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HomeMy WebLinkAboutbocc.res.057.2024RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE UNITED STATES FOREST SERVICE (“USFS”) ASSIGNING MAINENANCE RESPONSIBILITIES FOR ROADS ACCESSING UNITED STATES FOREST LANDS RESOLUTION NO. 057-2024 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 United Stated Forest Service wish to update their intergovernmental agreement for the purposes of cooperative planning, survey, design, construction, reconstruction, improvement, and maintenance of Forest Service Roads within the boundaries of Pitkin County, and; WHEREAS, Both Pitkin and USFS 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 USFS to enter into this agreement in order to ensure the health and welfare of the citizens of both. 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 USFS 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. 1 RESOLUTION NO. 057-2024 INTRODUCED AND FIRST READ ON THE 10TH DAY OF JULY, 2024 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 24TH DAY OF JULY 2024. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 11TH DAY OF JULY, 2024. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 11TH DAY OF JULY 2024. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 24TH DAY OF JULY 2024. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 1ST DAY OF AUGUST 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 1ST DAY OF AUGUST, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Greg Poschman, Chair Clerk to the Board Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ Richard Neiley, III Jon Peacock, County Manager Interim County Attorney 2 Revised 01/01/2024 Jul-30-2024 USDA, Forest Service OMB 0596-0217FS-1500-9 Page 1 of 8 (Rev 11-13) FS Agreement No. 24-RO-11021500-050 County Agreement No. COOPERATIVE FOREST ROAD AGREEMENT Between PITKIN COUNTY And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST PARTIES TO AGREEMENT: This agreement, made and entered into this the 2024, by and between Pitkin County, hereinafter referred to as the County and the USDA, Forest Service, White River National Forest Service. PURPOSE OF AGREEMENT: The purpose of this agreement is to set forth the general terms and conditions, acceptable to the parties hereto, for the cooperative planning, survey, design, construction, reconstruction, improvement, and maintenance of certain Forest Roads in Pitkin County, State of Colorado, pursuant to the provisions of 16 U.S.C. 532-538, 23 U.S.C. 205, and the regulations issued by the Secretary of Agriculture. The Congress has, from time to time, authorized and appropriated funds for "Forest Roads," which are defined as "those Forest roads of primary importance for the protection, administration, and utilization of the National Forests, or where necessary, for the use and development of the resources upon which communities within or adjacent to the National Forests are dependent." Recognizing that substantial benefits will accrue to the Nation and to the State from the construction, reconstruction, improvement, maintenance, and use of certain Forest roads and roads on the State or local road system over which the County has/have jurisdiction, and further that such roads carry substantial volumes of public service traffic as well as National Forest traffic, and further that the County has/have road construction, reconstruction, improvement, maintenance, and right-of-way acquisition facilities available to assist in the accomplishment of the work, it is accordingly deemed fitting and desirable to the parties hereto to express by this agreement the general terms of their mutual cooperation in that regard to achieve the maximum benefits therefrom in the public interest. 1.INTENT TO COOPERATE. It is the intention of the parties under this agreement to cooperate as follows: a.Agree that certain roads under the jurisdiction of the County or the U.S. Forest Service which serve the National Forest and also carry traffic which is properly the responsibility of the County should be maintained and, if necessary, improved to a standard adequate to accommodate safely and economically all traffic which uses such roads. b.Agree on the identification of roads or road segments which meet the criteria in item a by a listing and appropriate maps. 2nd of August, USDA, Forest Service OMB 0596-0217FS-1500-9 Page 2 of 8 (Rev 11-13) c. Provide for formal meetings and informal consultation on a regular basis to discuss and agree on action with respect to the roads identified pursuant to item b. d. Provide for regular and adequate maintenance of the roads identified in item b, including the assignment of maintenance responsibilities. e. Provide for entering into project agreements when improvements of a road under the jurisdiction of one party is to be financed in whole or in part from funds or resources provided by the other party. f. Provide for appropriate jurisdictional status of roads through transfer of easements and acquisition of easements by the appropriate party. 2. IDENTIFICATION OF ROADS. A list of roads and segments of roads which meet the criteria set forth in item 1a is agreed upon and is marked "Schedule A" and attached as part of this agreement. Schedule A may be modified from time to time by agreement between the County and U.S. Forest Service, by adding or removing roads or road segments, or by altering the description of a road or road segments, to give it proper identity. Each such modification shall be indicated by a revised Schedule A bearing the signatures of the parties or their authorized representatives and the effective date of the revision. 