HomeMy WebLinkAboutbocc.res.013.20231
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (“BOCC”) OF PITKIN COUNTY,
COLORADO AUTHORIZING, THE BOCC TO ENTER
INTO A COLLECTION AGREEMENT WITH THE US
DEPARTMENT OF AGRICULTURE, US FOREST
SERVICE THAT ASSIGNS RESPONSIBILITY TO THE
USFS TO INVESTIGATE AND/OR IMPLEMENT
ACTIONS TO PROMOTE BEAVER UTILIZATION OF
HEADWATER STREAMS ON THE FOREST TO
PROMOTE WATERSHED HEALTH AND
OCCUPATION BY NATIVE AQUATIC SPECIES.
RESOLUTION NO. 013-2023
RECITALS
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, the Healthy Rivers Program has investigated means to promote beaver
utilization in the Roaring Fork Watershed and staff has worked with the USFS’s West Zone
Fisheries Biologist, to create a plan for a beaver inventory project which the program will
fund for $50,000;
WHEREAS, the BOCC recommended the project at its work session on January 24, 2023
and directed staff to draft a resolution authorizing the county to enter into a collection
agreement with the USFS;
WHEREAS; the purpose of this Collection Agreement is to assign responsibility for U.S.
Forest Service costs to investigate and/or implement potential management actions to
promote beaver utilization of headwater streams on the Forest so as to promote watershed
health and occupation by native aquatic species. In 2022, the County proposed funding
pro-beaver management actions on the Forest. Based on discussion between the Director of
the Pitkin County Healthy Rivers Program and the West Zone Fisheries Biologist, it was
determined that an inventory would provide baseline information and context that would be
needed to pursue future pro-beaver management actions on the Forest. This beaver
inventory will occur on National Forest System Lands managed by the White River
National Forest within the Roaring Fork River watershed in and around Pitkin County,
Colorado.
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby Adopts a Collection Agreement with the US
Department of Agriculture, US Forest Service that assigns responsibility to the USFS to
investigate and/or implement actions to promote beaver utilization of headwater streams on
the forest to promote watershed health and occupation by native aquatic species. and
Contract No. 083-2023
Attached
2
authorizes the Chair to sign the Resolution and upon the satisfaction of the County
Attorney as to form, execute any other associated documents necessary to complete this
matter.
Attachments:
Collection Agreement
Excel Spreadsheet
USFS Work Plan
INTRODUCED AND FIRST READ ON THE 8th DAY OF FEBRUARY, 2023 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 22ND DAY OF
FEBRUARY 2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 9TH DAY OF
FEBRUARY, 2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE 9TH DAY OF FEBRUARY 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 22ND DAY
OF FEBRUARY 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 23RD DAY OF FEBRUARY 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN DAILY NEWS ON THE 2ND DAY OF MARCH, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Julia Ely Francie Jacober, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________
John Ely, County Attorney
_________________________________
Phylis Mattice for Jon Peacock, County
Manager
Feb-28-2023
USDA, Forest Service
OMB 0596-0217
FS-1500-11
Page 1 of 6 (Rev. 11-13)
FS Agreement No.23-CO-11021500-018
Cooperator Agreement No.
COLLECTION AGREEMENT
Between
PITKIN COUNTY
And The
UNITED STATES DEPARTMENT OF AGRICULTURE,
U.S. FOREST SERVICE
WHITE RIVER NATIONAL FOREST
ASPEN-SOPRIS RANGER DISTRICT
This COLLECTION AGREEMENT is hereby entered into by and between Pitkin County,
hereinafter referred to as the County , and the United States Department of Agriculture
(USDA), Forest Service, White River National Forest, Aspen-Sopris Ranger District, hereinafter
referred to as the U.S. Forest Service, under the provisions of the The Cooperative Funds Act
of June 30, 1914 (16 U.S.C. 498 as amended by Pub. L. 104-127).
Background: The U.S. Forest Service, as an agency of the United States of America, is
responsible for management of National Forest System (NFS) lands and therefore, is responsible
for the management, use, and stewardship of natural and cultural resources on national forests
and grasslands. The Cooperative Funds Act of 1914 allows the U.S. Forest Service to collect
contributions for forest investigation, protection, management and improvement work on the
NFS lands that are the responsibility of the U.S. Forest Service.
