training is eligible for coverage
under the County's Workers' Compensation Insurance, and such coverage shall not
be unreasonably withheld. The decision as to whether a particular training or activity
is entitled to coverage may be made retroactively by the County in consideration of
MRA's SAR function and the particular activity undertaken. In the event that Pitkin
County determines that coverage should be withheld, Pitkin County shall provide
MRA the reasons for denying coverage as well as the opportunity to meet with County
personnel to dispute such a determination. Any training and other activities that take
place in area of Pitkin County other than the MRA property require authorization from
the Pitkin County Sheriff as set forth in this Agreement. In order to be entitled to
County provided Workers' Compensation Insurance, Members and Associates
engaged in a SAR Incident shall be listed on the MRA roster as set forth in Paragraph
IV.A. MRA Roster.
c
C. Liability Insurance. The County agrees to provide $15,000.00 annually, on or before
March 15 of each year, towards MRA's Liability Insurance costs. MRA shall name
Pitkin County as an additional insured on any and all general liability policies that
cover MRA SAR operations in Pitkin County.
D. Fuel, Maintenance and Fleet Services. The County agrees to contribute $15,000.00
annually,on or before March 15 of each year, to MRA to support costs associated with
vehicle maintenance and fleet services at an outside facility. On an annual basis and
prior to MRA receiving the contribution for vehicle maintenance and service, Pitkin
County or MRA may request that Pitkin County Fleet Services perform vehicle
maintenance and service of MRA vehicles in lieu of MRA receiving a contribution
from Pitkin County for vehicle maintenance and service costs. Pitkin County,through
its Fleet Manager, shall have the sole discretion to determine whether Pitkin County
has the capacity to perform maintenance and service to MRA vehicles.
MRA may utilize the Pitkin County fuel facility for fueling any of its vehicles. Cost
for consumed fuel at the County facility will be considered an additional contribution
to MRA and is capped at an annual amount of$5,000.00 and is not considered part of
the annual contribution for vehicle maintenance and fleet service. In the event that
MRA fuel expenditures exceed $5,000.00, the County shall invoice MRA for the
excess,and MRA shall promptly remit payment.
MRA may utilized the Pitkin County wash-bay facility for the purpose of washing
MRA vehicles and equipment. During and after utilizing the Pitkin County wash-bay,
MRA shall maintain the facility in a clean and orderly condition as well as ensure that
MRA and MRA personnel clean up any dirt or debris deposited in or on the wash-bay
or on any wash-bay equipment to the standards set forth by the Pitkin County Meet
Manager. The Pitkin County Fleet Manager shall have the sole discretion as to
whether MRA is utilizing the wash-bay in accord with this Agreement and may
terminate MRA's privilege to utilize the wash-bay at any time, after providing MRA
with ten(10) days' notice and an opportunity to cure.
E. Radio/Radio Infrastructure. The County agrees to provide MRA with radios to access
the Pitkin County and State DTRS radio communications system for use by MRA
personnel during Sheriff authorized Incidents, SAR operations, trainings and other
activities. All radios and related equipment provided by the County to MRA pursuant
to this Agreement shall be of a manufacturer and model reasonably satisfactory to
MRA. Assigned radios are the property of Pitkin County and any expenses associated
with the use of the Pitkin County and State radio system will be paid by Pitkin County.
While using Pitkin County and State radio system, Members and Associates shall be
FCC compliant and operate within all applicable parameters of Pitkin County radio
use.
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If requested by MRA, the County shall provide MRA with up to fifty (50) 800 MHz
radios,along with bank and single chargers,batteries and associated radio accessories.
The initial radio distribution shall be forty-four (44) portable and six (6) mobile 800
MHz radios. The County shall be responsible for the programming, repair and
maintenance of all of MRA's radios received from Pitkin County. MRA shall assign
a representative member to liaison with the Pitkin County Communications staff to
keep Communications staff appraised of any performance and maintenance issue of
radios so appropriate repair time can be scheduled.The County will replace radios at
end-of-life based on the County 10-year replacement schedule and approved budget,
provided that if a radio is lost or damaged during an authorized Incident, the County
will replace the radio.
F. Paging. If requested by MRA, the County agrees to provide MRA with up to sixty
(60)alpha-numeric pagers. Assigned pagers are the property of Pitkin County and any
expenses associated with the use of the Pitkin County paging system will be paid by
the County. MRA agrees that the use of pagers will be limited to paging for Members
related to SAR Incidents or for the purpose of relaying information on Mutual Aid
Requests, trainings and other official team functions.The County will replace pagers
at end-of-life based on the County 10-year replacement schedule and approved budget.
The County will replace pagers lost or damaged during an authorized Incident.