3. MAINTENANCE PLANS. At the annual meeting provided for in item 6, plans for maintaining the roads listed in Schedule A shall be agreed upon. Such plans shall include assignment of responsibility for maintenance or particular elements of maintenance to the County or U.S. Forest Service for each road or segment of road listed in Schedule A. To the extent practical, and subject to availability of funds, responsibility for maintenance shall be assigned in proportion to use for which each party is properly responsible. Maintenance shall include preserving and keeping the roads, including structures and related facilities as nearly as possible in their original condition as constructed or reconstructed to provide satisfactory and safe road service. Maintenance plans shall provide for prompt changes in maintenance assignments during the period of the plan upon agreement by the parties or their designated representatives. 4. PROJECT AGREEMENTS. When improvement of a road listed in Schedule A is to be financed in whole or in part from funds or resources provided by the party not having jurisdiction, the parties shall enter into a project agreement providing for performing the improvement work and its financing. A project agreement is not required for improvement of a road or a road segment over which the party performing and financing such improvement has jurisdiction. Project agreements shall be supplements to this general agreement and subject to the agreements, provisions, and conditions herein contained. USDA, Forest Service OMB 0596-0217FS-1500-9 Page 3 of 8 (Rev 11-13) a. A project agreement shall be entered into prior to beginning of improvement or construction work for which a project agreement is required. b. The project agreement shall include the following elements: 1. Identification of road or road segment to be improved or constructed. 2. Plans and specifications for the project or provision for their development and subsequent agreement thereon. 3. Schedule of construction or improvement work and designation of the party or parties to perform the work. 4. Estimates of cost of improvement or construction. 5. Agreement as to how cost of work is to be borne including arrangements to share in the work or to deposit funds with the performing party for a share of the costs. c. If funds are provided by the County on an advance basis for work to be performed by the U.S. Forest Service, they shall be deposited in the Treasury of the United States to the credit of cooperative work, U.S. Forest Service. Any unused balance of cooperative funds for the purposes outlined in the project agreement shall be returned to the County after completion of the work performed or upon agreement of the U.S. Forest Service. If the cooperative funds are made available on a reimbursement basis as the work progresses or upon its completion, the U.S. Forest Service shall submit to the County periodic billings, but not more often than monthly, or a final billing as the case may be. The amount of cooperative funds as set forth in the project agreement shall be the maximum commitment of the County to the project unless changed by a modification of the project agreement. If funds are provided by the U.S. Forest Service for work to be performed by the County the arrangements shall be set forth in the project agreement. Payments to the County shall be made as provided for in the project agreement. If it appears that the project cost may exceed the estimate and additional funds may be needed, no obligation shall arise against the Federal government with respect to the increased cost except by modification of the project agreement prior to incurring any commitment. 5. RIGHTS-OF-WAY. Easements or other interests in land acquired by either party shall be adequate to serve the road needs of both parties. The party having jurisdiction of an existing road or intended to have jurisdiction of a road to be constructed shall obtain the needed rights-of-way in its name. There shall be no provisions in any easement USDA, Forest Service OMB 0596-0217FS-1500-9 Page 4 of 8 (Rev 11-13) document that will prevent the U.S. Forest Service from using or authorizing the use of roads for which Federal funds were expended. The County must be in a position to assure the U.S. Forest Service the continuance of such uses for the period needed. The party acquiring the easement or other interest in land shall obtain such title evidence and title approval as required in its acquisitions for roads of comparable standards. The costs of such easements or other interests in land are to be at the expense of the acquiring party. The U.S. Forest Service shall cooperate in the procurement of rights-of-way over land administered by other agencies of the United States required for any project included under this agreement and shall furnish the County copies of survey notes, maps, and other records. To the extent possible under available authority, each party agrees to convey easements over lands or interests in lands it owns or administers to the other party in order to provide jurisdiction by the appropriate party as may be agreed to for any road or road segment listed on Schedule A. 6. ANNUAL MEETING AND CONTINUING CONSULTATION. The County and U.S. Forest Service shall meet at least once each year to review matters covered by this agreement and to agree on actions to implement this agreement including, but not limited to, (1) approval of changes in the listing of roads on Schedule A; (2) approval of the annual maintenance plan; (3) approval of project agreements for construction or reconstruction; and (4) approval of transfer of jurisdiction of particular roads by easement conveyance. It is also the intent of the parties to arrange for continuing consultation between their representatives with the objective of reaching prompt agreement by the parties on all matters of mutual concern which are covered by this agreement. The Forest Supervisor of the White River National Forest for the U.S. Forest Service, and the Road and Bridge Manager for the County shall be responsible for making the arrangements for formal meetings and continuing consultation. 7. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperatives, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. 