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Home My WebLink Aboutbocc.con.129.2008cor~ncT ~ i. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PTTHIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH GARFIELD COUNTY FOR ITS ASSISTANCE WITH THE CONSTRUCTION OF PHASE 1 OF THE CRYSTAL VALLEY BICYCLE TRAIL ORDINANCE # (16'I -2008 Recitals 1. The construction of abicycle-pedestrian trail along Highway 133 in the Crystal River drainage has been a longstanding community interest as recognized in Crystal River Valley Bicycle Trail Study (Pitkin County 1994) the Club 20 "Missing Links" report (1996), the Pitkin County Crystal River Master Plan (2003), the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report (2004); and 2. The Town of Carbondale has constructed the first legs of this trail which currently extend from Highway 82 down Highway 133 to Snowmass Drive; and 3. The Highway 133 Scenic and Historic Byway Committee has completed the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report (2004) which analyzes feasible trail alignments to connect those towns and suggests that Phase 1 ("Phase 1") on the Roaring Fork side to utilize the Highway 133 right of way to extend the existing Carbondale trail approximately 4.3 miles up to Thompson Creek ("Byway Trail Phase 1"); and 4. Pursuant to an IGA signed in 2004 between Cazbondale, Pitkin and Gazfield Counties, the Open Space Department has completed a trail design to extend the existing Carbondale trail approximately 5.3 miles from Snowmass Drive in Cazbondale to the BRB Bridge, and has an application pending with the Colorado Department of Transportation for the this trail. 5. Garfield County budgeted $50,000 toward construction costs for 2008, and prefers to transfer those funds to Pitkin County per annual appropriation, and requires an IGA for this transfer. NOW, THEREFORE, BE IT ORDAINED, that the Boazd of County Commissioners approves the attached Intergovernmental Agreement which authorizes Pitkin County to receive and hold $50,000 in Garfield County Funds for use in the construction of Phase 1 of the Crystal Bike Trail, and to return those funds if they aze not so utilized. The Board further authorizes an additional IGA to address the receipt of an additional $50,000 from Gazfield County as appropriated for 2008. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 23nd DAY OF Januazy 2008. Ordinance #~.-2008 Page 3 INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 23nd DAY OF January 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 27th DAY OF January 2008. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 13th DAY OF February 2008. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 24th DAY OF February, 2008. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jones Jack atfj ld, Chairman i Clerk & R order / ~~ Date: APPROVED AS TO FORM: MANAGER APPROVAL: ~- s ~~ John Ely, County Attorney Hilary e cher, County Manager CONTRACT # /~~~ ~~~ THIS AGREEMENT is made and entered as of the ~ ~ " day of (~ec~e r,n~ Loo9- , by and between P1TKIN COUNTY, COLORADO, by and through the Pitkin County Board of County Commissioners ("Pitkin County"), GARFIELD COUNTY, COLORADO, by and through the Garfield County Board of County Commissioners ("Garfield County"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, the construction of abicycle-pedestrian trail along Highway 133 in the Crystal River drainage has been a longstanding community interest as recognized in Crystal River Valley Bicycle Trail Study (Pitkin County 1994) the Club 20 "Missing Links" report (1996), the Pitkin County Crystal River Master Plan (2003), the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report (2004); and WHEREAS, the Town of Carbondale has constructed the fast legs of this trail which currently extends to Snowmass Drive along Highway 133,; and WHEREAS, the, Highway 133 Scenic and Historic Byway Committee received funds from the Federal Highway Administration as well as Gunnison County and Pitkin County to complete the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report (2004) which proposes to utilize the Highway 133 right of way to extend the existing Carbondale trail approximately 5.3 miles up to the BRB subdivision ("Byway Trail Phase 1"); and WHEREAS, the Byway Trail Phase 1 would traverse the Town of Carbondale, unincorporated Garfield County, and unincorporated Pitkin County; and WHEREAS, a prior IGA between the Parties and the Town of Carbondale facilitated completion of engineering work and a permit application to the Colorado Department of Transportation ("COOT"); and WHEREAS, final COOT action on the permit is antlcipated in early 2008; and WHEREAS, on December 3, 2007, Pitkin County and the Town of Carbondale were awarded a $5,000,000 Legacy Grant by Great Outdoors Colorado which includes $1,000,000 for the construction of the Byway Trail Phase 1; and WHEREAS Garfield County appropriated $50,000 in 2007 toward this project and it is anticipated these funds will be needed for construction during 2008; and NOW THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties agree as follows: ARTICLE ONE STATEMENT OF PURPOSE The purpose of this Agreement is to provide a mechanism so that Garfield County funds can be accumulated in a Crystal Trail Constmction Fund held by Pitkin County for the sole and exclusive purpose of constmcting that portion of the Byway Trail Phase 1 lies in unincorporated Garfield County. ARTICLE TWO SCOPE OF SERVICES A. Pitlcin