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HomeMy WebLinkAboutbocc.res.047.2003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING A NORTHWEST COLORADO COUNCIL OF GOVERNMENTS FIRE MITIGATION PLANNING GRANT RESOLUTION NO. ~/f"~' -2003 1. The Pitkin County Forest Fuels Reduction Steering Committee applied for and received a grant from Northwest Colorado Council of Governments (NWCCOG). 2. The purpose of the grant is to produce a multi-jurisdictional wildfire mitigation//fuels reduction plan in Castle Creek and Red Mountain. 3. The Board of County Commissioners has determined that it is in the best interests of the citizens of Pitkin County to accept this grant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The NWCCOG Fire Mitigation Planning Grant in the amount of $12,000 attached hereto and incorporated herein by this reference is approved. 2. Ellen Anderson, Emergency Management Coordinator and Project Manager is responsible for the administration of this grant. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON APRIL 23, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON MAY 3, 2003. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON 2003. ' PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON /'J!,,.~ ~¥ ,2003. ATTEStF: .~-~ BOARD OF COUNTY COMMISSIONERS ~ OF PIT, IN COUNTY, COLORADO Jeanette Jones ~aY~k I-(~ff'ieid, Ch&irr:na: Depaty County Clerk Date: --~.~//?~/o ~ / APPROVED AS TO FORM: John Ely, County Attorney MANAGER APPROVAL: Hilary F~t~her Smith, C-6'~nty Manager RECOMMENDED FOR APPROVAL: Ellen Anderson, Project Manager APPROVED AS TO FORM: John Ely, Co~,t.~ Attorney MANAGER APPROVAL: Hilary F~t~her Sm~~ RECOMMENDED FOR APPROVAL: Ellen Anderson, Project Manager 2 , NWCCOG/Pitkin County Fuels Reduction Contract CONTRACT THIS CONTRACT, made this /' ~' :~ day of.A~, 2003, by and between Northwest Colorado Council of Governments, PO Box 1208, Silverthorne, Colorado 80498, hereinafter referred to as NWCCOG, and Pitkin County Government, 530 East Main, 3rd Floor, Aspen, Colorado 81611, hereinafter referred to as the Contractor. WHEREAS, NWCCOG funds have been budgeted, appropriated and otherwise made available; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, NWCCOG desires to assist member jurisdictions of NWCCOG through financial assistance to accomplish stated goals and objectives as listed in the grant application; and WHEREAS, the Contractor is a member jurisdiction in good standing of NWCCOG, eligible to receive financial assistance, and WHEREAS, the Executive Director of NWCCOG desires to distribute said funds in the form of financial assistance to member jurisdictions, and WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from NWCCOG resources to the Contractor for the project upon mutuaJly agreeable terms and conditions as hereinafter set forth; NOW THEREFORE, it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from NWCCOG, the Contractor shall do, perform, and carTy out, in a satisfactory and proper manner, as determined by NWCCOG, all work elements as indicated in the ~Scope of Services", set forth in the attached Exhibit A, hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. Theperformance of the services requ red hereunder shall be under the supervision of ~..('~. L/.2. /.~J~./,~h,,-;., an employee or agent of the Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not supervising this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and NWCCOG receives notification of such replacement assignment. 3. Time of Performance. This Contract shall become effective upon the proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed within the allotted time as set forth in the "Time of Performance", set forth in the attached Exhibit B. Expenses incurred by the Contractor in association with said Project prior to the execution of this Contract shall not be considered eligible expenditures for reimbursement from NWCCOG. 4. Authority to Enter into Contract and Proceed with Project. The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. NWCCOG/Pitkin Count7 Fuels Reduction Contract 5. Compensation and Method of Payment. In consideration for the work and services to be performed in this Project, NWCCOG agrees to provide to the Contractor a grant from NWCCOG resources in an amount not to exceed Twelve Thousand Dollars ($12,000). The method and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit C. 6. Reversion of Excess Funds to NWCCOG Any NWCCOG monies not expended in connection with the Project shall be remitted and/or retained by NWCCOG upon completion of the Project or a determination by NWCCOG that the Project will not be completed. 7. Financial Manaqement. At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain proper accounts of NWCCOG funds, matching funds, and other funds associated with the Project. 8. Contract Suspension. If the Contractor fails to comply with any contractual provision, NWCCOG may, after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds. 9. Contract Termination. This Contract may be terminated as follows: a. Termination Due to Loss of Funding. The Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by NWCCOG. In the event that such funds or any part thereof are not received by NWCCOG, NWCCOG may immediately terminate or amend this Contract. b. Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, NWCCOG shall t thereupon have the right to erminate this Contract by giving written notice to the Contractor of such termination and'specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. c. Termination for Convenience. NWCCOG may terminate this Contract at any time NWCCOG determines that the purposes of the distribution of NWCCOG monies under this contract would no longer be served by the completion of the Project. NWCCOG shal effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day signed. CONTRACTOR: .. NWCCOG: £ ' Tit e: Tit e: Date: ?