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Home My WebLink Aboutbocc.ord.013.2010CONTRAC 5 // 1 �6�6 c ")1 / - a e k 4 cP AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN 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 4 -2010 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 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 I"); and 4. Pursuant to an IGA signed in 2004 between Pitkin and Garfield Counties, the Open Space Department has completed the first phase of this trail. 5. Garfield County budgeted $95,000 toward construction costs for 2010, 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 $95,000 in Garfield County Funds for use in the construction of Phase 1 of the Crystal Bike Trail, and to return those funds if they are not so utilized. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 23 T DAY OF JUNE 2010. NOTICE OF PUBIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE J,3! DAY OF JUNE 2010. Ordinance -2010 Page 1 of 2 APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14 DAY OF JULY 2010. PT;BLISHED AF "R ADOPTION IN THE ASPEN TIMES WEEKLY ON THE jAf DAY OF , 2010. A TEST: 171Aj 11-1 -W n) Je ette Jones D ty Clerk & It order APPROVED AS TO FORM: John F,1v; Coynty AttoXh$y Dale Will Director Pitkin County Open Space and Trails Ordinance -2010 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, OLORADO George NewiAan, Chai /X lt Hilary Fl c er, County Manager MANAGER APPROVAL: 2010 INTERGOVERNMENTAL AGREEMENT CONCERNING TRAILS CONSTRUCTION PITKIN COUNTY AND GARFIELD COUNTY THIS 2010 INTERGOVERNMENTAL AGREEMENT ( "2010 IGA ") is made and entered by and between PITKIN COUNTY, COLORADO, by and through the Pitkin County Board of County Commissioners (`Pitkin County "), and 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 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 (2004); and WHEREAS, the Town of Carbondale constructed the first legs of this trail extending 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 report proposed utilization of 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, as planned, traverses 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 final CDOT action on the permit was granted in the summer of 2009; 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 ( "07 GOCO Legacy Grant ") which included $1,000,000 for the construction of the Byway Trail Phase 1; and WHEREAS, Pitkin County's consulting engineer has estimated that the full cost of the Garfield County portion of the trail from Prince Creek Road to the Garfield- Pitkin County line is approximately $870,000; and 2010 IGA for the Crystal Trail Page 1 of 6 WHEREAS, to date, Garfield County has contributed a total of $200,000 toward the completion of this trail, by a series of intergovernmental agreements recorded as Reception Nos. 771021, 760992, 771344 and 771022; and WHEREAS, Garfield County budgeted and appropriated an additional $95,000.00 in fiscal year 2010 toward completion of this project for construction funding during the Spring and Summer of 2010; and WHEREAS, the difference between the full cost of the Garfield County portion of the trail ($870,0000.00) and the amount of Garfield County's contribution ($295,000.00) will be paid by Pitkin County utilizing funds from the 07 GOCO Legacy Grant. NOW THEREFORE, in consideration of the mutual benefits to be derived from this 2010 IGA, the parties agree as follows: ARTICLE ONE STATEMENT OF PURPOSE The purpose of this 2010 IGA is to add Garfield County funds to the Crystal Trail Construction Fund held by Pitkin County, under this 2010 IGA and the prior IGAs referenced in the recitals, for the sole and exclusive purpose of finishing construction of that portion of the Byway Trail Phase 1 lying in unincorporated Garfield County. ARTICLE TWO 2010 SCOPE OF SERVICES A. Pitkin County: Pitkin County will use funds provided by Garfield County to finish construction of that portion of the Byway Trail Phase 1 lying parallel to State Highway 133 within unincorporated Garfield County, B. Garfield County: Garfield County shall pay Pitkin County $95,000 within thirty (30) days of invoice by Pitkin County. ARTICLE THREE PERIOD OF AGREEMENT Upon the signing of this 2010 IGA, the obligations of Pitkin County shall be in effect and must be completed on or before December 15, 2010, unless this 2010 IGA is renewed prior to that date. Upon the signing of this 2010 IGA, the obligations of Garfield County shall be in effect and must be completed on or before December 1, 2010, unless this 2010 IGA is