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HomeMy WebLinkAboutresolution.council.135-22RESOLUTION #135 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ASPEN AND THE MEMBERS OF THE ROARING FORK WILDFIRE COLLABORATIVE. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID `MOU' ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Memorandum of Understanding between the City of Aspen and the members of The Roaring Fork Valley Wildfire Collaborative, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Memorandum of Understanding between the City of Aspen and the members of The Roaring Fork Valley Wildfire Collaborative, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 291 day of November 2022. I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, November 29, 2022. Lj-�-A Nicole Hen ing, City Clerk DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D s USDA, Forest Service OMB 0596-0217 FS-1500-15 FS Agreement No. 23-MU-11021500-004 Cooperator Agreement No. MEMORANDUM OF UNDERSTANDING Between PITKIN COUNTY AND EAGLE COUNTY AND GARFIELD COUNTY AND GUNNISON COUNTY AND THE CITY OF ASPEN AND THE TOWN OF SNOWMASS VILLAGE AND THE TOWN OF BASALT AND THE TOWN OF CARBONDALE AND THE CITY OF GLENWOOD SPRINGS AND THE TOWN OF MARBLE AND ASPEN FIRE PROTECTION DISTRICT AND ROARING FORK FIRE RESCUE AUTHORITY AND CARBONDALE AND RURAL FIRE PROTECTION DISTRICT AND GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT AND COLORADO STATE FOREST SERVICE AND COLORADO PARKS AND WILDLIFE AND USDI, BUREAU OF LAND MANAGEMENT, COLORADO RIVER VALLEY FIELD OFFICE, UPPER COLORADO RIVER DISTRICT And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST, ASPEN-SOPRIS RANGER DISTRICT Page 1 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D USDA, Forest Service OMB 0596-0217 FS-1500-15 This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between Pitkin County, Eagle County, Garfield County, Gunnison County, The City of Aspen, The Town of Snowmass Village, The Town of Basalt, The Town of Carbondale, The City of Glenwood Springs, Aspen Fire Protection District, Roaring Fork Fire Rescue Authority, Carbondale and Rural Fire Protection District, Glenwood Springs Rural Fire Protection District, Colorado State Forest Service, Colorado Parks and Wildlife, and The Bureau of Land Management Colorado River Field Office, hereinafter referred to as "Parties, Members, or Cooperators," and the United States Department of Agriculture (USDA), Forest Service, White River National Forest, Aspen-Sopris Ranger District, hereinafter referred to as the "U.S. Forest Service." Background: The Roaring Fork Valley Wildfire Collaborative works to empower all people to take action to reduce risk in their communities to protect people, property, and places from wildfire loss. The Parties recognize, accept, and respect the differences in missions, goals, and objectives of each other. However, wildfire does not recognize or respect jurisdictional boundaries. The Parties therefore will work collaboratively and in a coordinated fashion to achieve the shared goals and objectives of the MOU. Title: Roaring Fork Valley Wildfire Collaborative I. PURPOSE: The purpose of this MOU is to document the cooperation between the parties to establish the Collaborative as an informal, unincorporated collaborative organization, in which the members set mutual goals and priorities, utilize existing forest management tools and legal authorities, and align their decisions on where to make the investments needed to achieve the mission and objectives set forth for the Roaring Fork Valley Wildfire Collaborative and in accordance with the following provisions. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The Roaring Fork Valley Wildfire Collaborative works to reduce wildfire risk by identifying, prioritizing, and implementing strategic cross -boundary plans and projects aimed at creating fire resilient landscapes and fire -adapted communities while focusing on community engagement, education, and inclusion. In entering into this MOU, the Cooperators and the U.S. Forest Service recognize that the parties share certain common interests and goals, which include the following: Meaningful and ongoing engagement of stakeholders located in the forest and downstream in the development of strategies to achieve the outcomes and foster support for the implementation of those strategies. A regional network of resilient forests that are better able to absorb and recover from current and future stressors and disturbances. A collaboratively developed and supported fire management strategy Page 2 of 30 DocuSign Envelope ID: 61 F43081 -EC9A-4EE6-B084-3D8820FFE53D [U�5 USDA, Forest Service OMB 0596-0217 FS-1500-15 (wildland and prescribed) so that wildfires are safely and effectively extinguished when and where needed, but also in the right circumstances, permits wildland fire to be more flexibly managed in order to reduce future risks to life, property, and wildlife habitat. Resilient landscapes that support water quality and quantity needs, habitat for robust and healthy flora and fauna, livestock grazing, as well as recreation opportunities for residents and visitors to enjoy now and in the future. Active management to enhance forest health and reduce wildfire risk based on the best available data and contemporary science to inform the development and application of on -the -ground activities including landscape scale and cross boundary projects where needed. This includes the use of the best available climate science that will help stakeholders understand how a changing climate will impact our landscapes and ecosystems, while also looking for opportunities to improve understanding through local research. Promoting the personal responsibility of residents who live in wildfire risk areas to prepare as follows: homes are built or improved to best resist wildfire, defensible space around homes is created and maintained, insurance policies are regularly updated, emergency alerts are receivable and acted upon, evacuation plans are learned and understood, community mitigation initiatives are engaged in and are sought To accomplish the above goals, each party commits to: ■ Work within their own statutory and regulatory authorities, including planning and decision -making requirements where applicable. • Collaborate and coordinate to implement this MOU to achieve the mission and objectives expressed herein. In consideration of the above premises, the parties agree as follows: III.THE COOPERATORS SHALL: A. Provide a liaison to link the parties of this MOU together. B. Coordinate with the U.S. Forest Service, non-profit organizations, for -profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. IV. THE COOPERATORS SHALL: (For Non -Profits and Non -Governmental Organizations Only) A. Provide a liaison to link the parties of this MOU together. Page 3 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D F5USDA, Forest Service OMB 0596-0217 FS-1500-15 B. Coordinate with the U.S. Forest Service, non-profit organizations, for -profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. C. ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE ENTITIES. This agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112-74, Division E, Section 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by entering into this agreement Cooperators acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the agreement, unless a suspending and debarring official of the USDA has considered suspension or debarment is not necessary to protect the interests of the Government. If Cooperators fails to comply with these provisions, the U.S. Forest Service will annul this agreement and may recover any funds Cooperators has expended in violation of sections 433 and 434. V. THE U.S. FOREST SERVICE SHALL: A. Provide a liaison to link the parties of this MOU together. B. Ensure that all planning and site -based data collection activities comply with forest plans, National Environmental Policy Act (NEPA) documents, and all applicable laws and regulations. C. Coordinate with the Parties to this MOU, non-profit organizations, for -profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. D. Execute necessary instrument(s) to allow Cooperator(s) to complete mutually agreed to activities and projects on National Forest System lands, which includes but is not limited to, providing Cooperator(s) and its agents access to federal lands to perform project implementation, maintenance, and monitoring activities at project sites. E. Following completion of project implementation and the achievement of all required performance standards for given sites, act as the long-term steward of project sites, conducting any required maintenance. Page 4 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D ES, USDA, Forest Service OMB 0596-0217 FS-1500-15 VI. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. The Parties recognize, accept, and respect the differences in missions, goals, and objectives of each other. However, wildfire does not recognize or respect jurisdictional boundaries. The Parties therefore agree to work collaboratively and in a coordinated fashion to achieve the mission and objectives sought and described in this MOU. B. The Parties acknowledge that any Party to this MOU may participate in local activities or implement decisions related to forestry management as part of their site -specific obligations, responsibilities, and authorities. This MOU is not meant to supplant any Parry's discretionary authority to make decisions about forest management or wildfire response associated with their individual jurisdictions. C. This MOU is non -binding and does not obligate any funds of the Parties. As funding and resources are available and authorized (as determined in each Party's sole discretion), the Parties will provide technical, human, and/or financial support to the Partnership under an appropriate authority, as applicable, and by separate instrument(s). D. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Princi al Cooperator Contacts: Pitkin County Program Contact Pitkin County Administrative Contact Valerie MacDonald Valerie MacDonald 530 Main Street 530 Main Street Aspen, CO 81611 Aspen, CO 81611 Telephone: 970-379-6748 Telephone: 970-379-6748 Email: Email: valerie.macdonald@pitkinsheriff.com valerie.macdonald@pitkinsheriff.com Eagle County Program Contact Eagle County Administrative Contact Eric Lovgren Anna Earl PO Box 850 PO Box 850 Eagle, CO 81631 Eagle, CO 81631 Telephone: 970-471-2288 Telephone: 970-328-3514 Email: eric.lovgren@eaglecounty.us Email: anna.earl@eaglecounty.us Page 5 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D �+TS USDA, Forest Service OMB 0596-0217 FS-1500-15 Garfield County Program Contact Garfield County Administrative Contact Chris Bornholdt Chris Bornholdt 107 8th Street 107 8th Street Glenwood Springs, CO 81601 Glenwood Springs, CO 81601 Telephone: 970-945-0453 x 1012 Telephone: 970-945-0453 x 1012 Email: cbornholdt@garcosheriff.com Email: cbornholdt@garcosheriffcom Gunnison County Program Contact Gunnison County Admin. Contact Scott Morill Jonathan Houck 200 E. Virginia Ave 200 E. Virginia Ave Gunnison, CO 81230 Gunnison, CO 81230 Telephone: 970-275-1370 Telephone: 970-641-0248 Email: smorrill@gunnisoncounty.org Email: jhouck@gunnisoncounty.org City of Aspen Program Contact City of Aspen Administrative Contact John Spiess Teresa Hackbarth 585 Cemetery Lane 585 Cemetery Lane Aspen, CO 81611 Aspen, CO 81611 Telephone: 970-429-2028 Telephone: 970-429-2028 Email: john.spiess@aspen.gov Email: teresa.hackbarth@aspen.gov Town of Snowmass Village Program Contact Town of Snowmass Village Administrative Contact Greg LeBlanc Barb Peckler 130 Kearns Rd 130 Kearns Rd Snowmass Village, CO 81615 Snowmass Village, CO 81615 Telephone: 970-922-2275 Telephone: 970-923-3777 Email: gleblanc@tosv.com Email: bpeckler@tosv.com Page 6 of 30 DocuSign Envelope ID: 61 F43081-ECgA-4EE6-BO84-3D882OFFE53D 103 USDA, Forest Service OMB 0515 0-17 FS-1500-15 Town of Basalt Program Contact Town of Basalt Administrative Contact Ryan Mahoney Ryan Mahoney 101 Midland Avenue 101 Midland Avenue Basalt, CO 81621 Basalt, CO 81621 Telephone: 970-279-4378 Telephone: 970-279-4378 Email: ryan.mahoney@basalt.net Email: ryan.mahoney@basalt.net Town of Carbondale Program Contact Town of Carbondale Admin. Contact Kevin Schorzman 511 Colorado Avenue Carbondale, CO 81623 Telephone: 970-510-1217 Email:kschorzman@carbondaleco.net Lauren Gister 511 Colorado Avenue Carbondale, CO 81623 Telephone: 970-510-1217 Email: lgister@carbondaleco.net City of Glenwood Springs Program Contact City of Glenwood Springs Administrative Contact Jonathan Godes Mina Bolton 101 W 8th Street 101 W 8th Street Glenwood Springs, CO 81601 Glenwood Springs, CO 81601 Telephone: 970-384-6480 Telephone: 970-384-6436 Email: jonathan.godes@cogs.us Email: mina.bolton@cogs.us Town of Marble Program Contact Town of Marble Administrative Contact Ron Leach Ron Leach 322 West Park Street 322 West Park Street Marble, CO 81623 Marble, CO 81623 Telephone: 970-963-1938 Telephone: 970-963-1938 Email: leach@townofinarble.com Email: leach@townofinarble.com Page 7 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3DB820FFE53D is USDA, Forest Service OMB 0596-0217 FS-1500-15 Aspen Fire Protection District Program Contact Aspen Fire Protection District Administrative Contact Ali Hager Nikki Lapin Address: 420 E. Hopkins 420 E. Hopkins Aspen, CO 81611 Aspen, CO 81611 Telephone: 970-452-7489 Telephone: 970-925-5532 Email: ali.hager@aspenfire.com Email: nikki.lapin@aspenfire.com Roaring Fork Fire Rescue Authority Roaring Fork Fire Rescue Authority Program Contact Administrative Contact Scott Thompson 1089 JW Drive Carbondale, CO 81623 Telephone: 970-340-2031 Email: shompson@roaringforktire.org Jennifer Diamond 1089 JW Drive Carbondale, CO 81623 Telephone: 970-309-9119 Email.jdiamond@roaringforkflre.org Carbondale and Rural Fire Protection District Program Contact Carbondale and Rural Fire Protection District Administrative Contact Rob Goodwin Jenny Cutright 300 Meadowood Drive 300 Meadowood Drive Carbondale, CO 81623 Carbondale, CO 81623 Telephone: 970-963-2491 Telephone: 970-963-2491 Email: rgoodwin@carbondalefire.org Email: cutright@carbondalefire.org Glenwood Springs Rural Fire Protection District Contact Gary Tillotson 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-3 84-648 