HomeMy WebLinkAbout20080213biketrailAGENDA ITEM SUMMARY
WORKSESSION OR REGULAR MEETING DATE: February 13, 2008
AGENDA ITEM TITLE: ORDINANCE APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH
GARFIELD COUNTY FOR ITS ASSISTANCE WITH
THE CONSTRUCTION OF PHASE 1 OF THE
CRYSTAL VALLEY BICYCLE TRAIL
STAFF RESPONSIBLE: Dale Will
SUMMARY OF ISSUE: Garfield County appropriated $50,000 in 2007 toward the first
phase of the Crystal Bike Trail, and requires an IGA regarding the transfer of those funds to a
Pitkin County Open Space account that is reserved for that use. Garfield County has
approved the attached IGA. A similar IGA will be required to collect an additional $50,000
appropriated for 2008.
BACKGROUND:
Pursuant to a 2004 IGA with Carbondale and Garfield County, the Open Space Department
has coordinated the design of the first phase of the Crystal Trail and we are anticipating a
CDOT permit for the same this winter or spring. Our Crystal Watershed GOCO Legacy
Grant award includes $1,000,000 for this project. We anticipate additional discussions with
the Open Space Board and Board of County Commissioners regarding budget changes as
may be needed for the Pitkin County portion of this trail once our permit is finalized and our
construction costs are known.
KEY DISCUSSION ITEMS:
Staff approached Garfield County last year and requested that the 2007 funds simply be
carried over and combined with their additional appropriation for this year. However, it
is the policy of the Garfield BOCC to either expend funds appropriated in a calendar year,
or release them. At our request, Garfield County approved the attached IGA and has now
transferred the 2007 funds to Pitkin County, and now seeks your ratification of the
agreement.
RECOMMENDED BOCC ACTION:
Approve the Ordinance authorizing Pitkin County to enter into Intergovernmental
Agreements with Garfield County accepting its assistance with construction of the first
phase of the Crystal Bike Trail.
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Ordinance # -2008
Fage Z
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH GARFIELD COUNTY FOR
ITS ASSISTANCE WITH THE CONSTRUCTION OF PHASE 1 OF THE
CRYSTAL VALLEY BICYCLE TRAIL
ORDINANCE # -2008
Recitals
1. The construction of abicycle-pedestrian trail along Highway 133 in the Crystal
River drainage has been a longstanding community interest as recognized in Crystal River
Valley Bicycle Trail Study (Pitkin County 1994) the Club 20 "Missing Links" report
(1996), the Pitkin County Crystal River Master Plan (2003), the West Elk Loop Scenic
Byway Crested Butte to Carbondale Trail Feasibility Report (2008); and
2. The Town of Carbondale has constructed the first legs of this trail which
currently extend from Highway 82 down Highway 133 to 5nowmass Drive; and
3. The Highway 133 Scenic and Historic Byway Committee has completed the
West Elk Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report
(2008) which analyzes feasible trail alignments to connect those towns and suggests that
Phase 1 ("Phase 1") on the Roaring Fork side to utilize the Highway 133 right of way to
extend the existing Carbondale trail approximately 4.3 miles up to Thompson Creek
("Byway Trail Phase 1"); and
4. Pursuant to an IGA signed in 2008 between Carbondale, Pitkin and
Garfield Counties, the Open Space Department has completed a trail design and has a
permit application pending with the Colorado Department of Transportation for the first
phase of this trail.
5. Garfield County budgeted $50,000 toward construction costs for 2008, and
prefers to transfer those funds to Pitkin County per annual appropriation, and requires an
IGA for this transfer.
NOW, THEREFORE, BE IT ORDAINED, that the Board of County
Commissioners approves the attached Intergovernmental Agreement which authorizes
Pitkin County to receive and hold $50,000 in Garfield County Funds for use in the
construction of Phase 1 of the Crystal Bike Trail, and to return those funds if they are not
so utilized. The Board further authorizes an additional IGA to address the receipt of an
additional $50,000 from Garfield County as appropriated for 2008.
