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HomeMy WebLinkAboutbocc.res.029.20221 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY AND THE UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF THE ASSISTANT SECRETARY FOR RESEARCH AND TECHNOLOGY VOLPE NATIONAL TRANSPORTATION SYSTEMS CENTER “Volpe” RESOLUTION NO. 029-2022 RECITALS WHEREAS, Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statutes”) and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so, and; WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, Pitkin County (“Pitkin”) and Volpe wish to enter into an intergovernmental agreement for the purposes of developing a Comprehensive Recreation Plan for the Maroon Bells Scenic Area, and; WHEREAS, Both Pitkin and Volpe are governments authorized to enter into agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function, service, or facility lawfully authorized to each, and; WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin and Volpe to enter into this agreement in order to ensure the health and welfare of the citizens and to provide safe access to the Maroon Bells Scenic Area and to protect the Maroon Bells Scenic Area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County is authorized to enter into an Intergovernmental Agreement with Volpe as attached hereto as Attachment “A” in substantially the same form satisfactory to the County Attorney, and authorizes the Chair or designee, to sign the resolution and the agreement on behalf of Pitkin County. Contract No. 249-2022 Attached 2 INTRODUCED AND FIRST READ ON THE 13TH DAY OF APRIL, 2022 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 27TH DAY OF APRIL 2022. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14TH DAY OF APRIL, 2022. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 14TH DAY OF APRIL 2022. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 27TH DAY OF APRIL 2022. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 28TH DAY OF APRIL 2022. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 5TH DAY OF MAY, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Julia Ely Patti Clapper, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Apr-27-2022 1 VOLPE AGREEMENT NO. VP030022 BETWEEN THE UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF THE ASSISTANT SECRETARY FOR RESEARCH AND TECHNOLOGY VOLPE NATIONAL TRANSPORTATION SYSTEMS CENTER AND PITKIN COUNTY The Agreement between the aforementioned parties is for the Office of the Assistant Secretary for Research and Technology, Volpe National Transportation Systems Center (Volpe Center) to perform in accordance with the Statement of Work (SOW), subject to the terms and limitations detailed herein. I.STATEMENT OF WORK (See attached). II.PERFORMING ORGANIZATION The Volpe Center will perform work in accordance with the attached SOW that is incorporated into the Agreement. TheVolpe Center may use support service contractors and other contract support as the Volpe Center deems necessary. III.PERIOD OF PERFORMANCE The Volpe Center will start work upon receipt of funds. Work shall continue until it is completed. The Volpe Center intends to complete all work detailed in the SOW by December 31, 2023. If additional time becomes necessary to complete this work within the funding provided, the parties may agree in writing to extend the period of performance. Provided remaining funds are sufficient to cover remaining performance and closeout costs, such extension shall be at no additional cost to Pitkin County. IV.FUNDING The Volpe Center shall perform work on a BEST EFFORT (not fixed price), NO FEE BASIS. Charges will reflect only actual costs and no profit. The amount indicated below is the Volpe Center’s estimate of the funds needed to accomplish the tasks detailed in the SOW. Should the work be accomplished, or terminated, before funds are exhausted, the balance will be returned by mutual agreement between the Volpe Center and Pitkin County and consistent with paragraph VIII – Termination of Work. Should funds be exhausted, all work will stop at that point unless and until additional funds are provided. Contract No. 249-2022 2 Estimated Cost: $225,000 Performance of the work called for in the attached SOW is estimated to cost $225,000. This estimate includes actual direct and indirect costs associated with the tasks as specified in the SOW, including their execution, management, and administration. V.ADVANCES Pitkin County shall advance funds to the Volpe Center before work starts in accordance with the Volpe Center’s authorizing legislation, 49 USC §328. Pitkin County will provide advances in accordance with the following schedule. Should funds become exhausted, work will cease unless and until such time as the next advance is received. The Volpe Center will bill Pitkin County in accordance with the following schedule of advances or more frequently as required via SF-1115 (Bill for Collection) or any specific form required by Pitkin County. SCHEDULE OF ADVANCES AMOUNT Upon approval of this agreement $112,500 January 2023 $112,500 VI.BILLING AND PAYMENT INFORMATION Pitkin County may electronically transfer payments to the Volpe Center through the Federal Reserve Bank of New York by using the following banking information: ABA Number 021030004 Receiver Name TREAS NYC Beneficial (BNF)- Agency Location Code BNF=/AC-69010004 Reason for payment