0 Email: gary.tillotson(acogs.us Glenwood Springs Rural Fire Protection District Administrative Contact Mina Bolton 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-3 84-6436 Email:mina.bolton@cogs.us Page 8 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-BO84-3D882OFFE53D fU�S USDA, Forest Service OMB 0596-0217 FS-1500-15 Colorado State Forest Service Program Contact Colorado State Forest Service Administrative Contact Kamie Long Scott Woods 3170 B % Road 9769 W 119th Drive, Suite 12 Grand Junction, CO 81503 Broomfield, CO 80021 Telephone: 970-248-7325 Telephone: 303-404-9057 Email: kamie.long@colostate.edu Email:scott.woods@colostate.edu Colorado Parks and Wildlife Program Contact Colorado Parks and Wildlife Administrative Contact Darren Chacon Darren Chacon 0088 Wildlife Way 0088 Wildlife Way Glenwood Springs, CO 81601 Glenwood Springs, CO 81601 Telephone: 970-948-3405 Telephone: 970-948-3405 Email: darren.chacon@state.co.us Email: darren.chacon@state.co.us Bureau of Land Management, Bureau of Land Management, Colorado Colorado River Valley Field Office River Valley Field Office Program Contact Administrative Contact Chad Sewell Larry Sandoval 2300 River Frontage Road 2300 River Frontage Road Silt, CO 81652 Silt, CO 81652 Telephone: 970-876-9030 Telephone: 970-876-9002 Email: csewell@blm.gov Email: landoval@blm.gov Princil2al U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact Kevin Warner, District Ranger 620 Main Street Carbondale, CO 91623 Telephone: 970-404-315 7 Email: kevin.warner@usda.gov Clark Woolley, Partnership Coordinator 900 Grand Avenue Glenwood Springs, CO Telephone: 970-948-9803 Email: clark.woolley@usda.gov U.S. Forest Service Administrative Contact Alex Specht, Grants Management Specialist 900 Grand Ave Glenwood Springs, CO 81601 Telephone: 605-515 -8812 Email: alex.specht@usda.gov Page 9 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D F$-USDA, Forest Service OMB 0596-0217 FS-1500-15 E. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or Cooperators is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the MOU. To Cooperators, at Cooperator's address shown in the MOU or such other address designated within the MOU. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. F. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the U.S. Forest Service or Cooperators from participating in similar activities with other public or private agencies, organizations, and individuals. G. ENDORSEMENT. Any of Cooperator's contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of Cooperators' products or activities. H. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to: agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then the applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. Page 10 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D USDA, Forest Service OMB 0596-0217 0FS Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory and regulatory authority. I. USE OF U.S. FOREST SERVICE INSIGNIA. In order for Cooperators to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications. A written request must be submitted and approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia. J. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. K. FREEDOM OF INFORMATION ACT OIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). L. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. M. TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. N. DEBARMENT AND SUSPENSION. Cooperators shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should Cooperators or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. O. MODIFICATIONS. Modifications within the scope of this MOU must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being Page 11 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D RS USDA, Forest Service OMB 0596-0217 FS-1500-15 performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. P. C'OMMENCEMENTIEXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through November 15, 2027 at which time it will expire. Q. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this MOU. In witness whereof, the parties hereto have executed this MOU as of the last date written below. Page 12 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D u�S USDA, Forest Service OMB 0596-0217 FS-1500-15 PATTI CLAPPER, BOCC Chair Piticin County, Colorado Page 13 of 30 Date DoduSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D USDA, Forest Service OMB 0596-0217 FS-1500-15 JEANNE MCQUEENEY, BOCC Chair Date Eagle County, Colorado Page 14 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-BO84-3D882OFFE53D USDA, Forest Service OMB 0501 _ FS-150500-15 CHRIS BORNHOLDT Emergency Operations Commander Garfield County, Colorado Page 15 of 30 Date DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D L+T3 USDA, Forest Service OMB 0596-0217 FS-1500-15 JONATHAN HOUCK, BOCC Chair Date Gunnison County, Colorado Page 16 of 30 DocuSign Envelope ID: 61F43081-ECgA-4EE6-BO84-3D882OFFE53D 0 USDA, Forest Service f?ocuSigned by: ara G, i� 20AsD21aEE19g2$.. SARA OTT, City Manager The City of Aspen, Colorado Page 17 of 30 OMB 0596-0217 FS-1500-15 12/1/2022 1 12:37:44 PM PST Date DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D s USDA, Forest Service OMB 0596.0217 FS-1500-15 CLINT KINNEY, Town Manager Date The Town of Snowmass Village, Colorado Page 18 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D USDA, Forest Service OMB 0596-0217 FS-1500-15 RYAN MAHONEY, Town Manager Date The Town of Basalt, Colorado Page 19 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D USDA, Forest Service OMB 0596-0217 LCUBS FS-1500-15 BEN BOHMFALK, Mayor The Town of Carbondale, Colorado Page 20 of 30 Date DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D [a: - USDA, Forest Service JONATHAN GODES, Mayor The City of Glenwood Springs, Colorado Page 21 of 30 OMB 0596-0217 FS-1500-15 Date DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D 1114 USDA, Forest Service OMB 0596-0217 FS-1500-15 RYAN VICIGUERRA, Mayor The Town of Marble, Colorado Page 22 of 30 Date DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D ?ii�►5i USDA, Forest Service RICK BALENTINE, Fire Chief Aspen Fire Protection District Page 23 of 30 OMB 0596-0217 FS-1500-15 Date DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D OMB 0596-0217 uf USDA, Forest Service FS-1500-15 SCOTT THOMPSON, Fire Chief Roaring Fork Fire Rescue Authority Page 24 of 30 Date DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D 1L�5 USDA, Forest Service OMB 05-15 FS-15 00015 ROB GOODWIN, Fire Chief Date Carbondale and Rural Fire Protection District Page 25 of 30 DocuSign Envelope ID: 61 F43081 -EC9A-4EE6-B084-3D8820FFE53D 11. i "'" L+T USDA, Forest Service OMB 0596-0217 FS-150045 GARY TILLOTSON, Fire Chief Date Glenwood Springs Rural Fire Protection District Page 26 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D S USDA, Forest Service OMB 0596-0217 FS-1500-15 DARREN CHACON Date Assistant Area Wildlife Manager Area 8 Colorado Parks and Wildlife Page 27 of 30 DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE53D [� USDA, Forest Service OMB 0596 0217 2+ FS-1500-15 RON COUSINEAU Northwest Colorado Area Manager Colorado State Forest Service Page 28 of 30 Date DocuSign Envelope ID: 61F43081-EC9A-4EE6-B084-3D8820FFE63D T� USDA, Forest Service OMB 055 FS-1500500-115 LARRY SANDOVAL, Field Manager Date Bureau of Land Management Colorado River Valley Field Office Page 29 of 30 DocuSign Envelope ID: 61 F43081-EC9A-4EE6-B084-3D8820FFE53D RuS!