The purpose of this Collection Agreement is to assign responsibility for U.S. Forest Service costs
to investigate and/or implement potential management actions to promote beaver utilization of
headwater streams on the Forest so as to promote watershed health and occupation by native
aquatic species. In 2022, the County proposed funding pro-beaver management actions on the
Forest. Based on discussion between the Director of the Pitkin County Healthy Rivers Program
and the West Zone Fisheries Biologist, it was determined that an inventory would provide
baseline information and context that would be needed to pursue future pro-beaver management
actions on the Forest. This beaver inventory will occur on National Forest System Lands
managed by the White River National Forest within the Roaring Fork River watershed in and
around Pitkin County, Colorado.
This Collection Agreement is not a commitment to or approval of any activities that are subject
to completion of environmental analysis, NEPA and other procedures; project work associated
with this agreement are consist of normal protection and management of the National Forest
System.
Title: Beaver Investigations and Projects
083-2023
USDA, Forest Service
OMB 0596-0217
FS-1500-11
Page 2 of 6 (Rev. 11-13)
I. PURPOSE: The purpose of this agreement, and incorporated Financial Plan, is to document
the voluntary contribution of funds from the County to the U.S. Forest Service to implement
partnership activities intended to further future pro-beaver management actions on National
Forest System lands in the Roaring Fork River watershed in and around Pitkin County,
Colorado, managed by the U.S. Forest Service. Activites include but not limited to a beaver
inventory of several headwater subwatersheds of the Roaring Fork River watershed. This
Collection Agreement is considered to be mutually beneficial to the Cooperator and the U.S.
Forest Service. As such, the U.S. Forest Service agrees to waive recovery of indirect costs.
Funds provided to the U.S. Forest Service are available for the period of performance of this
Agreement.
II. THE COUNTY SHALL:
A. LEGAL AUTHORITY. The County shall have the legal authority to enter into this
agreement, and the institutional, managerial, and financial capability to ensure proper
planning, management, and completion of the project, which includes funds sufficient to
pay the nonfederal share of project costs, when applicable.
B. Perform in accordance with the Financial Plan.
C. Upon presentation of a Bill for Collection, deposit with the U.S. Forest Service the
amount agreed to in the Financial Plan.
D. Acknowledge and understand that: (a) the U.S. Forest Service will conduct its operations
in an independent manner and (b) nothing in this agreement shall be construed in any
manner as an obligation by the Government to guarantee a favorable decision to the
Cooperator or to obligate the Government to any future action.
E. Acknowledge and understand that emergencies, such as wildfire, may have an impact on
the workload demands of the U.S. Forest Service, and thus the time frame for the U.S.
Forest Service work covered by this agreement.
F. Provide funding in the amount of $50,000.00 for the execution of the beaver inventory as
outlined in the attached Financial Plan and described in the Plan of Work.
III. THE U.S. FOREST SERVICE SHALL:
A. ADVANCE BILLING. The maximum total cost liability to the County for this
agreement is $50,000.00. The U.S. Forest Service shall bill the County prior to
commencement of work for deposits sufficient to cover the estimated costs for the
specific payment period. Overhead will not be assessed.
Billing Method: Lump sum payment
Billings must be sent to:
Pitkin County Healthy Rivers Program
USDA, Forest Service
OMB 0596-0217
FS-1500-11
Page 3 of 6 (Rev. 11-13)
Att.: Lisa Tasker
530 East Main Street, STE 301
Aspen, CO 81611
Email: lisa.tasker@pitkincounty.com
B. Perform in accordance with the attached Plan of Work and Financial Plan.
IV.IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE
PARTIES THAT:
A.voluntarily for services furnished by the U.S.
Forest Service, without regard for any particular outcome, proposal, and/or application.
B.
C. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Lisa Tasker
530 E. Main St., STE 301
Aspen, CO 81611
Telephone: 970-309-2139
Email: lisa.tasker@pitkincounty.com
530 E. Main St., STE 301
Aspen, CO 81611
Telephone: 970-
Email:@pitkincounty.com
Principal U.S. Forest Service Contacts:
U.S. Forest Service
Program Manager Contact
U.S. Forest Service
Administrative Contact
Clark Woolley
Partnership Coordinator
900 Grand Avenue
Glenwood Springs, CO
Telephone: 970-948-9803
Email: clark.woolley@usda.gov
R. Clay Ramey
West Zone Fisheries Biologist
94 CR 244
Rifle, CO 81650
White River National Forest
Telephone: 540-325-2327
robert.ramey@usda.gov
Alex Specht
Grants Management Specialist
900 Grand Ave
Glenwood Springs, CO 81601
Telephone: (605) 515-8812
Email: alex.specht@usda.gov
USDA, Forest Service
OMB 0596-0217
FS-1500-11
Page 4 of 6 (Rev. 11-13)
D. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent
or obligated for the project(s) approved under this agreement, may be refunded to the
County, authorized for use for a new agreement by the County, or waived by the County.
