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HomeMy WebLinkAbout09284RESOLUTION NO. 9284 A RESOLUTION APPROVING AN AGREEMENT AND ALLOCATING FUNDS IN THE AMOUNT OF $4,500.00 FOR A FOREST MANAGEMENT PLAN FOR PUEBLO MOUNTAIN PARK BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND COLORADO STATE FOREST SERVICE, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME WHEREAS, the City of Pueblo desires to have a Forest Management Plan for Pueblo Mountain Park; and WHEREAS, Colorado State Forest Service has the expertise and knowledge to provide a Forest Management Plan for Pueblo Mountain Park; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The agreement dated May 14, 2001, between Pueblo, A Municipal Corporation and Colorado State Forest Service, relating to the creation of a Forest Management Plan for Pueblo Mountain Park, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Atttorney, is hereby approved. SECTION 2. Funds in the amount of $4,500.00 for the Forest Management Plan for Pueblo Mountain Park shall be expended from Account Number 401- 000 - 600.70.10, Project Number CP0098. Section 3. The President of the Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: May 14, 2001 BY: Corinne APPROVED: OF CITY COUNCIL ATTESTED BY:. �',ITY CLERK a 3 Background Paper for Proposed RESOLUTION AGENDA ITEM # 4 DATE: MAY 14, 2001 DEPARTMENT: PARKS & RECREATION TITLE A RESOLUTION APPROVING AN AGREEMENT AND ALLOCATING FUNDS IN THE AMOUNT OF $4,500.00 FOR A FOREST MANAGEMENT PLAN FOR PUEBLO MOUNTAIN PARK BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND COLORADO STATE FOREST SERVICE, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME ISSUE Should City Council approve an agreement with Colorado State Forest Service in the amount of $4,500.00 for the purpose of preparing a Forest Management Plan for Pueblo Mountain Park which is located in Beulah, Colorado. RECOMMENDATION Approval of the Resolution BACKGROUND In order to address the mountain pine beetle infested Ponderosa trees and the potential danger for wildfires, the City requested Colorado State Forest Service to submit a proposal for the creation of a Forest Management Plan for Pueblo Mountain Park located in Beulah, Colorado. The Forest Management Plan for Pueblo Mountain Park would include the identification and mapping of all mountain pine beetle infested Ponderosa trees, an analysis and inventory of the current condition of the forest resources and their relationship to the surrounding properties and recommendations for the future management of these resources which would address long term problems in the park while conserving park values. During the preparation of this plan, the State District Forester will collaborate with representatives from the Mountain Park Environmental Center. The Forest Management Plan is tentatively set to be completed by March 1, 2002. FINANCIAL IMPACT Colorado State Forest Service will prepare the Pueblo Mountain Park Forest Management Plan for a cost of $4,500.00. Funds for this plan will be provided from the Lottery Funds and all expenditures charged to Account Number 401 - 000 - 600.70.10, Project Number CP0098. SERVICE AGREEMENT THIS AGREEMENT, made this 14th day of May, 2001, by and between City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, hereinafter referred to as the LANDOWNER, and the State Board of Agriculture in behalf of the Colorado State Forest Service, Canon City District, hereinafter referred to as the CONTRACTOR; and WHEREAS, the CONTRACTOR has the expertise to provide forest practice services; and WHEREAS, the LANDOWNER desires to implement forest practices described in this Agreement. NOW, THEREFORE, it is hereby agreed that: 1. LANDOWNER warrants that they are the owner of the property described as follows, or have obtained authority from the owner of said property to grant all rights to the CONTRACTOR provided for in this Agreement. The property is described as follows: Pueblo Mountain Park; Township 23 South, Range 68 West, Section 16, EXCLUDING the SE 1 /4 of the SE 1 A of said section. 2. LANDOWNER grants to CONTRACTOR the right of access to the above described property for the following purposes: To inventory, measure and assess the forest resources of Pueblo Mountain Park and to prepare a written forest stewardship plan that explains the current state of the forest resources and provides recommendations for future management of those resources, generally following the outline set forth in the letter dated April 13, 2001 from the Colorado State Forest Service. Said inventory shall include the marking and mapping of any tree currently infested with mountain pine beetles. 3. CONTRACTOR agrees to provide the services specified in Paragraph 2 of this Agreement in consideration for: Four thousand five hundred dollars ($4,500). Payment will be due as invoiced by the CONTRACTOR to the LANDOWNER upon completion and delivery of the written forest stewardship plan. 4. It is understood between the LANDOWNER and the CONTRACTOR that this Agreement shall begin on the date of execution of this agreement by both parties and shall remain in force until February 28, 2002 or until all terms of this agreement are met by both parties, whichever occurs first. 5. This agreement may be terminated by either party ten (10) days following written notice to the other party. If the agreement is terminated by the landowner, the landowner agrees to pay the contractor for work already completed at the rate of $26.00 per hour. 6. CONTRACTOR may assign the rights provided for in this Agreement to a subcontractor of its choice upon approval of the LANDOWNER. 7. The CONTRACTOR shall maintain during the life of this Agreement such liability insurance as is required by Colorado law. 8. This Agreement shall be extended due to inability of the CONTRACTOR to perform the work due to circumstances beyond its control or as mutually agree to by the LANDOWNER and CONTRACTOR. All extensions will be written and become a part of this agreement. 9. Financial obligations of CSFS and LANDOWNER payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 10. The CONTRACTOR agrees as part of this Agreement that it will comply with all applicable laws regarding discrimination on the basis of race, creed, color, sex, or handicap including but not limited to Executive Order 11246 as amended or as may be further amended hereafter. 11. The laws of the state of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. 12. The signatories hereto aver that they are familiar with 18 -8 -301, et. Seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. Seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provision is present. 13. The signatories aver that to their knowledge no CSFS employee has any personal or beneficial interest whatsoever in the services or property described herein. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day(s) shown below. CITY OF ,O r - May 14, 2001 of the City Council Date COLORADO STATE FOREST SERVICE 1 6- 1W D Date