� USDA, Forest Service OMB 0596-0217 FS-1500-15 SCOTT G. FITZWILLIAMS, Forest Supervisor Date U.S. Forest Service, White River National Forest The authority and format of this agreement have been reviewed and approved for signature. AMAN DA MARR Digitally signed byAMANDA MARR Date: 2022.11.07 15:58:13-07'00' AMANDA MARR Date U.S. Forest Service, Grants Management Specialist Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliets, reprisal, or because all or part of an indivldual's Income Is derived from any public assistance. (Not all prohlblted bases apply to all programs.) Persons with disabilities who require altemative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2800 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 30 of 30 USDA, Forest Service OMB 0596-0217 FS-1500-15 FS Agreement No. 23-MU-11021500-004 Cooperator Agreement No. MEMORANDUM OF UNDERSTANDING Between PITKIN COUNTY AND EAGLE COUNTY AND GARFIELD COUNTY AND GUNNISON COUNTY AND THE CITY OF ASPEN AND THE TOWN OF SNOWMASS VILLAGE AND THE TOWN OF BASALT AND THE TOWN OF CARBONDALE AND THE CITY OF GLENWOOD SPRINGS AND THE TOWN OF MARBLE AND ASPEN FIRE PROTECTION DISTRICT AND ROARING FORK FIRE RESCUE AUTHORITY AND CARBONDALE AND RURAL FIRE PROTECTION DISTRICT AND GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT AND COLORADO STATE FOREST SERVICE AND COLORADO PARKS AND WILDLIFE AND USDI, BUREAU OF LAND MANAGEMENT, COLORADO RIVER VALLEY FIELD OFFICE, UPPER COLORADO RIVER DISTRICT And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST, ASPEN-SOPRIS RANGER DISTRICT Page 1 of 30 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 2 of 30 This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between Pitkin County, Eagle County, Garfield County, Gunnison County, The City of Aspen, The Town of Snowmass Village, The Town of Basalt, The Town of Carbondale, The City of Glenwood Springs, Aspen Fire Protection District, Roaring Fork Fire Rescue Authority, Carbondale and Rural Fire Protection District, Glenwood Springs Rural Fire Protection District, Colorado State Forest Service, Colorado Parks and Wildlife, and The Bureau of Land Management Colorado River Field Office, hereinafter referred to as “Parties, Members, or Cooperators,” and the United States Department of Agriculture (USDA), Forest Service, White River National Forest, Aspen-Sopris Ranger District, hereinafter referred to as the “U.S. Forest Service.” Background: The Roaring Fork Valley Wildfire Collaborative works to empower all people to take action to reduce risk in their communities to protect people, property, and places from wildfire loss. The Parties recognize, accept, and respect the differences in missions, goals, and objectives of each other. However, wildfire does not recognize or respect jurisdictional boundaries. The Parties therefore will work collaboratively and in a coordinated fashion to achieve the shared goals and objectives of the MOU. Title: Roaring Fork Valley Wildfire Collaborative I.PURPOSE: The purpose of this MOU is to document the cooperation between the parties to establish the Collaborative as an informal, unincorporated collaborative organization, in which the members set mutual goals and priorities, utilize existing forest management tools and legal authorities, and align their decisions on where to make the investments needed to achieve the mission and objectives set forth for the Roaring Fork Valley Wildfire Collaborative and in accordance with the following provisions. II.STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The Roaring Fork Valley Wildfire Collaborative works to reduce wildfire risk by identifying, prioritizing, and implementing strategic cross-boundary plans and projects aimed at creating fire resilient landscapes and fire-adapted communities while focusing on community engagement, education, and inclusion. In entering into this MOU, the Cooperators and the U.S. Forest Service recognize that the parties share certain common interests and goals, which include the following: •Meaningful and ongoing engagement of stakeholders located in the forest and downstream in the development of strategies to achieve the outcomes and foster support for the implementation of those strategies. •A regional network of resilient forests that are better able to absorb and recover from current and future stressors and disturbances. •A collaboratively developed and supported fire management strategy USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 3 of 30 (wildland and prescribed) so that wildfires are safely and effectively extinguished when and where needed, but also in the right circumstances, permits wildland fire to be more flexibly managed in order to reduce future risks to life, property, and wildlife habitat. •Resilient landscapes that support water quality and quantity needs, habitat for robust and healthy flora and fauna, livestock grazing, as well as recreation opportunities for residents and visitors to enjoy now and in the future. •Active management to enhance forest health and reduce wildfire risk based on the best available data and contemporary science to inform the development and application of on-the-ground activities including landscape scale and cross boundary projects where needed. This includes the use of the best available climate science that will help stakeholders understand how a changing climate will impact our landscapes and ecosystems, while also looking for opportunities to improve understanding through local research. •Promoting the personal responsibility of residents who live in wildfire risk areas to prepare as follows: homes are built or improved to best resist wildfire, defensible space around homes is created and maintained, insurance policies are regularly updated, emergency alerts are receivable and acted upon, evacuation plans are learned and understood, community mitigation initiatives are engaged in and are sought To accomplish the above goals, each party commits to: •Work within their own statutory and regulatory authorities, including planning and decision-making requirements where applicable. •Collaborate and coordinate to implement this MOU to achieve the mission and objectives expressed herein. In consideration of the above premises, the parties agree as follows: III. THE COOPERATORS SHALL: A.Provide a liaison to link the parties of this MOU together. B.Coordinate with the U.S. Forest Service, non-profit organizations, for-profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. IV. THE COOPERATORS SHALL: (For Non-Profits and Non-Governmental Organizations Only) A.Provide a liaison to link the parties of this MOU together. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 4 of 30 B.Coordinate with the U.S. Forest Service, non-profit organizations, for-profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. C.ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE ENTITIES. This agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112-74, Division E, Section 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by entering into this agreement Cooperators acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the agreement, unless a suspending and debarring official of the USDA has considered suspension or debarment is not necessary to protect the interests of the Government. If Cooperators fails to comply with these provisions, the U.S. Forest Service will annul this agreement and may recover any funds Cooperators has expended in violation of sections 433 and 434. V.THE U.S. FOREST SERVICE SHALL: A.Provide a liaison to link the parties of this MOU together. B.Ensure that all planning and site-based data collection activities comply with forest plans, National Environmental Policy Act (NEPA) documents, and all applicable laws and regulations. C.Coordinate with the Parties to this MOU, non-profit organizations, for-profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. D.Execute necessary instrument(s) to allow Cooperator(s) to complete mutually agreed to activities and projects on National Forest System lands, which includes but is not limited to, providing Cooperator(s) and its agents access to federal lands to perform project implementation, maintenance, and monitoring activities at project sites. E.Following completion of project implementation and the achievement of all required performance standards for given sites, act as the long-term steward of project sites, conducting any required maintenance. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 5 of 30 VI.IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A.The Parties recognize, accept, and respect the differences in missions, goals, and objectives of each other. However, wildfire does not recognize or respect jurisdictional boundaries. The Parties therefore agree to work collaboratively and in a coordinated fashion to achieve the mission and objectives sought and described in this MOU. B.The Parties acknowledge that any Party to this MOU may participate in local activities or implement decisions related to forestry management as part of their site-specific obligations, responsibilities, and authorities. This MOU is not meant to supplant any Party's discretionary authority to make decisions about forest management or wildfire response associated with their individual jurisdictions. C.This MOU is non-binding and does not obligate any funds of the Parties. As funding and resources are available and authorized (as determined in each Party’s sole discretion), the Parties will provide technical, human, and/or financial support to the Partnership under an appropriate authority, as applicable, and by separate instrument(s). D.PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Pitkin County Program Contact Pitkin County Administrative Contact Valerie MacDonald 530 Main Street Aspen, CO 81611 Telephone: 970-379-6748 Email: valerie.macdonald@pitkinsheriff.com Valerie MacDonald 530 Main Street Aspen, CO 81611 Telephone: 970-379-6748 Email: valerie.macdonald@pitkinsheriff.com Eagle County Program Contact Eagle County Administrative Contact Eric Lovgren PO Box 850 Eagle, CO 81631 Telephone: 970-471-2288 Email: eric.lovgren@eaglecounty.us Anna Earl PO Box 850 Eagle, CO 81631 Telephone: 970-328-3514 Email: anna.earl@eaglecounty.us USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 6 of 30 Garfield County Program Contact Garfield County Administrative Contact Chris Bornholdt 107 8th Street Glenwood Springs, CO 81601 Telephone: 970-945-0453 x 1012 Email: cbornholdt@garcosheriff.com Chris Bornholdt 107 8th Street Glenwood Springs, CO 81601 Telephone: 970-945-0453 x 1012 Email: cbornholdt@garcosheriff.com Gunnison County Program Contact Gunnison County Admin. Contact Scott Morill 200 E. Virginia Ave Gunnison, CO 81230 Telephone: 970-275-1370 Email: smorrill@gunnisoncounty.org Jonathan Houck 200 E. Virginia Ave Gunnison, CO 81230 Telephone: 970-641-0248 Email: jhouck@gunnisoncounty.org City of Aspen Program Contact City of Aspen Administrative Contact John Spiess 585 Cemetery Lane Aspen, CO 81611 Telephone: 970-429-2028 Email: john.spiess@aspen.gov Teresa Hackbarth 585 Cemetery Lane Aspen, CO 81611 Telephone: 970-429-2028 Email: teresa.hackbarth@aspen.gov Town of Snowmass Village Program Contact Town of Snowmass Village Administrative Contact Greg LeBlanc 130 Kearns Rd Snowmass Village, CO 81615 Telephone: 970-922-2275 Email: gleblanc@tosv.com Barb Peckler 130 Kearns Rd Snowmass Village, CO 81615 Telephone: 970-923-3777 Email: bpeckler@tosv.com USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 7 of 30 Town of Basalt Program Contact Town of Basalt Administrative Contact Ryan Mahoney 101 Midland Avenue Basalt, CO 81621 Telephone: 970-279-4378 Email: ryan.mahoney@basalt.net Ryan Mahoney 101 Midland Avenue Basalt, CO 81621 Telephone: 970-279-4378 Email: ryan.mahoney@basalt.net Town of Carbondale Program Contact Town of Carbondale Admin. Contact Kevin Schorzman 511 Colorado Avenue Carbondale, CO 81623 Telephone: 970-510-1217 Email:kschorzman@carbondaleco.net Lauren Gister 511 Colorado Avenue Carbondale, CO 81623 Telephone: 970-510-1217 Email: lgister@carbondaleco.net City of Glenwood Springs Program Contact City of Glenwood Springs Administrative Contact Jonathan Godes 101W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6480 Email: jonathan.godes@cogs.us Mina Bolton 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6436 Email: mina.bolton@cogs.us Town of Marble Program Contact Town of Marble Administrative Contact Ron Leach 322 West Park Street Marble, CO 81623 Telephone: 970-963-1938 Email: leach@townofmarble.com Ron Leach 322 West Park Street Marble, CO 81623 Telephone: 970-963-1938 Email: leach@townofmarble.com USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 8 of 30 Aspen Fire Protection District Program Contact Aspen Fire Protection District Administrative Contact Ali Hager Address: 420 E. Hopkins Aspen, CO 81611 Telephone: 970-452-7489 Email: ali.hager@aspenfire.com Nikki Lapin 420 E. Hopkins Aspen, CO 81611 Telephone: 970-925-5532 Email: nikki.lapin@aspenfire.com Roaring Fork Fire Rescue Authority Program Contact Roaring Fork Fire Rescue Authority Administrative Contact Scott Thompson 1089 JW Drive Carbondale, CO 81623 Telephone: 970-340-2031 Email: sthompson@roaringforkfire.org Jennifer Diamond 1089 JW Drive Carbondale, CO 81623 Telephone: 970-309-9119 Email:jdiamond@roaringforkfire.org Carbondale and Rural Fire Protection District Program Contact Carbondale and Rural Fire Protection District Administrative Contact Rob Goodwin 300 Meadowood Drive Carbondale, CO 81623 Telephone: 970-963-2491 Email: rgoodwin@carbondalefire.org Jenny Cutright 300 Meadowood Drive Carbondale, CO 81623 Telephone: 970-963-2491 Email: cutright@carbondalefire.org Glenwood Springs Rural Fire Protection District Contact Glenwood Springs Rural Fire Protection District Administrative Contact Gary Tillotson 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6480 Email: gary.tillotson@cogs.us Mina Bolton 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6436 Email:mina.bolton@cogs.us USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 