renewed prior to that date. 2010 IGA for the Crystal Trail Page 2 of 6 f / ARTICLE FOUR TERMINATION BY EITHER PARTY A. Either Party may terminate this 2010 IGA upon ninety (90) days' notice to the other Party if it is reasonably deemed by either Party that the 2010 IGA is not fulfilling the objectives of either Party. B. Upon termination, Pitkin County shall refund any unutilized funds provided by Garfield County. C. This 2010 IGA 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. B. Pitkin County shall keep records of its expenditures showing the funds spent on trail construction within Garfield County under this 2010 IGA for a minimum of three (3) years following completion of this 2010 IGA. C. Pitkin County shall present a report to Garfield County during a public meeting demonstrating expenditure of funds under this 2010 IGA and the prior IGAs referenced in the recitals. ARTICLE SIX INSURANCEANDEMNIFICATION 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 policy or Certificate of Insurance as verification of compliance with these requirements. Nothing in this 2010 IGA, however, is intended or shall be construed to constitute a waiver on the part of Pitkin County or Garfield County of the provisions of C.R.S. § 24 -10 -101 et seq., commonly known as the Colorado Governmental Immunity Act. 2010 IGA for the Crystal Trail Page 3 of 6 / ARTICLE SEVEN NOTICE Any notice provided for in this 2010 IGA shall be given in writing by certified mail, return receipt requested, which shall be addressed as follows: Garfield County: Fred Jarman Building and Planning Director 1088 1h Street Suite 402 GWS, Colorado 81601 Pitkin County Dale Will, Director Pitkin County Open Space and Trails 530 East Main Street, Suite 301 Aspen, Colorado 81611 Copy to: Don DeFord Count Attorney 108 8 Street Suite 219 GWS, Colorado 81601 ARTICLE EIGHT MODIFICATIONS AND WAIVER Pitkin County shall not assign or delegate any rights or duties under this 2010 IGA to a third Party without the written consent of Garfield County, which shall determine the acceptability of the third Party to Garfield County. However, it is understood that Pitkin County will use sub - contract consultants in performance of this 2010 IGA without formal consent. ARTICLE NINE MISCELLANEOUS PROVISIONS A. Funds Remainina at the end of this 2010 IGA. If Pitkin County does not expend all funds provided by Garfield County under this 2010 IGA for the purposes contained herein, Pitkin County shall return unused funds to Garfield County. B. Independent Contractor. The parties to this 2010 IGA intend that the relationship of Pitkin County to 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 2010 IGA 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 2010 IGA for the Crystal frail Page 4 of 6 6 may assign nor delegate any of its rights or obligations under this 2010 IGA without first obtaining the written consent of the other Party, in accordance with Article 8, above. D. No Third -Party Beneficiaries., No third party may enforce or rely upon this 2010 IGA. E. Budeet/Annronriation. Notwithstanding anything to the contrary contained in this 2010 IGA, the parties shall have no obligations nor shall any payment be made in respect of any period after December 31, 2010, without appropriation 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 resulting in litigation should arise relating to the performance of the services to be provided under this 2010 IGA, 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. Severabilitv. Should any part term, portion or provision of this 2010 IGA 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 remaining parts, terms, portions or provisions shall be deemed severable; and the validity of such shall not be affected thereby, provided such remaining terms, 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 2010 IGA may only be amended by a written agreement signed and approved by the Garfield County and Pitkin County Commissioners. J. Time of Pavment. Garfield County shall provide $95,000.00 To Pitkin County for the purposes of this 2010 IGA by December 1, 2010, in accordance with Article 2.B., above.. 2010 IGA for the Crystal Trail yj Page 5 of 6 ,l/ NOW, IN WITNESS TO the agreements contained herein, Pitkin County and Garfield County have signed and executed this 2010 IGA to be effective the 1 day of _ JU I , 2010, no matter the date of execution below. ATTEST: � Yh kto C, the Board we • 0. R• • �ORA� PITKIN COUNTY Chairman, and o ounty Commissioners IX Ic Date f Date 2010 1 G for the Crystal 'frail Page 6 46