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Home My WebLink Aboutbocc.con.292.2012 CQNTRACT# ��j� �� A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, CULORADO, AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF LAND MANAGEMENT FOR THE ADMINISTRATION OF CERTAIN COMNIERICAL RAFTERS TAKING OUT AT WINGO JUNCTION RESOLUTION#Q�j�-2012 RECITALS 1. Pitkin County Open Space and Trails has managed use by commercial rafting outfitters at Jaffe Park since 2002, as approved by the Board of County Commissioners through Resolutions#52-02, 53-02,and 54-02 . 2. Those same cornmercial operators use the Wingo Junction Boat Ramp, located on Bureau of Land Management(BL1V�property,for trips initiating at Jaffee Park. 3. The BLM and commercial operators desire to consolidate the administrative requirements for permitting commercial trips from Jaffee Park to Wingo Junction. 4. The BLM agrees to perform all rnaintenance and management functions associated with the Boat Ramp. 5. The Open Space and Trails staff able to assume the administration without significantly increasing its workload,and desires to cooperate with the BLM for the permitting of these river trips. NOW, THEREFORE, BE IT RESOLVED by the Board of County Comrnissioners of Pitkin County, Colorado as follows: The Board approves the execution of the attached Memorandum of Understanding with the BLM, assigning administration of use of the Wingo Junction Boat Ramp as a take out by operators who launch commercial trip at Jaffee Park. The Chair or its designee is further authorized to sign subsequent Memorandum of Understanding with the BLM that renew the terms of this agreement for an additional five years. The BOCC finds that adoption of this resolution is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County. INTRUDUCED,FIRST READ AND SET FOR PUBLIC HEARING ON THE llth DAY OF JULY 2012. Resolution -2012 Page 1 of Z NOTICE,,,�Q F PUBLIC HE NG PUBLI5HED IN THE ASPEN TIMES WEEKLY ON THE /7 "� DAY OF !% 2012. PUBLIC HEARING AND SECOND READING ON THE 25TH DAY OF JULY,2012. PUBLISHE AFTER OPTION IN THE ASPEN TIMES WEEKLY ON THE� DAY OF v , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO . By J anette Jones Michael M. Ows ey, Chairman Deputy Clerk Date: �� 5 ` Z O ! Z- APPROVED AS TO FORM: MANAGER APPROVAL: � Ely, County t rney Jon Peac ck, unty Manager Dale Will,Director Open Space and Trails Program Resolution -2012 Page 2 of 2 0 �ONTRACT� �1�� BLM MOU CRVFO 12-03 Memorandum of Understanding , Between the Bureau of Land Management,Colorado River Valley Field Office And Pitkin County I. Purpose This Memorandum of Understanding(MOU) is made and entered into between Pitkin County and • the Department of the Interior, Bureau of Land Management(BLM), Colorado River Valley Field Office (CRVFO). All signatories of this MOU are herein referred to as Partners. The agreement is to establish a general framework of cooperation upon which the Partners administer Special Recreation Permits(SRP's)on BLM public lands on the Roaring Fork River between Jaffee Park and the Wingo Junction recreation site in Pitkin County. Such cooperation complements both missions of the BLM and Pitkin County and is in the best interest of the public. II. Objectives The objective of this MOU is to: • Streamline the permitting process required for commercial use of the Roaring Fork River between laffee Park and Wingo Junction. • Allow companies holding valid permits and paying required fees through Pitkin County to use the BLM boat ramp at Wingo Junction as a take-out for no additional fee. III. Authority BLM is authorized by Section 307(b)of Federal Land Policy and Management Act of 1976(43 U.S.C. 1737)to enter into partnership agreements involving management, protection,and development of public lands. IV. Background The Wingo Junction boat ramp was constructed by the Colorado Department of Transportation (CDOT)when Highway 82 was widened to four lanes. The commercial rafting companies worked with CDOT to design and construct the boat ramp,ensuring the public access to the river would be preserved. The boat ramp is on BLM managed land and the parking area for the boat ramp is on Pitkin County land. Since 2000,the BLM has been issuing SRP's for the use of the ramp and charging a flat fee of$80- $90 to the commercial companies using the ramp. The Colorado River Valley Field Office(CRVFO, formerly the Glenwood Springs Field Office)felt this fee was appropriate since the CRVFO was not responsible for the construction of the ramp and did little on-site management. In 2005,the CRVFO Page 1 of 4 _ .�._. �._ _ . BLM MOU CRVFO 12-03 was directed to charge fees for this area that are in compliance with the BLM's regulations requiring 3%ofgross revenue. After much discussion with the SRP holders and Pitkin County Open Space and Trails, it was decided that the BLM could waive fees for companies putting in at Jaffee Park and taking out at Wingo Junction as long as the company had a valid permit with and paid the required fee to Pitkin County. laffee Park river access is located on Pitkin County land and is permitted through Pitkin County Open Space and Trails. This way the companies are not paying two agencies for the same trip. Companies putting in at Wingo Junction and taking out downstream will be required to have a permit with BLM and pay 3%of their gross revenue to BLM. According the H-2930-1, Recreation Permit Administration Handbook, permitted recreation activities involving more than one jurisdiction may require the development of joint permits. This MOU is an interagency agreement for joint commercial permits along the Roaring Fork River between laffee Park and Wingo lunction. Pitkin