9 of 30 Colorado State Forest Service Program Contact Colorado State Forest Service Administrative Contact Kamie Long 3170 B ½ Road Grand Junction, CO 81503 Telephone: 970-248-7325 Email: kamie.long@colostate.edu Scott Woods 9769 W 119th Drive, Suite 12 Broomfield, CO 80021 Telephone: 303-404-9057 Email:scott.woods@colostate.edu Colorado Parks and Wildlife Program Contact Colorado Parks and Wildlife Administrative Contact Darren Chacon 0088 Wildlife Way Glenwood Springs, CO 81601 Telephone: 970-948-3405 Email: darren.chacon@state.co.us Darren Chacon 0088 Wildlife Way Glenwood Springs, CO 81601 Telephone: 970-948-3405 Email: darren.chacon@state.co.us Bureau of Land Management, Colorado River Valley Field Office Program Contact Bureau of Land Management, Colorado River Valley Field Office Administrative Contact Chad Sewell 2300 River Frontage Road Silt, CO 81652 Telephone: 970-876-9030 Email: csewell@blm.gov Larry Sandoval 2300 River Frontage Road Silt, CO 81652 Telephone: 970-876-9002 Email: lsandoval@blm.gov Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Kevin Warner, District Ranger 620 Main Street Carbondale, CO 81623 Telephone: 970-404-3157 Email: kevin.warner@usda.gov Clark Woolley, Partnership Coordinator 900 Grand Avenue Glenwood Springs, CO Telephone: 970-948-9803 Email: clark.woolley@usda.gov Alex Specht, Grants Management Specialist 900 Grand Ave Glenwood Springs, CO 81601 Telephone: 605-515-8812 Email: alex.specht@usda.gov USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 10 of 30 E.NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or Cooperators is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the MOU. To Cooperators, at Cooperator’s address shown in the MOU or such other address designated within the MOU. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. F.PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the U.S. Forest Service or Cooperators from participating in similar activities with other public or private agencies, organizations, and individuals. G.ENDORSEMENT. Any of Cooperator’s contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of Cooperators’ products or activities. H.NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to: agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then the applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 11 of 30 Nothing in this MOU is intended to alter, limit, or expand the agencies’ statutory and regulatory authority. I.USE OF U.S. FOREST SERVICE INSIGNIA. In order for Cooperators to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service’s Office of Communications. A written request must be submitted and approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia. J.MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. K.FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). L.TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. M.TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. N.DEBARMENT AND SUSPENSION. Cooperators shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should Cooperators or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. O.MODIFICATIONS. Modifications within the scope of this MOU must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 12 of 30 performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. P.COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through November 15, 2027 at which time it will expire. Q.AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this MOU. In witness whereof, the parties hereto have executed this MOU as of the last date written below. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 13 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 14 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 17 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 18 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 21 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 24 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 26 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 28 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 29 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 30 of 30 SCOTT G. FITZWILLIAMS, Forest Supervisor Date U.S. Forest Service, White River National Forest The authority and format of this agreement have been reviewed and approved for signature. AMANDA MARR U.S. Forest Service,Grants Management Specialist Date Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, et TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. USDA, Forest Service OMB 0596-0217 FS-1500-15 FS Agreement No.23-MU-11021500-004 Cooperator Agreement No. MEMORANDUM OF UNDERSTANDING Between PITKIN COUNTY AND EAGLE COUNTY AND GARFIELD COUNTY AND GUNNISON COUNTY AND THE CITY OF ASPEN AND THE TOWN OF SNOWMASS VILLAGE AND THE TOWN OF BASALT AND THE TOWN OF CARBONDALE AND THE CITY OF GLENWOOD SPRINGS AND THE TOWN OF MARBLE AND ASPEN FIRE PROTECTION DISTRICT AND ROARING FORK FIRE RESCUE AUTHORITY AND CARBONDALE AND RURAL FIRE PROTECTION DISTRICT AND GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT AND COLORADO STATE FOREST SERVICE AND COLORADO PARKS AND WILDLIFE AND USDI, BUREAU OF LAND MANAGEMENT, COLORADO RIVER VALLEY FIELD OFFICE, UPPER COLORADO RIVER DISTRICT And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST, ASPEN-SOPRIS RANGER DISTRICT Page 1 of 3 USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 2 of 3 This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between Pitkin County, Eagle County, Garfield County, Gunnison County, The City of Aspen, The Town of Snowmass Village, The Town of Basalt, The Town of Carbondale, The City of Glenwood Springs, Aspen Fire Protection District, Roaring Fork Fire Rescue Authority, Carbondale and Rural Fire Protection District, Glenwood Springs Rural Fire Protection District, Colorado State Forest Service, Colorado Parks and Wildlife, and The Bureau of Land Management Colorado River Field Office, hereinafter referred to as Parties, Members, or Cooperators,and the United States Department of Agriculture (USDA), Forest Service, White River National Forest, Aspen-Sopris Ranger District, hereinafter referred to as the U.S. Forest Service. Background: The Roaring Fork Valley Wildfire Collaborative works to empower all people to take action to reduce risk in their communities to protect people, property, and places from wildfire loss. The Parties recognize, accept, and respect the differences in missions, goals, and objectives of each other. However, wildfire does not recognize or respect jurisdictional boundaries. The Parties therefore will work collaboratively and in a coordinated fashion to achieve the shared goals and objectives of the MOU. Title: Roaring Fork Valley Wildfire Collaborative I. PURPOSE:The purpose of this MOU is to document the cooperation between the parties to establish the Collaborative as an informal, unincorporated collaborative organization, in which the members set mutual goals and priorities, utilize existing forest management tools and legal authorities, and align their decisions on where to make the investments needed to achieve the mission and objectives set forth for the Roaring Fork Valley Wildfire Collaborative and in accordance with the following provisions. