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HomeMy WebLinkAboutbocc.ord.006.2009CONTRACT # 055_ a-ad ) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN AMENDED AND CORRECTED 2008 INTERGOVERNMENTAL AGREEMENT WITH GARFIELD COUNTY FOR ITS ASSISTANCE WITH THE CONSTRUCTION OF PHASE I OF THE CRYSTAL VALLEY BICYCLE TRAIL ORDINANCE #j00 -2009 Recitals 1. The construction of a bicycle - 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 (2008); 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 (2008) which analyzes feasible trail alignments to connect those towns and suggests that Phase I ("Phase I") 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 2008 between Carbondale, Pitkin and Garfield Counties, the Open Space Department has completed a trail design and has a permit application pending with the Colorado Department of Transportation for the first phase of 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 Board 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 are not so utilized. The Board further authorizes an additional IGA to address the receipt of an additional $50,000 from Garfield County as appropriated for 2009. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 11` DAY OF FEBRUARY 2009. Amend and Correct 2008 tGA with Garfield County Ordinance LVf,_ -2009 NOTICE OF PU LIC HE PUBLISHED IN THE ASPEN TIMES S WEEKLY ON THE AY OF� b v11ar y 2009. r APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 25 DAY OF FEBRUARY 2009. PUBISHED AFTER A � j OPTIO IN THE ASPEN TIMES WEEKLY ON THE � DAY OF /// j 1 , 2009. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By. Patti Kay- Clapper, C air Date: ✓ G� John EI Attorney 1 1 DIle Will, Director Pitkin County Open Space and Trails MANAGER APPROVAL: j Hilary F e cher, County Manager Amend and Correct 2008 IGA with Garfield County Ordinance 06L_ -2009 a ATTEST: fit' ♦�� ►i+ln'�hN�N>1l►� � ri, ��� ©n y , Re ception #: 771022 I o0952Roo 02 e SOaDo I)= Fee:ol©0 GARFIELD COUNTY CO CORRECTED AND AMENDED INTERGOVERNMENTAL AGREEMENT CONCERNING TRAILS CONSTRUCTION GRANT TO PITKIN COUNTY THIS AGREEMENT is made and entered as of the day of 9 , by and between PITKIN 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." WITNESSETI L WHEREAS, the construction of a bicycle - pedestrian trail along Highway 133 in the Crystal River drainage has been a long- standing 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 first 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 I"); 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 ( "CDOT "); and WHEREAS, final CDOT action on the permit is anticipated by early 2409; 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 2008 toward this project and it is anticipated these funds will be needed for construction during 2009; and NOW THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the Parties agree as follows: 3 Nit.- 5 ■III 1'�I'�4li+�Y�I�J CwVrlWf�4,ih'��I'I�kh'I+�'�41�� Ni��J �I Il l Receptian#: 771022 07/0912009 02 48.01 PM Jean Alberico 2 of 5 Roo Fee $0 00 Doc Fee 0.00 GARFIELD COUNTY 00 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 Construction Fund held by Pitkin County for the sole and exclusive purpose of constructing that portion of the Byway Trail Phase 1 that lies in unincorporated Garfield County. ARTICLE TWO SCOPE OF SERVICES A. Pitkin County: Pitkin County will use funds provided by Garfield County to construct a multi -use trail parallel to State Highway 133, referred herein as Byway Trail Phase 1, within unincorporated Garfield County. B. Garfield County: Garfield County will pay Pitkin County $50,000. ARTICLE THREE PERIOD OF AGREEMENT Upon the signing of this Agreement, the obligations of Pitkin County shall be in effect and must be completed on or before December 15, 2009, unless renewed prior to that date. Upon the signing of the Agreement, the obligations of Garfield County shall be in effect and must be completed on or before January 31, 2009, unless renewed prior to that date. ARTICLE FOUR TERMINATION BY EITHER PARTY A. Either party may terminate this Agreement on ninety (90) days' notice to the other party if it is reasonably deemed by either party that the Agreement is not fulfilling the objectives of either party. B. Upon termination Pitkin County shall produce any unutilized funds provided by Garfield County. C. This Agreement may be renewed provided that mutually agreeable terms are reached between the parties. ARTICLE FIVE PITKIN COUNTY'S DUTIES A. Pitkin County shall expend funds provided by Garfield County solely on trail construction within Garfield County. y 1111 rd.1'PIM.HII It'll �49G�4�,^CGih1a'I�ilti'N ,41 �11N�+1 �I II Reception#: 771022 07.0912009 02:48 01 PM Jean Rlberioo 3 of 5 Rao Fee:$O 00 Doc Fee. 0.00 GRRFIEL0 COUNTY CO 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 SIX INSURANCEIINDEMNIFICATI ON Pitkin County will add Garfield County as an additional named insured on its comprehensive general liability insurance policy, which insurance shall be maintained by Pitkin County 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 set'., 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 DeFord County Attorney Garfield County 108 8"' Street Glenwood Springs, Colorado 81601 Pitkin County Dale Will, Director Pitkin County Open Space and Trails 530 Last Main Street, Suite 301 Aspen, Colorado 81611 J BIII11' �I' I�IIYIJY ,M��h11�IWh�k�RG�4«h,t�4,��1�� �I111 gR tiong: 771 @22 C7;fl9 /2009 02 pM Jean plberico 0 of 5 Rec Fee:$0 00 Doc ;roe a CD GARFIELD COUNTY CO ARTICLE EIGHT MODIFICATIONS AND WAIVER Pitkin County shall not assign any rights or duties under the Agreement to a third party without the written consent of Garfield County, which shall determine the acceptability of the third party to Garfield County. Iiowever, it is understood that Pitkin County will use sub - contract consultants in performance of this Agreement. ARTICLE NINE MISCELLANEOUS PROVISIONS A. Funds Remaining at the end of this A>reement. If Pitkin County does not expend all funds provided by Garfield County under this Agreement for the purposes contained herein, Pitkin 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 Garfield 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 Pitkin County, Garfield 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 first obtaining the written consent of the other party. D. No Third -Party Beneficiaries. No third party may enforce or rely upon this Agreement. E. Budget /Approariation. 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 term 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 o1 30, C.R,S., the I,ocal 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 ■ill ��1������l ,�j +, , aYtr���6.{�I {15'vr*�H11 Reception#: 771022 07/ ©912009 02 4801 PM Jean Plbernco 5 of 5 Roe Fee $0 00 Doc Fee ;0 00 GARFIELD COUGTY CO 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 that 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 Pitkin County. J. Time of Pavment, Garfield County shall provide $50,000.00 to Pitkin County for the purposes of this Agreement by January 31, 2009. NOW, IN WITNESS TO TIIIS AGREEMENT, Pitkin County and Garfield County, have signed and executed this Agreement this day 2009. PiTKIN COUNTY: Board ofConty Co missioners ATTEST: * 1 4 - / inountty Clc� 2H C A arfield County Clerk sE. ORA 7