Sponsor deposit for Volpe project # VP030022 Alternatively, the Customer may send payment by check directly to the: USDOT – Volpe Center Attn: Accounting Office, V-132 55 Broadway Cambridge, MA 02142 Payments will be made to the order of: “DOT/Volpe National Transportation Systems Center” Any questions regarding project cash advances should be directed to: 3 Gregory Zevitas 617-494-3834 Gregory.zevitas@dot.gov The following information is required for the Volpe Center’s customer billing profile. Please supply Pitkin County’s taxpayer/employer identification and DUNS numbers: TIN/EIN: __ ________________ DUNS: ___ _____________ VII. FINANCIAL REPORTS The Volpe Center shall provide Pitkin County with a monthly report of total commitments and obligations made to date in the standard format provided to all Volpe Center customers. Summary financial reports are distributed to the customer financial point of contact identified in Section XVI unless noted otherwise. In such case, a “Send Financial Reports To” section needs to be included with the following information: customer accounting contact name, telephone number, email address, and regular mail address. VIII. TERMINATION OF WORK Work may be terminated 45 calendar days after receipt of written notice by the Office of Financial Management, Volpe Center, V-130. Pitkin County is responsible for all costs incurred through the termination date and for any additional costs incurred which the Volpe Center judges are necessary to complete an orderly program close. The Volpe Center will return any remaining funds to Pitkin County. IX. CHANGES TO THE AGREEMENT Changes may be made by mutual written agreement. X. GOVERNING LAW The laws of the United States shall govern the construction, validity, performance, and effect of this Agreement for all purposes. XI. RESOLUTION OF DISPUTES The Volpe Center and Pitkin County agree to work cooperatively in carrying out their responsibilities under this Agreement. Staff members from the Volpe Center and Pitkin County will resolve disagreements informally. The appropriate administrative managers for the Volpe Center and Pitkin County shall confer as necessary to resolve the dispute that their respective staff members are unable to resolve. 4 XII.WARRANTY The Volpe Center makes no express or implied warranties as to any matter whatsoever. XIII.RIGHTS IN TECHNICAL DATA Pitkin County will have an unlimited non-exclusive license to data first produced in the performance of this Agreement. Unless subject to statutory exemptions, such data will be publicly available under the Freedom of Information Act, 5 U.S.C. 552. XIV.INTELLECTUAL PROPERTY RIGHTS Nothing in this Agreement is intended or will be deemed to affect the ownership rights of the parties with respect to their existing copyrights, trade secrets, trademarks, patents, or other intellectual property and proprietary rights, if any. The United States Government reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use data first produced in the performance of this Agreement for Government purposes. XV. USE OF NAME OR ENDORSEMENTS Pitkin County shall not, in any way, state or imply that this Agreement is an endorsement by the Government of it or any of its products or services. The work done by the Volpe Center on this project complies with but does not constitute or establish the policies of the Department of Transportation. XVI.PUBLICITY Pitkin County or its agents shall not, in any way, publicize Volpe Center participation in this project without prior written consent. XVII.NO BENEFITS No member of or delegate to the United States Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, nor to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. XVIII. PUBLICATION The parties acknowledge that the Volpe Center is performing work under this Agreement for Pitkin County. At the conclusion of the work described herein, the Volpe Center will provide a report of results to Pitkin County. XIX. POINTS OF CONTACT For the Volpe Center: 5 Kendall Square Cambridge, Massachusetts 02142 Program Manager: Ben Rasmussen, V-323 617-494-2768Benjamin.Rasmussen@dot.gov Financial Information: Kristin Campbell, V-131 617-494-3847Kristin.Campbell@dot.gov Billing Office: Gregory Zevitas 617-494-3834Gregory.Zevitas@dot.gov For Pitkin County: Brian Pettet, Director of Public Works 970-920-539276 Service Center Road Aspen, Colorado 81623 Brian.pettet@pitkincounty.com AUTHORIZED APPROVALS Signatures: Reimbursing Organization Organization to be Reimbursed By: Patti Clapper Anne D. Aylward Title: Chair, Pitkin County Board Director of County Commissioners For: Pitkin County Volpe National Transportation Systems Center Date: Date: May-05-2022 ANNE DOANE AYLWARD Digitally signed by ANNE DOANE AYLWARD Date: 2022.06.06 13:24:00 -04'00' Interagency Agreement and Statement of Work Maroon Bells Comprehensive Recreation Management Plan Pitkin County, Colorado VP030022 Volpe Center Project Number: VP030022 2 1.BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest (WRNF) in Colorado and is surrounded by the peaks of the central Rocky Mountains. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old Snowmass, Meredith, Thomasville, and Redstone as well as portions of the town of Basalt. The county maintains 24 bridges and 265 miles of roads, including Maroon Creek Road, which provides sole vehicle access to WRNF’s Maroon Bells Scenic Area (MBSA). Pitkin County (the County) requests that the John A. Volpe National Transportation Systems Center (the Volpe Center) provide technical transportation planning support by developing a comprehensive recreation management plan (CRMP) to sustainably monitor and manage visitors recreating in the MBSA. Through a collaborative process with key partners (the WRNF, City of Aspen, Roaring Fork Transportation Authority [RFTA], Aspen Ski Company [Ski Co.], and the Aspen Chamber Resort Association [ACRA]), this plan will define sustainable recreational access to the MBSA and will identify how to achieve it. This interagency agreement (IAA) builds upon a previous agreement in place between the Volpe Center and the County (VPN6) and an agreement currently in place with the WRNF (VXP8), which provides $50,000 of funding for related work. 2.SCHEDULE The proposed project will begin upon execution of this agreement and end by December 31, 2023, unless extended by mutual agreement of the parties. Work by the Volpe Center in support of the tasking set forth below will commence upon approval of this agreement and availability of funding. Specific project deadlines will be documented at the working level for each task. 3.BUDGET Initial funding for tasks under this agreement is summarized in the table below. Details of the tasks and associated subtasks are presented in the remaining sections of this agreement. All costs listed in this IAA are for Volpe Center staff and on-site contractor involvement only. Costs associated with other project participants are not included. Task Description Budget Maroon Bells Comprehensive Recreation Management Plan $225,000 Total $225,000 4.SCOPE OF WORK Through this project, the Volpe Center will develop a CRMP to monitor and sustainably manage visitors recreating in the MBSA. This agreement can be amended upon agreement of the signature parties to add specific tasks. If additional work is added in the future, then the new work will be contingent upon the availability of funds and a modification will be executed to add additional funding. A modification describing the scope of work (SOW), roles and responsibilities, project schedule, and project Volpe Center Project Number: VP030022 3 funding must be developed and signed prior to beginning any work beyond what is scoped below. Work shall be on a best effort, no fee basis and charges will reflect only actual costs and no profit. Task 1. Maroon Bells Comprehensive Recreation Management Plan TASK BACKGROUND Visitation to the MBSA has increased steadily over the past 10 years with no decrease in visitation likely forthcoming. Left unmanaged, and as experienced in recent years, increased visitation can degrade natural resources and the environment, health and safety, and visitor experience. Under this agreement, the Volpe Center will develop a CRMP to sustainably monitor and manage visitors recreating in the MBSA. The CRMP will address the impacts of increasing visitation by identifying sustainable levels of access to the MBSA while accounting for local economic and other community impacts. Volpe will consider all modes of transportation and types of access as part of its planning process. The CRMP will be composed of four main sections: introduction, existing conditions and current trends, recommendations, and next steps. The involvement of stakeholders and the public from the onset of the project will be critical to ensure that all interests and concerns are considered and addressed. Volpe will utilize adaptive management to monitor and refine the accessibility levels developed as part of the comprehensive plan. 1.1 PROJECT MANAGEMENT The Volpe Center will hold monthly meetings/teleconferences with key partners and will track the financial status of the project monthly. The Volpe Center will also develop a stakeholder engagement plan to help guide the involvement of stakeholders, the public, and locally elected officials in each section of the plan and throughout the duration of the project. • Deliverable: monthly status/financial reports and meeting notes • Timeframe: on-going • Deliverable: stakeholder engagement plan • Timeframe: month one 1.2 INTRODUCTION The introduction will establish the organization and purpose of the CRMP. Stakeholders will be identified and described and the vision, goals, and objectives of the CRMP will be established in collaboration with the parties identified in the engagement plan. • Deliverable: draft and final introduction section • Timeframe: month four 1.3 EXISTING CONDITIONS AND CURRENT TRENDS Volpe Center Project Number: VP030022 4 For this section of the report, the Volpe Center will collect and analyze data on past, current, and projected recreational uses in the MBSA. These uses include, but are not limited to, hiking (1/2- day hikes, day hikes, 14er hikes, mountaineering), backpacking, biking, camping, fishing, photography, hunting, environmental education/interpretation, special events (weddings, horseback riding), search and rescue, and winter activities (cross-country skiing, snowmobiles, lake access, fat biking, etc.). This section will identify and articulate current and projected issues and challenges as well as opportunities and strengths. This section will build off of existing work and analyses, as summarized in reports such as the Maroon Bells