County; Pitlcin County will use funds provided by Garfield County to construct amulti-use trail parallel to State highway 133, referred herein as Byway Trail Phase 1, within unincorporated Garfield County. B. Ga~eld County: Garfield County pay Pitltin County $50,000. ARTICLE THREE PERIOD OF AGREEMENT Upon the signing of this Agreement, the obligations of Pitltin County shall be in effect and must be completed on or before December 15, 2009, unless renewed prior to that date. Upon the signing of this Agreement, the obligations of Garfield County shall be' in effect and must be completed on or before December 31, 2007, unless renewed prior to that date. ARTICLE FOUR TERMINATION BY EITHER PARTY A. Either party may terminate this Agreement on ninety (90) days' notice [o the other party if it is reasonably deemed by either party that the Agreement is not fulfilling the objectives of either party. B: Upon termination Pitkin County shall produce any unutilizerl funds provided by Garfield County. C. This Agreement may be renewed provided that mutually agreeable terms are reached between the parties. ARTICLE FIVE PITHII~T COUNTY'S DUTIES A. Pitlrin County shall expend funds provided by Garfield County solely on trail construction within Garfield County. B. Pitkin County shall keep records of its expenditures showing the funds spent on trail construction within Garfield County under this Agreement for a minimum of three years following completion of this Agreement C. Pitkin County shall be prepared to present a report to Garfield County during a public meeting demonstrating its expenditure of funds under this Agreement. ARTICLE SI% INSURANCE /INDEMNIFICATION Pitkin County will add Garfield County as an additional named insured on its comprehensive general liability insurance policy, which insurance shall be maintained by the Grantee to provide protection against liability from claims arising out of this Agreement. Pitkin County shall, upon written request therefore from Garfield County, provide a Certificate of Insurance as verification of compliance with these requirements. Nothing in this Agreement, however, is intended or shall be construed to constitute a waiver on the part of Pitkin County or Garfield County of the provisions of Section 24- 10-101 et seq., Colorado Revised Statutes, commonly known as the Colorado Governmental Immunity Act. ARTICLE SEVEN NOTICE Any notice provided for in this Agreement shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: Garfield County: Don Duford County Attorney Garfield County 108 8s' Street Glenwood Springs, Colorado 81601 Pitkin County Dale Will, Director Pitkin County Open Space and Trails 530 E. Main St., Ste 301 Aspen, CO 81611 ARTICLE EIGHT MODIFICATIONS AND WAIVER Pitlcin County shall not assign any rights of duties under the Agreement to a third party without the written consent of Garfield County, which shall determirre the acceptability of the third party to Garfield County. However, it is understood that Pittdn County will use sub-contract consultants in performance of this Agreement. ARTICI=.E NINE MISCELLANEOUS PROVISIONS A. Funds Remainin¢ at the end of this A~eement. If Pitkin County does not expend all funds provided by Garfield County under this Agreement for the purposes contained herein, Pitlcin County shall return unused funds to Garfield County. B. Independent Contractor. The parties of this Agreement intend that the relationship of Pitkin County to the Ga~eld County is that of an independent contractor. No agent, employee or volunteer of Pitkin County shall be deemed to be an agent, employee or volunteer of Garfield County. C. Successors. This Agreement shall be binding upon and inure to the benefit of Pitltin County, Ga~eld County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligations under this Agreement without fast obtaining the written consent of the other party. D. N_o Third-Partv Beneficiaries. No third party may enforce or rely upon this Agreement. E. Budeet/Appropriadon. Notwithstanding anything to the contrary contained in this Agreement, the parties shall have no obligations under this Agreement, nor shall any payment be made in respect of any period after any December 31 of each calendar year during the teen of this Agreement, without an appropriation therefore by each party in accordance with a budget adopted by the governing bodies of the parties in compliance with the provisions of Article 25 of Title 30, C.R.S., the Local Government Budget law (§ 29-1-101 et seq.), and the TABOR Amendment (Colo. Constitution, Article X, Sec. 20). F. Costs. in the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim-related expenses. G. Severability. Should any part term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of Colorado, or otherwise unenforceable or ineffectual, the validity of the remaining parts, terms, portion or provision shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. H. Amendment. This Agreement may only be amended by a written agreement signed by the parties hereto and approved by the Garfield County Commissioners and Pitlcin County. 7. Time of Payment. Garfield County shall provide $50,000.00 to Pitl:in County for the purposes of this Agreement by December 28, 2007. NOW, IN WITNESS TO THIS AGREEMP.NT, Pitlun County, Garfield County, have signed and executed this Agreement this ~ ~ day of 'D «~ r+^ b. ~' , 2007. //Rest of Page is Blank Signature Page follows // PITHIN COUNTY: (~//~, :r of County bmmissioners County County