8. MODIFICATION AND TERMINATION. a. This agreement may be modified by mutual consent. USDA, Forest Service OMB 0596-0217FS-1500-9 Page 5 of 8 (Rev 11-13) b. This agreement may be terminated by either party upon at least 60 days prior written notice, except that such termination shall in no way affect or change any commitment made authorizing the use of roads or rights-of-way for purposes for which Federal funds were expended, or any operation in progress at time of notice, and provided that such termination shall in no way affect the agreement of the parties hereto with respect to any obligations incurred under the agreement until a full settlement has been made. 9. MISCELLANEOUS. a. The United States shall not be liable to the recipient for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work under this award, including damage to any property owned by the recipient or any third party. b. Nothing herein contained shall be construed to obligate the U.S. Forest Service or the County beyond the extent of available funds allocated or programmed for this work, or contrary to applicable laws, rules, and regulations. c. No Member of, or Delegate to, the Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefits that may arise therefrom, unless it is made with a corporation for its general benefit. d. Where applicable, any contract, agreement, or understanding entered into pursuant to this agreement providing for work to be performed shall include the requirements of Federal laws, Executive orders, and Regulations. 10. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal County Contacts: County Program Contact County Administrative Contact DJ Hughes Road and Bridge Manager 76 Service Center Road Aspen, CO 81611 Telephone: 970-920-5391 FAX: 970-920-5374 Email: dj.hughes@pitkincounty.com Romany Iacono Public Works Specialist/Land Manager 76 Service Center Road Aspen, CO 81611 Telephone: 970-920-5390 FAX: 970-920-5374 Email: romany.iacono@pitkincounty.com USDA, Forest Service OMB 0596-0217FS-1500-9 Page 6 of 8 (Rev 11-13) Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Daniel Woolley Civil Engineer 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: 970-945-3308 FAX: 970-945-3266 Email: daniel.woolley@usda.gov Clark Woolley Forest Partnership Coordinator 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: 970-948-9803 Email: clark.woolley@usda.gov Alex Specht Grants Management Specialist 900 Grand Avenue Glenwood Springs, CO 81601 Telephone: 720-689-6932 alex.specht@usda.gov 11. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). Shall maintain current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when needed, of organizational information after the initial registration. More frequent review and updates may be required for changes in organizational information or agreement term(s). Any change to the original UEI provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. 12. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of last signature and is effective through June 1, 2029 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement. USDA, Forest Service OMB 0596-0217FS-1500-9 Page 8 of 8 (Rev 11-13) 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 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. Schedule A: Exhibit C - Map 1 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ± Pikin County Cooperative Forest Road Agreement - White River National Forest Begin 300.3 End 300.3 End 321.1 Begin 321.1 Begin 800.1 End 800.1 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Schedule A: Exhibit C - Map 2 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ± Pikin County Cooperative Forest Road Agreement - White River National Forest Begin 1C End 1C End 306.1 Begin 306.1 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Schedule A: Exhibit C - Map 3 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ± Pikin County Cooperative Forest Road Agreement - White River National Forest Begin 310.1 End 310.1 End 306.1 Refer to Map 3A for 308.1A End 307.1 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 3D End 3D Begin 307.1 ± Schedule A: Exhibit C - Map 4 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest 317.1 End 311.1 Begin 311.1 End 316.1 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 316.1 Schedule A: Exhibit C - Map 5 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest 522.1 (See Map 5A) End 513.1 Begin Fryingpan 1 (Co. 4) Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 4A Begin 4B End 4A Begin 18 End 526.1 End 103.2 End 18 Begin 103.2 Begin 513.1 Begin 526.1 Begin 508.1 End 508.1 ± Schedule A: Exhibit C - Map 6 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest 105.4A End 538.1M End Fryingpan 2 (Co. 4) Begin Fryingpan 3 (FS 105.1) End 4I End 506.1 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 105.3A Begin 506.1 Begin 4B End 4B End 504.1 End 504.1E End Fryingpan 3 Begin 538 Begin 504.1 Begin 504.1E End 105.3A End Fryingpan 1 (Co. 4) Begin Fryingpan 2 (Co. 4) End 538.1 Begin 538.1M Fryingpan 1 (Co. 4) Begin 4I Schedule A: Exhibit C - Map 7 White River NF - Pitkin Co. Schedule A Roads 1 0 1 20.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest End 13 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 13 Schedule A: Exhibit C - Map 8 White River NF - Pitkin Co. Schedule A Roads1 0 1 20.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest 107.1 End 21 End 130.3A Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 130.3A Begin 21 Schedule A: Exhibit C - Map 9 White River NF - Pitkin Co. Schedule A Roads1 0 10.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest 127.1 End 15CEnd 129.1 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 129.1 Begin 15C 121.1 Schedule A: Exhibit C - Map 10 White River NF - Pitkin Co. Schedule A Roads0 1 2 30.5 Miles ±Pikin County Cooperative Forest Road Agreement - White River National Forest 107.1 End 23 Disclaimer: This map is intended to be used as an exhibit only to assist the parties in identifying cooperative road activities as authorized by the agreement. The map is not accurate by surveying standards, does not accurately define jurisdictional boundaries, and does not comply wiith National Mapping Accuracy Standards. Begin 23