County and CRVFO entered into a Memorandum of Understanding 7/17/07 to establish a framework of cooperation upon which the Partners administer Special Recreation Permits (SRP's)on BLM public lands on the Roaring Fork River between Jaffee Park and the Wingo Junction recreation site in Pitkin County. That Memorandum of Understanding will expire 7/17/2012. This Memorandum of Understanding is a continuation of that with a few modifications. This partnership helps accomplish specific BLM recreation goals. Goal 3,Objective 2, Milestone 3 is to sustain and increase partnerships and collaboration in recreation and visitor services. Goal 3, Objective 1, Milestone 2 is to be responsive to public requests for recreation-related services by using the permit process to accomplish management objectives. V. Mutual Benefits It is mutually beneficial for the Partners to work cooperatively to provide commercial recreation opportunities on the Roaring Fork River and to streamline the permit requirements. VI. Terms of Mutual Agreement Pitkin County will: • Continue to issue permits to companies utilizing laffee Park for commercial river related activities to include the Wingo lunction recreation site for take-out. • Continue to coordinate with the City of Aspen Open Space and Trails Department in regards to commercial use at Stein Park and notify the BLM CRVFO if the new commercial users intend to take out at Wingo Junction. • Continue to collect fees set by Pitkin County for commercial use of Jaffee Park. • Require that permit holders add "US Government, Department of the Interior, Bureau of Land Management" as an additional insured to their insurance policies and ensure that the insurance policy meets the BLM minimum requirements of$500,000 per occurrence and$1,000,000 annual aggregate liability coverage. Page 2 of 4 BLM MOU CRVFO 12-03 • Include "BLM Wingo Junct+on"on the permit. • Not be responsible for any maintenance of the Wingo Junction recreation site on BLM public lands. • Continue to inform the BLM of any issues or concerns related to the Wingo Junction recreation site. • Monitor the Wingo Junction recreation site and check permits for compliance. The BLM CRVFO will: • Continue to issue SRP's for commercial use of Wingo Junction to companies putting-in at Wingo Junction,or taking out at Wingo if they are using a launch site other than laffee Park or are not permitted through Pitkin County. • Charge SRP fees per regulations for commercial/organized group trips putting-in at Wingo lunction, or taking out at Wingo if the launch site is other than Jaffee Park. No discount for river trips will be applied. • Continue to provide basic management of the Wingo lunction recreation site. • Monitor the Wingo Junction recreation site and check permits for compliance. • If resources allow, provide a porta-potty in the parking area of Wingo Junction from Memorial Day weekend to Labor Day weekend at the minimum. (Longer if able.) It is mutually agreed and understood by the Partners that: • This MOU is neither a fiscal nor a funding obligations document. This agreement shall not obligate either of the Partners to this agreement to expend appropriations or to enter into any contracts or other obligations with the other partner in this agreement. • Any information furnished to the BLM under this MOU is subject to the Freedom of Information Act(5 U.S.C. 552). • In carrying out this MOU,there shall be no discrimination against any person because of race, color, national origin,sex, age, religion,or disability. • This MOU shall not be interpreted to imply that the United States,the Department of the Interior, or the BLM endorses any product,service,or policy of Pitkin County. Pitkin County shall not take any action or make statements that suggest or imply such endorsement. • Each signatory party shall obtain prior approval from the other of all press releases, advertisements,or other statements regarding projects or work products intended in connection with this agreement. • Pitkin County and the BLM will consult, at least annually,to discuss actions to implement the purpose of this MOU. • Modifications within the scope of the MOU shall be made by mutual consent of the Partners, by the issuance of a written modi�cation,signed and dated by both Partners, prior to any changes being performed. Page 3 of 4 .____w,._. . rrr..r��. BLM MOU CRVFO 12-03 • This MOU in no way restricts the Partners from participating in similar activities with . other public or private agencies, organizations, and individuals. VII. Term of Agreement This agreement shall have a term of 5 years from the date signed, at which time it wil!expire unless extended by issuance of a written amendment,signed and dated by al!parties. This agreement may be terminated by any party upon written 90 days advance notice. This agreement shall be reviewed, by both Partners, annually to determine whether it should be continued, modified,or terminated. VI11. Agency Contacts The principal contacts for this MOU are: Bureau of Land Management Pitkin County Colorado River Valley Field Office Open Space and Trails 2300 River Frontage Road 76 Service Center Road Silt, CO 81652 Aspen,CO 81611 Telephone(970)876-9000 Telephone(970)618-9825 Fax(970)876-9090 John Armstrong, Ranger Kimberly Miller,Outdoor Recreation Planner Email: 1ohn.Armstrong@co.pitkin.co.us Email: kmmiller@bim.gov This MOU is appro d executed by: � Dale Will Steven G. Bennett Director Field Manager Pitkin County Open Space and Trails Bureau of Land Management 530 East Main Street, 3`d Floor Colorado River Valley Field Office Aspen,Colorado 81&11 Telephone(9�7`0�)920-5232 Date: � ` !� ''�Z-- Date: 3� �-. Page 4 of 4