/3 / Date: Approved as to Form 2 ~ NWCCOG/Pitkin County Fuels Reduction Contract 5. Compensation and Method of Payment. In consideration for the work and to be performed in this Project, NWCCOG agrees to provide to the C, grant from NWCCOG resources in an amount not to exceed Twelve Thousar ($12,000). The method and time of payment of such grant funds shall in vith the Payment Schedule set forth in Exhibit C. 6. Any NWCCOG moni, not expended in conr ~on with the Project shall be remitted and/or retained upon of the Project or a determination by NWCCOG the Project will not be corn 7. Finan~ . At all times from the effec! of this Contract until completion of thi,. 'roject, the Contractor shall mai~ )er accounts of NWCCOG funds, :hing funds, and other fun, ed with the Project. 8. Con1 e Contractor fails any contractual provision, NWCCOG may, to the suspend the Contract and withhold further payments or incurring additional obligations of contractual funds. 9. Contract Termination. lay be terminated as follows: a. Termination Due to Loss ¢ The Contractor expressly understands and agrees that all its rights, (~'~,laims to compensation arising under this Contract are contin¢ ipt of ~ch funds by NWCCOG. In the event that such funds or ~[ thereof are no~eceived by NWCCOG, NWCCOG may immediately_t~ or amend this C"~iract. b. Termination for~;~u,. If, through any cause,'t~e Contractor sha fail to fulfill in a timely and pro,Be.! m~ el its obligations under t~i.s Contract, NWCCOG shall thereupon ha/e the right to terminate this Contrac;N;~y giving wr tten notice to the Contractor ~ such termination and specifying the eft~tive date thereof, at least twenty (2./0~ days_before the effective date of such term"haat on. c. Term~ ,~/~_on for Convenience. NWCCOG may terminate~'~; Contract at any time ... . IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day signed. CONTRACTOR: NWC.~. By:_. __ Director Date: Date: May 14, 2003 Approved as to Form By: Date: NWCCOG/Pitkin County Fuels Reduction Conb-act EXHIBIT A: SCOPE OF SERVICES Pitkln County Forest Fuels Reduction Steering Committee Fire Mitigation Planning Submittal to NWCCOG/WRNF for Planning Funds 03118103 In response to the grant awarded to NWCCOG by the White River National Forest to produce multi-jurisdictional fuels reduction programs in or near Intermix areas of the National Forest, Pitkin County has formed a Steering Committee. The Committee respectfully reqUests $12,000.00 from NWCCOG to be used for community fire mitigation planning (see budget below). The Committee understands that the 'deliverables" outlined in the 02/01/03 memo from Gary Severson to the various steering committees must be addressed in the planning process. The Steering Committee convened on March 10, 2003. The following public and private agencies were represented: NWCCOG, Pitkin County Board of County Commissioners, Department of Wildlife, City of Aspen, Pitkin County Emergency Management, Aspen Fire District, Congressman McGinnis' Office, Rocky Mountain Ecological Services, Inc., Pitkin County Community Development, Aspen Wilderness Workshop, CSFS, and USFS. In addition, the Committee will invite the following agencies to join the planning process: Holy Cross Electric, Aspen Skiing Company, Pitkin Road and Bridge, Pitkin Geographic Information Systems, Aspen Water Dept., Salvation Ditch Co., and various land stewards. The purpose of the Committee is to produce a multi-jurisdictional wildfire mitigation/fuels reduction plan. The goal of the plan is to decrease the risk of wildfire 'as it threatens community values, through a cooperative effort between the public and private sectors. The Committee defined community values (to be prioritized at the next meeting) as: · protection of human life · protection of public drinking water supplies · control of erosion/flooding · protection of infrastructures and buildings · protection of critical wildlife habitat · protection of critical ecological vegetation · protection of recr~_~[Jonal infrastructure · protection of scenery/esthetics · protection of historical structures The Committee defined the area of focus (within the Aspen Fire District) as Red Mountain, Castle Creek, Richmond Hill, Conundrum, and Ashcroff. The objectives of the planning process are: · Complete the mapping of fire hazards within the defined area starting with 7.1 intermix regions (understanding that 7.1 regions as currently mapped are incomplete; will be updated). · Then, overlay maps that depict areas of other community values, thus producing a map depicting values at risk in the defined geographical area. · Identify specific programs and actions to mitigate fire hazard in identified regions. · Seek additional funding through grants. · Develop an outreach plan for communication, education and networking (including website and neighborhood meetings). In order to accomplish the plan as outlined above, the Committee foresees costs accrued in these areas: · Data Collection $2,500 NWCCOG/Pitkin County Fuels Reduction Contract · Mapping $2,500 · Public/Communication $4,000 · Meeting Expenses $1,500 · Grant Writing $1,500 The Committee identified County Commissioner Patti Clapper as Chair and Emergency Management Coordinator Ellen Anderson as grant writer. The Committee hopes that this request for $12,000.00 will be favorably received before the next scheduled plann ng meeting on April 14, 2003. NWCCOG/Pitkin County Fuels Reduction Contract EXHIBIT B: TIME OF PERFORMANCE All work listed in Exhibit A: Scope of Service~ shall be completed by December 31, 2003. NWCCOG/Pitkin County Fuels Reduction Contract EXHIBIT C: PAYMENT SCHEDULE 1. $5,000 initial payment to be made to Contractor within thirty (30) days of the date of execution of this Contract. 2. $5,000 in interim payments reimbursing the Contractor for actual expenditures made in the performance of this Contract. Payments shall be based upon propedy documented financial and narrative status reports detailing expenditures made to date. 3. $2,000 final payment to be made upon the completion of the Project. The Contractor shall submit a final financial and narrative status report documenting the expenditure of all NWCCOG funds for which payment has been requested. All requests for payment after the first payment shall be initiated by the Contractor.