A Data Universal Numbering System (DUNS) number and registration in the System for
Award Management (SAM) by the County may be necessary to process a refund. Due to
processing costs, any balance less than $25 shall not be refunded to the County.
E. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to,
Congress shall be admitted to any share or part of this agreement, or benefits that may
arise therefrom, either directly or indirectly.
F. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must
not be limited, except when such records must be kept confidential and would have been
exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C.
552). Requests for research data are subject to 2 CFR 215.36.
Public access to culturally sensitive data and information of Federally-recognized Tribes
may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm
Bill).
G. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the
U.S. Forest Service or the County from participating in similar activities with other
public or private agencies, organizations, and individuals.
H. ENDORSEMENT. Any of the County contributions made under this agreement do not
by direct reference or implication convey U.S. Forest Service endorsement of the
County's products or activities.
I. NOTICES. Any communication affecting the operations covered by this agreement by
the U.S. Forest Service or the County will be sufficient only if in writing and delivered in
person, mailed, or transmitted electronically by e-mail or fax, as follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To the County, at the County
address designated within the agreement.
Notices are effective when delivered in accordance with this provision, or on the effective
date of the notice, whichever is later.
J. TERMINATION FOR COLLECTION AGREEMENTS. Either party, in writing, may
terminate this agreement in whole, or in part, at any time before the date of expiration.
USDA, Forest Service
OMB 0596-0217
FS-1500-11
Page 5 of 6 (Rev. 11-13)
The U.S. Forest Service shall not incur any new obligations for the terminated portion of
this agreement after the effective date of termination and shall cancel as many obligations
as possible. Full credit must be allowed for U.S. Forest Service expenses and all non-
cancelable obligations properly incurred up to the effective date of termination.
K. DEBARMENT AND SUSPENSION. The County shall immediately inform the U.S.
Forest Service if they or any of their principals are presently excluded, debarred, or
suspended from entering into covered transactions with the Federal Government
according to the terms of 2 CFR Part 180. Additionally, should the County or any of
their principals receive a transmittal letter or other official Federal notice of debarment or
suspension, then they shall notify the U.S. Forest Service without undue delay. This
applies whether the exclusion, debarment, or suspension is voluntary or involuntary.
L. MODIFICATIONS. Modifications within the scope of this agreement must be made by
mutual consent of the parties, by the issuance of a written modification signed and dated
by all properly authorized, signatory officials, prior to any changes being performed.
Requests for modification should be made, in writing, at least 60 days prior to
implementation of the requested change. The U.S. Forest Service is not obligated to fund
any changes not properly approved in advance.
M. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date
of the last signature, and is effective through December 31, 2027 at which time it will
expire. The expiration date is the final date for completion of all work activities under
this agreement.
N. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this agreement. In witness
whereof, the parties hereto have executed this agreement as of the last date written below.
, Date
SCOTT G. FITZWILLIAMS, Forest Supervisor
U.S. Forest Service, White River National Forest
Date
SCOTT FITZWILLIAMS Digitally signed by SCOTT FITZWILLIAMS
Date: 2023.02.27 13:06:12 -07'00'
USDA, Forest Service
OMB 0596-0217
FS-1500-11
Page 6 of 6 (Rev. 11-13)
The authority and format of this agreement have been reviewed and approved for
signature.
ALEX SPECHT
U.S. Forest Service, Grants Management Specialist
Region 2, Rocky Mountain Region
Date
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
rograms.) Persons with disabilities who require alternative
202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free
(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is
an equal opportunity provider and employer.
