HomeMy WebLinkAboutbocc.con.126.22 - BOCC Contract No. 126-2022
Attached
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO AMENDING RESOLUTION NO. 150-2018
AUTHORIZING AN AMENDED AGREEMENT
BETWEEN THE PITKIN COUNTY COMMISSIONERS
AND MOUNTAIN RESCUE ASPEN FOR PROVISION
OF SEARCH AND RESCUE SERVICES
RESOLUTION NO. 021-2022
RECITALS
WHEREAS, 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, and;
WHEREAS, The Pitkin County Sheriff("Sheriff')has the statutory responsibility under
Section 24-32-2107 C.R.S. to coordinate search and rescue operations with Pitkin County,
and;
WHEREAS, Mountain Rescue Aspen("MRA") s dedicated to providing backcountry
education and search and rescue missions with Pitkin County, and;
WHEREAS, 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 2018 pursuant to Resolution No. 150.2018.
WHEREAS, Both Sheriff and MRA desire to continue to associate together for the
provision of Search and Rescue services with Pitkin County.
WHEREAS, MRA does not charge for SAR operations,but through this amended
Agreement, the County commits financial and in-kind support to MRA as follows:
• $30,000 in financial support for MRA operations is included annually
• Up to $2,500 in reimbursement for damaged/lost MRA equipment
• Up to $5,000 in fuel for MRA vehicles
• Workers' Compensation Insurance coverage for the approximately 50
MRA members while on SAR missions or other authorized activities (i.e.:
training) is provided at an approximate annual cost of$27,500
• Providing, programing and maintaining fifty(50) 800 MHz radios, along with
bank and single chargers, batteries and associated radio accessories (total
estimated cost is $60,000 with replacements scheduled every 7 years for the
current equipment purchased in 2017)
WHEREAS, The BOCC finds that it is in thelbest 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 approves a Resolution Amending Resolution No.
150-2018 Authorizing an Amended Agreement between the Pitkin 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 23RD DAY OF FEBRUARY, 2022 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE 9TH DAY OF
MARCH 2022.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 24TH DAY
OF FEBRUARY, 2022.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)
ON THE 24TH DAY OF FEBRUARY 2022.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 9TH DAY
OF MARCH 2022.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 10TH DAY OF MARCH 2022.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 17TH DAY OF MARCH, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By itxtia By: Pte Ova'
Julia Ely Patti Clapper, Chair
Deputy County Clerk
Mar-17-2022
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
(Aura Aul ar P6itis A& 4{tct,
Laura Maker, Asst. County Attorney Phylis Mattice for Jon Peacock, County
Manager
Form Revised 01-01-2022
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Contract No. 126-2022
Agreement#126-2022
Budget Line Item#
41)iTKIN
COUNT11
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AGREEMENT BETWEEN THE PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS AND MOUNTAIN RESCUE ASPEN FOR PROVISION OF
SEARCH AND RESCUE SERVICES
THIS AGREEMENT FOR SERVICES ("Agreement")is made Mar-28-2022 , 2022
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, Inc. 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 1,
2022, and continuing until December 31, 2022 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
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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 the 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, et 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. la A shall provide the
Sheriff as well as the County Risk Management Department • 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 twice annually, once in the spring and once in the fall. 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 radio,
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
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this Agreement, an "incident" is declared beginning from the point where the RL is in
contact with a Sheriff's deputy.
D. Operational Expenses. Except as otherwise specified in this agreement, 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 Sheriffs 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 reason of facilitating the engagement.
J. Media Contact - SAR related. The Pitkin County Sheriffs Office shall authorize all
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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, at their own cost, agrees to procure
and maintain workers' compensation coverage for Members and Associates while
participating in a SAR Incident, training, or other activities that
support MRA responsibilities and objectives. 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.
Pitkin County's Risk Management department will be responsible for all claims
reporting for MRA and will provide claims oversight and assistance as needed
to MRA members. Tracking,trending and review claims data will be provided at least
on an annual basis to MRA by Pitkin County's Risk Management
department. MRA agrees to collaborate as needed with Pitkin County's Risk
Management department to compile any documentation needed to renew workers'
compensation insurance annually.
C. Liability Insurance. The County agrees to provide $15,000.00 annually, on or before
March 15 of each year„ 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 and
evidence of this coverage, including the Additional Insured endorsement, shall be
provided to Pitkin County's Risk Management department annually upon renewal of
such coverage. Pitkin County's Risk Management department will provide insurance
renewal assistance, as needed, to MRA personnel for insurances other than workers'
compensation insurance.
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D. Fuel, Maintenance and Fleet Services. The County agrees to contribute $15,000.00
annually, on or before March 15 each year„ on or before March 15 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 Fleet
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.
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.
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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. 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 authorized Incident in the amount up to $2,500 annually, if not covered by DOLA
reimbursement program. Gear and equipment eligible for reimbursement shall be
reported to the Pitkin County Sheriff's Office Chief Deputy of Operations within 48
hours of the loss. , provided that if a radio is lost or damaged during an authorized
Incident,the County will replace the radio.
F. 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 authorized Incident in the amount up to $2,500 annually, if not covered by DOLA
reimbursement program. Gear and equipment eligible for reimbursement shall be
reported to the Pitkin County Sheriff's Office Chief Deputy of Operations within 48
hours 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. Assignability
This Agreement is not assignable by either party.
VIII. Severability
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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 appropriations 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
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
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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 part of the
sender.
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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.peacock@pitkincounty.com Email: Attorney@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) 306-9009 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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out
herein above.
Mar-28-2022
Signature Date
Jordan white
president@mountainrescueaspen.org President
PITKIN COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
e41i Cbtfri Mar-17-2022
Chair Date
MANAGER APPROVAL:
KAP M,a#hu, Mar-11-2022
Phylis Mattice, Deputy Pitkin County Manager Date
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