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The Roaring Fork Valley Wildfire Collaborative works to reduce wildfire risk by identifying, prioritizing, and implementing strategic cross-boundary plans and projects aimed at creating fire resilient landscapes and fire-adapted communities while focusing on community engagement, education, and inclusion. In entering into this MOU, the Cooperators and the U.S. Forest Service recognize that the parties share certain common interests and goals, which include the following: Meaningful and ongoing engagement of stakeholders located in the forest and downstream in the development of strategies to achieve the outcomes and foster support for the implementation of those strategies. A regional network of resilient forests that are better able to absorb and recover from current and future stressors and disturbances. A collaboratively developed and supported fire management strategy USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 3 of 3 (wildland and prescribed) so that wildfires are safely and effectively extinguished when and where needed, but also in the right circumstances, permits wildland fire to be more flexibly managed in order to reduce future risks to life, property, and wildlife habitat. Resilient landscapes that support water quality and quantity needs, habitat for robust and healthy flora and fauna, livestock grazing, as well as recreation opportunities for residents and visitors to enjoy now and in the future. Active management to enhance forest health and reduce wildfire risk based on the best available data and contemporary science to inform the development and application of on-the-ground activities including landscape scale and cross boundary projects where needed. This includes the use of the best available science that will help stakeholders understand how a changing climate will impact our landscapes and ecosystems, while also looking for opportunities to improve understanding through local research. Promoting the personal responsibility of residents who live in wildfire risk areas to prepare as follows: homes are built or improved to best resist wildfire, defensible space around homes is created and maintained, insurance policies are regularly updated, emergency alerts are receivable and acted upon, evacuation plans are learned and understood, community mitigation initiatives are engaged in and are sought To accomplish the above goals, each party commits to: Work within their own statutory and regulatory authorities, including planning and decision-making requirements where applicable. Collaborate and coordinate to implement this MOU to achieve the mission and objectives expressed herein. In consideration of the above premises, the parties agree as follows: III.THE COOPERATORS SHALL: A. Provide a liaison to link the parties of this MOU together. B. Coordinate with the U.S. Forest Service, non-profit organizations, for-profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. IV.THE COOPERATORS SHALL: (For Non-Profits and Non-Governmental Organizations Only) A. Provide a liaison to link the parties of this MOU together. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 4 of 3 B. Coordinate with the U.S. Forest Service, non-profit organizations, for-profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. C. ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE ENTITIES. This agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112-74, Division E, Section 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by entering into this agreement Cooperators acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the agreement, unless a suspending and debarring official of the USDA has considered suspension or debarment is not necessary to protect the interests of the Government. If Cooperators fails to comply with these provisions, the U.S. Forest Service will annul this agreement and may recover any funds Cooperators has expended in violation of sections 433 and 434. V. THE U.S. FOREST SERVICE SHALL: A. Provide a liaison to link the parties of this MOU together. B. Ensure that all planning and site-based data collection activities comply with forest plans, National Environmental Policy Act (NEPA) documents, and all applicable laws and regulations. C. Coordinate with the Parties to this MOU, non-profit organizations, for-profit organizations, institutions of higher education, federal, state, local, and Native American tribe governments, and individuals. D. Execute necessary instrument(s) to allow Cooperator(s) to complete mutually agreed to activities and projects on National Forest System lands, which includes but is not limited to, providing Cooperator(s) and its agents access to federal lands to perform project implementation, maintenance, and monitoring activities at project sites. E. Following completion of project implementation and the achievement of all required performance standards for given sites, act as the long-term steward of project sites, conducting any required maintenance. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 5 of 3 VI. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. The Parties recognize, accept, and respect the differences in missions, goals, and objectives of each other. However, wildfire does not recognize or respect jurisdictional boundaries. The Parties therefore agree to work collaboratively and in a coordinated fashion to achieve the mission and objectives sought and described in this MOU. B. The Parties acknowledge that any Party to this MOU may participate in local activities or implement decisions related to forestry management as part of their site-specific obligations, responsibilities, and authorities. This MOU is not meant to supplant any Party's discretionary authority to make decisions about forest management or wildfire response associated with their individual jurisdictions. C. This MOU is non-binding and does not obligate any funds of the Parties. As sole discretion), the Parties will provide technical, human, and/or financial support to the Partnership under an appropriate authority, as applicable, and by separate instrument(s). D. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Pitkin County Program Contact Pitkin County Administrative Contact Valerie MacDonald 530 Main Street Aspen, CO 81611 Telephone: 970-379-6748 Email: valerie.macdonald@pitkinsheriff.com Valerie MacDonald 530 Main Street Aspen, CO 81611 Telephone: 970-379-6748 Email: valerie.macdonald@pitkinsheriff.com Eagle County Program Contact Eagle County Administrative Contact Eric Lovgren PO Box 850 Eagle, CO 81631 Telephone: 970-471-2288 Email: eric.lovgren@eaglecounty.us Anna Earl PO Box 850 Eagle, CO 81631 Telephone: 970-328-3514 Email: anna.earl@eaglecounty.us USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 6 of 3 Garfield County Program Contact Garfield County Administrative Contact John Martin Garfield County Commissioner 108 8th Street, Suite 101 Glenwood Springs, CO 81601 Telephone: 970-309-2362 Email: jmartin@garfield-county.com Bently Henderson Deputy County Manager 108 8th Street, Suite 101 Glenwood Springs, CO 81601 Telephone: 970-456-8160 Email: bhenderson@garfield-county.com Gunnison County Program Contact Gunnison County Admin. Contact Scott Morill 200 E. Virginia Ave Gunnison, CO 81230 Telephone: 970-275-1370 Email: smorrill@gunnisoncounty.org Jonathan Houck 200 E. Virginia Ave Gunnison, CO 81230 Telephone: 970-641-0248 Email: jhouck@gunnisoncounty.org City of Aspen Program Contact City of Aspen Administrative Contact John Spiess 585 Cemetery Lane Aspen, CO 81611 Telephone: 970-429-2028 Email: john.spiess@aspen.gov Teresa Hackbarth 585 Cemetery Lane Aspen, CO 81611 Telephone: 970-429-2028 Email: teresa.hackbarth@aspen.gov Town of Snowmass Village Program Contact Town of Snowmass Village Administrative Contact Greg LeBlanc 130 Kearns Rd Snowmass Village, CO 81615 Telephone: 970-922-2275 Email: gleblanc@tosv.com Barb Peckler 130 Kearns Rd Snowmass Village, CO 81615 Telephone: 970-923-3777 Email: bpeckler@tosv.com USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 7 of 3 Town of Basalt Program Contact Town of Basalt Administrative Contact Ryan Mahoney 101 Midland Avenue Basalt, CO 81621 Telephone: 970-279-4378 Email: ryan.mahoney@basalt.net Ryan Mahoney 101 Midland Avenue Basalt, CO 81621 Telephone: 970-279-4378 Email: ryan.mahoney@basalt.net Town of Carbondale Program Contact Town of Carbondale Admin. Contact Kevin Schorzman 511 Colorado Avenue Carbondale, CO 81623 Telephone: 970-510-1217 Email:kschorzman@carbondaleco.net Lauren Gister 511 Colorado Avenue Carbondale, CO 81623 Telephone: 970-510-1217 Email: lgister@carbondaleco.net City of Glenwood Springs Program Contact City of Glenwood Springs Administrative Contact Jonathan Godes 101W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6480 Email: jonathan.godes@cogs.us Mina Bolton 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6436 Email: mina.bolton@cogs.us Town of Marble Program Contact Town of Marble Administrative Contact Ron Leach 322 West Park Street Marble, CO 81623 Telephone: 970-963-1938 Email: leach@townofmarble.com Ron Leach 322 West Park Street Marble, CO 81623 Telephone: 970-963-1938 Email: leach@townofmarble.com USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 8 of 3 Aspen Fire Protection District Program Contact Aspen Fire Protection District Administrative Contact Ali Hager Address: 420 E. Hopkins Aspen, CO 81611 Telephone: 970-452-7489 Email: ali.hager@aspenfire.com Nikki Lapin 420 E. Hopkins Aspen, CO 81611 Telephone: 970-925-5532 Email: nikki.lapin@aspenfire.com Roaring Fork Fire Rescue Authority Program Contact Roaring Fork Fire Rescue Authority Administrative Contact Scott Thompson 1089 JW Drive Carbondale, CO 81623 Telephone: 970-340-2031 Email: sthompson@roaringforkfire.org Jennifer Diamond 1089 JW Drive Carbondale, CO 81623 Telephone: 970-309-9119 Email:jdiamond@roaringforkfire.org Carbondale and Rural Fire Protection District Program Contact Carbondale and Rural Fire Protection District Administrative Contact Rob Goodwin 300 Meadowood Drive Carbondale, CO 81623 Telephone: 970-963-2491 Email: rgoodwin@carbondalefire.org Jenny Cutright 300 Meadowood Drive Carbondale, CO 81623 Telephone: 970-963-2491 Email: cutright@carbondalefire.org Glenwood Springs Rural Fire Protection District Contact Glenwood Springs Rural Fire Protection District Administrative Contact Gary Tillotson 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6480 Email: gary.tillotson@cogs.us Mina Bolton 101 W 8th Street Glenwood Springs, CO 81601 Telephone: 970-384-6436 Email:mina.bolton@cogs.us USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 9 of 3 Colorado State Forest Service Program Contact Colorado State Forest Service Administrative Contact Kamie Long 3170 B ½ Road Grand Junction, CO 81503 Telephone: 970-248-7325 Email: kamie.long@colostate.edu Scott Woods 9769 W 119th Drive, Suite 12 Broomfield, CO 80021 Telephone: 303-404-9057 Email:scott.woods@colostate.edu Colorado Parks and Wildlife Program Contact Colorado Parks and Wildlife Administrative Contact Darren Chacon 0088 Wildlife Way Glenwood Springs, CO 81601 Telephone: 970-948-3405 Email: darren.chacon@state.co.us Darren Chacon 0088 Wildlife Way Glenwood Springs, CO 81601 Telephone: 970-948-3405 Email: darren.chacon@state.co.us Bureau of Land Management, Colorado River Valley Field Office Program Contact Bureau of Land Management, Colorado River Valley Field Office Administrative Contact Chad Sewell 2300 River Frontage Road Silt, CO 81652 Telephone: 970-876-9030 Email: csewell@blm.gov Larry Sandoval 2300 River Frontage Road Silt, CO 81652 Telephone: 970-876-9002 Email: lsandoval@blm.gov Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Kevin Warner, District Ranger 620 Main Street Carbondale, CO 81623 Telephone: 970-404-3157 Email: kevin.warner@usda.gov Clark Woolley, Partnership Coordinator 900 Grand Avenue Glenwood Springs, CO Telephone: 970-948-9803 Email: clark.woolley@usda.gov Alex Specht, Grants Management Specialist 900 Grand Ave Glenwood Springs, CO 81601 Telephone: 605-515-8812 Email: alex.specht@usda.gov USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 10 of 3 E. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or Cooperators is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the MOU. To Cooperators, at Cooperator address shown in the MOU or such other address designated within the MOU. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. F. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the U.S. Forest Service or Cooperators from participating in similar activities with other public or private agencies, organizations, and individuals. G. ENDORSEMENT. Any of Cooperator contributions made under this MOU do not by direct reference or implication convey U.S. Forest Service endorsement of products or activities. H. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to: agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then the applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 11 of 3 and regulatory authority. I. USE OF U.S. FOREST SERVICE INSIGNIA. In order for Cooperators to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service e submitted and approval granted in writing by the Office of Communications (Washington Office) prior to use of the insignia. J. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of, or U.S. delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. K. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). L. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. M. TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at any time before the date of expiration. N. DEBARMENT AND SUSPENSION. Cooperators shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should Cooperators or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. O. MODIFICATIONS. Modifications within the scope of this MOU must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being USDA, Forest Service OMB 0596-0217 FS-1500-15 Page 12 of 3 performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. P. COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last signature and is effective through November 15, 2027 at which time it will expire. Q. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this MOU. In witness whereof, the parties hereto have executed this MOU as of the last date written below.