23-CO-11021500-018
Plan of Work
Beaver Inventory
U.S. Forest Service will utilize Pitkin County Healthy Rivers Program funding to conduct a
beaver inventory on a subset of sub-watersheds in the Roaring Fork watershed. The empirical
data collected and analyzed will help inform the West Zone Fisheries program as to the spatial
distribution of beaver and the extent and suitability of the available habitat. This information is
crucial in monitoring and evaluating current Forest management practices regarding beavers and
watershed health, and in planning future pro-beaver management actions if they are determined
to be warranted.
This funding will be utilized to cover personnel costs, a vehicle, a small amount of personal
equipment necessary for each seasonal to perform their work and housing costs/stipend.
This funding will cover costs associated with fielding Biological Technicians (Fisheries) for the
summer/fall field season. Direction and guidance will be provided by the West Zone Fisheries
Biologist.
Expectations of seasonal employees are that they bring an accumulation of fisheries and related
experience sufficient to conduct this inventory at a professional level of quality and to do so
largely independently, seeking guidance as necessary. They will assist in the refinement of the
draft survey protocol, collect data using that standardized protocol, store the acquired data in an
appropriate manner, and may assist in developing and executing spatial, statistical, and other
summaries and analyses. They will produce a written report of their inventory efforts and
findings by the end of their field season. This report will be provided to Pitkin County Healthy
Rivers by December 31, 2023.
Funding will provide a suitable vehicle for the use of the inventory crew as they will require a
dedicated means of transportation to cover the expansive survey area. The crew will be provided
with waders and several small instruments to conduct their survey.
Some portion of funds will be spent to defray the costs of the crew in obtaining short term
housing in the area. The cost of living in the project area is beyond the means of seasonal
employees and the Forest Service bunkhouses are expected to be at their maximum utilization.
U.S. Forest Service OMB 0596-0217
FS-1500-18
Forest Service Agreement #
Subtotal Subtotal
Combined
Subtotals
# of
Days $/Day
100.00 $193.00 $19,300.00 $19,300.00
80.00 $173.00 $13,840.00 $13,840.00
40.00 $375.00 $15,000.00 $15,000.00
220.00 $33,140.00 $15,000.00 $48,140.00
Vehicle
Mileage
Cost or
Airfare
Cost
# of
Trips /
Months
PerDiem
and
Lodging
1300.00 5 $6,500.00 $6,500.00
$0.00 $0.00
$1,300.00 5 $0.00 $6,500.00 $0.00 $6,500.00
Unit
Cost Quantity
$9,000.00 1 $9,000.00 $9,000.00
$0.00
$9,000.00 1 $9,000.00 $0.00 $9,000.00
Unit
Cost Quantity
$54.40 25 $1,360.00 $1,360.00
$0.00 $0.00
$0.00 $0.00
$54.40 25 $1,360.00 $0.00 $1,360.00
Cooperator
Contribution
FS Non-Cash
Contribution
Line Item Cost Subtotals
COST ELEMENTS and related data
Forest Fisheries Biologist
Resource Specialists (List all personnel):
Seasonal Employee (Est. GS-7 Level)
PERSONNEL
EQUIPMENT
SUPPLIES
23-CO-11021500-018 Cooperator Agreement #
Collection Agreement Financial Plan
Cooperator and FS Contributions
TRAVEL
Subtotal, Personnel:
Subtotal, Travel:
Subtotal, Equipment:
Name and Type of Equipment:
Full size 4x4 pickup
Seasonal Employee (Est. GS-6 Level)
Explanation of trips:
From Where/To Where/For Whom
Travel Per Diem (Short Term Rental)
Name and Type of Supplies:
Supplies: waders, clino, camera, tape measure, etc.
Subtotal, Supplies:
U.S. Forest Service OMB 0596-0217
FS-1500-18
$0.00
$0.00
$0.00 $0.00 $0.00
$0.00
$0.00
$0.00 $0.00 $0.00
$50,000.00 $15,000.00 $65,000.00
Insert
Rate
Here:0.0%$0.00 $0.00
$50,000.00 $15,000.00 $65,000.00
$65,000.00
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of
an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866)
632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an
equal opportunity provider and employer.
Describe Contracts that will most likely result from this project:
$0.00
TOTAL PROJECT COSTS
OTHER
Describe Other Costs of the Project:
NA
OVERHEAD ASSESSMENT
(if applicable, see FSH 1909.13)
Total Pass-Through Costs
TOTAL DIRECT CHARGES
Subtotal, Other:
Total Party Costs
CONTRACTUAL
Subtotal, Contractual:
NA