Scenic Area Shuttle Staging Study Report as well as the region’s Comprehensive Valley Transportation Plan and destination marketing plan. • Deliverables: draft and final existing conditions and current trends section • Timeframe: month ten 1.4 RECOMMENDATIONS Based on the findings of the section above, the Volpe Center will develop strategies and actions as well as a list of specific projects and initiatives that can be taken to ensure sustainable recreational access to, experiences in, and the management of the MBSA for years to come. This section will identify resources and responsibilities for each of the above items and will create an implementation timeline for each item. • Deliverables: draft and final recommendations section • Timeframe: month fifteen 1.5 NEXT STEPS This section will include a plan for monitoring and evaluating the implementation of each recommendation to ensure that they are on-track and continue to be relevant. The Volpe Center will develop performance measures for this purpose and will identify any data needs to fulfill them. This section will also lay out a progress reporting timeline and a schedule for future updates to the plan as well. • Deliverables: draft and final next steps section • Timeframe: month eighteen 5. SCHEDULE, DELIVERABLES, AND FUNDING This project will be funded in two increments (due to funding availability): the first increment will be funded as part of the execution of this agreement in early CY 2022, the second increment will be funded in early CY 2023. Volpe Center Project Number: VP030022 5 Task Deliverable Estimated Completion (from project initiation) Estimated Cost This Agreement First Increment Second Increment Task 1.1 Project Management Ongoing $30,000 $15,000 $15,000 Task 1.2 Introduction 4 months $40,000 $20,000 $20,000 Task 1.3 Existing Conditions 10 months $75,000 $37,500 $37,500 Task 1.4 Recommendations 15 months $50,000 $25,000 $25,000 Task 1.5 Next Steps 18 months $30,000 $15,000 $15,000 Total $225,000 $112,500 $112,500 Volpe Center Resource Plan Estimated Costs This Agreement First Increment Second Increment Direct Labor $212,500 $106,250 $106,250 Contracts $0 $0 $0 Travel $12,500 $6,250 $6,250 Other $0 $0 $0 Total $225,000 $112,500 $112,500 6. ASSUMPTIONS AND CONSTRAINTS a. The County will review all deliverables and give written feedback within 2 weeks of receipt. b. The County will make available staff to ensure efficient data and document collection. 7. TERMS AND CONDITIONS a. The cost estimates in this Agreement are based on information available at the time of writing the SOW. The County and the Volpe Center will discuss and jointly agree to any significant changes to these cost estimates or reallocation of funding among the tasks and will update the SOW accordingly. If the project scope is modified or expanded, the County and the Volpe Center will modify this Agreement. b. The Volpe Center’s work shall be on a best effort basis (not fixed price) and charges will reflect only actual costs, without profit or fee. c. At the technical close out of the project (when all deliverables have been completed and all charges have been recorded), the Volpe Center will return any unexpended funds to the County in a timely manner. d. The Volpe Center will use reasonable, good faith efforts to complete the work, including procurements, in a timely and efficient manner to be able to meet the milestones in this SOW. The County and the Volpe Center will discuss and jointly agree to any significant Volpe Center Project Number: VP030022 6 changes to the schedule. If the project’s period of performance changes, the County and the Volpe Center will modify the Agreement. Stock Form 1114October 1967 Title 7, GAO manual1114-106 BILL FOR COLLECTION Bill No: 2022-VP03-247 Date: 06/07/2022 Department of Transportation/Volpe Center (Department or Establishment and Bureau or Office) 55 Broadway, Cambridge, MA 02142 (Address) PAYER:Pitkin County Attn: Brian Pettet 76 Service Center Road Aspen, Colorado 81623 Brian.pettet@pitkincounty.com This bill should be returned by the payer with his remittance. SEE INSTRUCTIONS BELOW. ***PAYABLE IN US DOLLARS*** AMOUNT DUE THIS BILL Date Description Quantity Unit Price Cost Per Amount This is not a receipt INSTRUCTIONS Tender of payment of the above may be made in cash, United states postal money order, express money order, bank draft, or check to the office indicated. Such tender, when in any other form than cash, should be drawn to the order of the Department or Establishment and Bureau or Office indicated above. Receipts will be issued in all cases where “cash’ is received, and only upon request when remittance is in any other form. If tender of payment of this bill is other than cash or United States postal money order, the receipt shall not become an acquittance until suchtender has been cleared and the amount received by the department or Establishment and bureau or Office indicated above. Failure to receive a receipt for a cash payment should be promptly reported by the payer to the chief administrative officer of the bureau or agency mentioned above. 00 06/07/2022 Per agreement between the Volpe Center and Pitkin County Please send payment to: U.S. Department of Transportation Volpe National Transportation Systems Center, Accounting Branch, V13255 Broadway Cambridge, MA 02142 $112,500 00 $112,500 51VP030022