G. Damage to MRA Gear and Equipment. The County shall reimburse MRA for lost or
damage to gear and equipment, excluding vehicles, occurring while deployed during
an Incident in the amount up to $2,500 annually, if not covered by a DOLA
reimbursement program. Gear and equipment eligible for reimbursement shall be
reported to the Pitkin County Sheriffs Office Operations Commander within 48 ho s
of the loss.
VI. Termination of Agreement
A. Termination for Convenience.Either party may terminate this Agreement upon ninety
(90)days prior written notice to the other party.
B. Termination for Breach. Either party may terminate this Agreement for breach of the
terms and conditions set forth herein thirty(30)days after providing written notice to
the other party of such breach if such breach: (i) has not been cured within 30 days;
(ii) is not reasonably capable of being cured within thirty days.
Specific performance shall not be a remedy for breach of this Agreement. A waiver of
any breach by the non-breaching party shall not constitute a waiver of any other rights,
duties or obligations contained in other terms of this Agreement and this Agreement,
in all other particulars, shall remain in full force and effect.
VII. Assiznability
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This Agreement is not assignable by either party.
VIII. Severability
In the event that any provision of this Agreement shall be held to be invalid or
unenforceable, the remaining provisions of this Agreement shall remain valid and binding
upon the parties hereto.
IX. Integration and Modification
This Agreement represents the entire and integrated agreement between the County and
MRA and supersedes all prior negotiations, representations, or agreements, either written
or oral. This Agreement may be amended only by written agreement signed by both the
County and MRA.
The County may,from time to time,request changes in the scope of services of MRA to be
performed hereunder or in the County's obligations under Section V hereof. Any such
changes which are mutually agreed between the County and MRA, shall be in writing and
upon execution shall become part of this Agreement.
X. Miscellaneous Provisions
A. Time. Time is of the essence in the performance of this Agreement. Whenever this
Agreement requires that a duty, responsibility or payment must be accomplished by a
time certain, failure to do so shall be considered a breach of this Agreement.
B. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue
is agreed to be exclusively in the courts of Pitkin County,Colorado.
C. Authority. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof.
D. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement,the substantially prevailing party shall be entitled to its
costs and reasonable attorney fees.
E. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropnations shall constitute only
currently budgeted expenditures of the County. The County's obligations under this
Agreement are subject to the County's annual right to budget and appropriate the sums
necessary to provide the services set forth herein. No provisions of the Agreement
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of the County. No provision of the Agreement shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or
S
other financial obligation of the County within the meaning of any constitutional or
statutory debt limitation. This Agreement shall not directly or indirectly obligate the
County to make any payments beyond those appropriated for the County's then
current fiscal year. No provisions of this Agreement shall be construed to pledge or
create a lien on any class or source of the County's moneys, nor shall any provision
of this Agreement restrict the future issuance of the County's bonds or any obligations
payable from any class or source of the County's money.
F. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified regular mail,postage
pre-paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set
forth below. Each party by notice sent under this paragraph may change the address
to which future notices should be sent. Electronic delivery of notices shall be
considered delivered upon receipt of confirmation of delivery on the pan of the
sender.
To: Pitkin County With copies to:
Jon Peacock, County Manager Pitkin County Attorney's Office
530 East Main St., Suite 302 530 East Main St.,Suite 301
Aspen,Colorado 81611 Aspen,Colorado 81611
Email: jon.peacockrapitkincounty.com Email: Attomey@pitkincounty.com
To: Mountain Rescue Aspen With Copies to:
Attn: President Cavanaugh O'Leary
37925 CO Hwy 82 1500 Silver King Drive
Aspen,CO 81611 Aspen,CO 81611
Phone: (970)4104-3,i CO Phone: 970-379-8898
Email: president @mountainrescue.org Email:jcay.oleary@gmail.com
G. Governmental Immunity. The parties agree and understand that the County is
relying on and does not waive, by any provision of this Agreement, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence)
or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act. 24-10-101, et seq., C.R.S., as from time to time
amended, or otherwise available to the County or any of its officers, agents or
employees. Further, nothing in this Agreement shall be construed or interpreted to
require or provide for indemnification of MRA by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other
misconduct of the County or its agent or employees.
H. No Third Party Beneficiaries. This Agreement is made and intended only to benefit
the individuals and entities specifically identified and named in this Agreement and
is not intended to create or provide any benefit, obligation, or cause of action,
whether direct or indirect, to any other third party.
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I. No Waiver. The waiver by any party to this Agreement of any term or condition of
this Agreement shall not operate or be construed as a waiver of any subsequent breach
by any party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out
herein above.
MOUNTAIN RESCUE,ASPEN,INCORPORATED
Signature Date
Justin Hood President
PITKIN COUNTY, COLORADO
BOARD OF
COUNTY COMMISSIONERS OF PITIQN COUNTY,COLORADO
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Chair Date
MANAGER APPROVAL:
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Jon Pea k Date
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