Ordinance # -2008
Page 3
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE
23nd DAY OF January 2008.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 27th DAY OF January 2008.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
13th DAY OF February 2008.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
24th DAY OF February, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Jeanette Jones Jack Hatfield, Chairman
Deputy Clerk & Recorder
Date:
APPROVED AS TO FORM:
MANAGER APPROVAL:
John Ely, County Attorney Hilary Fletcher, County Manager
INTERGOVERNMENTAL AGREEMENT CONCERNING TRAILS
PLANNING GRANT TO PTTKIN COUNTY
THIS AGREEMENT is made and entered as of the ~ ~ ~ day of
i~ec~e r+n~ Look- , by and between PTTKIN COUNTY, COLORADO, by and
through the Pitkin County Board of County Commissioners ("Pitkin County"),
GARFIELD COUNTY, COLORADO, by and through the Garfield County Board of
County Commissioners ("Garfield County"), collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, the construction of abicycle-pedestrian trail along Highway 133 in
the Crystal River drainage has been a longstanding community interest as recognized in
Crystal River Valley Bicycle Trail Study (Pitkin County 1994) the Club 20 "Missing
Links" report (1996), the Pitkin County Crystal River Master Plan (2003), the West Elk
Loop Scenic Byway Crested Butte to Carbondale Trail Feasibility Report (2004); and
WHEREAS, the Town of Carbondale has constructed the first legs of this trail
which currently extends to Snowmass Drive along Highway 133,; and
WHEREAS, the Highway 133 Scenic and Historic Byway Committee received
funds from the Federal Highway Administration as well as Gunnison County and Pitkin
County to complete the West Elk Loop Scenic Byway Crested Butte to Carbondale Trail
Feasibility Report (2004) which proposes to utilize the Highway 133 right of way to
extend the existing Carbondale trail approximately 5.3 miles up to the BRB subdivision
("Byway Trail Phase 1"); and
WHEREAS, the Byway Trail Phase 1 would traverse the Town of Carbondale,
unincorporated Garfield County, and unincorporated Pitkin County; and
WHEREAS, a prior IGA between the Parties and the Town of Carbondale
facilitated completion of engineering work and a permit application to the Colorado
Department of Transportation ("CDOT"); and
WHEREAS, final CDOT action on the permit is anticipated in early 2008; and
WHEREAS, on December 3, 2007, Pitkin County and the Town of Carbondale
were awarded a $5,000,000 Legacy Grant by Great Outdoors Colorado which includes
$1,000,000 for the construction of the Byway Trail Phase l ;and
WHEREAS Garfield County appropriated $50,000 in 2007 toward this project
and it is anticipated these funds will be needed for construction during 2008; and
NOW THEREFORE, in consideration of the mutual benefits to be derived from
this Agreement, the parties agree as follows:
ARTICLE ONE
STATEMENT OF PURPOSE
The purpose of this Agreement is to provide a mechanism so that Garfield County
funds can be accumulated in a Crystal Trail Construction Fund held by Pitkin County for
the sole and exclusive purpose of constructing that portion of the Byway Trail Phase 1
lies in unincorporated Ga~eld County.
ARTICLE TWO
SCOPE OF SERVICES
A. Pitkin County; Pitkin County will use funds provided by Garfield
County to construct amulti-use trail parallel to State Highway 133,
referred herein as Byway Trail Phase 1, within unincorporated
Garfield County.
B. Ga~eld County: Garfield County pay Pitkin County $50,000.
ARTICLE THREE
PERIOD OF AGREEMENT
Upon the signing of this Agreement, the obligations of Pitkin County shall be in
effect and must be completed on or before December 15, 2009, unless renewed prior to
that date. Upon the signing of this Agreement, the obligations of Garfield County shall be
in effect and must be completed on or before December 31, 2007, unless renewed prior to
that date.
ARTICLE FOUR
TERMINATION BY EITHER PARTY
A. Either party may terminate this Agreement on ninety (90) days' notice to
the other party if it is reasonably deemed by either party that the Agreement is not
fulfilling the objectives of either party.
B: Upon termination Pitkin County shall produce any unutilized funds
provided by Garfield County.
C. This Agreement may be renewed provided that mutually agreeable terms
are reached between the parties.
ARTICLE FIVE
PITKIN COUNTY'S DUTIES
A. Pitkin County shall expend funds provided by Garfield County solely on
trail construction within Garfield County.
B. Pitkin County shall keep records of its expenditures showing the funds
spent on trail construction within Garfield County under this Agreement for a minimum
of three years following completion of this Agreement
C. Pitkin County shall be prepared to present a report to Garfield County
during a public meeting demonstrating its expenditure of funds under this Agreement.
ARTICLE SIX
INSURANCE /INDEMNIFICATION
Pitkin County will add Garfield County as an additional named insured on
its comprehensive general liability insurance policy, which insurance shall be maintained
by the Grantee to provide protection against liability from claims arising out of this
Agreement. Pitkin County shall, upon written request therefore from Garfield County,
provide a Certificate of Insurance as verification of compliance with these requirements.
Nothing in this Agreement, however, is intended or shall be construed to constitute a
waiver on the part of Pitkin County or GarFeld County of the provisions of Section 24-
10-101 et seq., Colorado Revised Statutes, commonly known as the Colorado
Governmental Immunity Act.
ARTICLE SEVEN
NOTICE
Any notice provided for in this Agreement shall be given in writing by registered
or certified mail, return receipt requested, which shall be addressed as follows:
Garfield County:
Don Duford
County Attorney
Garfield County
108 8th Street
Glenwood Springs, Colorado 81601
Pitkin County
Dale Will, Director
Pitkin County Open Space and Trails
530 E. Main St., Ste 301
Aspen, CO 81611
ARTICLE EIGHT
MODIFICATIONS AND WAIVER
Pitkin County shall not assign any rights of duties under the Agreement to a third
party without the written consent of Ga~eld County, which shall determine the
acceptability of the third party to Garfield County. However, it is understood that Pitkin
County will use sub-contract consultants in performance of this Agreement.
ARTICLE NINE
MISCELLANEOUS PROVISIONS
A. Funds Remaining,at the end of this Agreement. If Pitlcin County does not
expend all funds provided by Garfield County under this Agreement for the purposes
contained herein, Pitkin County shall return unused funds to Garfield County.
B. Independent Contractor. The parties of this Agreement intend that the
relationship of Pitkin County to the Garfield County is that of an independent contractor.
No agent, employee or volunteer of Pitkin County shall be deemed to be an agent,
employee or volunteer of Garfield County.
C. Successors. This Agreement shall be binding upon and inure to the
benefit of Pitkin County, Garfield Caunty and their respective heirs, legal representatives,
executors, administrators, successors and assigns; provided, however, that neither party
may assign nor delegate any of its rights or obligations under this Agreement without first
obtaining the written consent of the other party.
D. No Third-Party Beneficiaries. No third party may enforce or rely upon
this Agreement.
E. Budget/Appropriation. Notwithstanding anything to the contrary
contained in this Agreement, the parties shall have no obligations under this Agreement,
nor shall any payment be made in respect of any period after any December 31 of each
calendar year during the term of this Agreement, without an appropriation therefore by
each party in accordance with a budget adopted by the governing bodies of the parties in
compliance with the provisions of Article 25 of Title 30, C.R.S., the Local Government
Budget law (§ 29-1-101 et seq.), and the TABOR Amendment (Colo. Constitution,
Article X, Sec. 20).
F. Costs. In the event that a dispute should arise relating to the performance
of the services to be provided under this Agreement, and should that dispute result in
litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable
costs incurred in the defense of the claim, including staff time, court costs, attorney's
fees, and other claim-related expenses.
G. Severability. Should any part term, portion or provision of this Agreement
be finally decided to be in conflict with any law of the United States or of the State of
Colorado, or otherwise unenforceable or ineffectual, the validity of the remaining parts,
terms, portion or provision shall be deemed severable and shall not be affected thereby,
provided such remaining portions or provisions can be construed in substance to
constitute the agreement which the parties intended to enter into in the first instance.
H. Amendment. This Agreement may only be amended by a written
agreement signed by the parties hereto and approved by the Garfield County
Commissioners and Pitlcin County.
J. Time of Payment. Ga~eld County shall provide $50,000.00 to Pitkin
County for the purposes of this Agreement by December 28, 2007.
NOW, IN WITNESS TO THIS AGREEMENT, Pitkin County, Garfield County,
have signed and executed this Agreement this I'll day of 'D c c ~e -~. bQ r 2007,
// Rest of Page is Blank. Signature Page follows //
PITKIN COUNTY:
Board of County Commissioners
ATTEST:
Pitkin County County Clerk
GARFIELD
Chairman,
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