07-05-2007 USFS, BERRY CREEK METRO DISTRICT CHALLENGE COST SHARE BETWEEN TOA, BERRY CREEK METRO, USFSFS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
CHALLENGE COST SHARE AGREEMENT
BETWEEN
TOWN OF AVON, SINGLETREE PROPERTY OWNERS' ASSOCIATION,
BERRY CREEK METRO DISTRICT
AND
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WHITE RIVER NATIONAL FOREST, HOLY CROSS RANGER DISTRICT
This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and
between the Town of Avon, hereinafter referred to as Avon, Singletree Property Owners'
Association, hereinafter referred to as Singletree, Berry Creek Metro District, hereinafter referred
to as Berry Creek, and United States Department of Agriculture Forest Service, are hereinafter
referred to as Forest Service, under the provisions of the Department of Interior and Related
Agencies Appropriation Act of 1992, P.L. 102-154 and Cooperative Funds Act of June 30, 1914
(16 U.S.C. 498 as amended by Public Law 104-127).
A. PURPOSE:
The purpose of this agreement is to articulate the working arrangement between the Forest
Service, Town of Avon, Berry Creek Metro District, and Singletree Property Owners'
Association on planning, developing, and maintaining a recreational trail system on National
Forest System lands north and east of the Berry Creek Ranch Subdivision (Singletree
Community), Filing 1 through 4, and the Town of Avon's western boundary. This working
arrangement includes aspects of trail management including signing, development of
sustainable trails, maintenance, stabilization and revegetation of degraded areas and visitor
education and law enforcement as described in the Decision Memo dated April 26, 2007. The
challenge is to protect both the natural environment and the recreation experience in light of
increased developmental pressures in the area. This trail system project is located in TSS,
R82W, Sections 2 and 3 National Forest portions of and all located on National Forest
System lands.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Forest Service, Avon, Berry Creek, and Singletree enter into this agreement with a goal
of providing outstanding recreational opportunities for the public, while sustaining natural
processes, protecting wildlife habitat, and preserving open space. The Chief of the Forest
Service has identified the loss of open space and unmanaged recreation as two of four key
threats to the environmental sustainability of National Forest System lands.
The Town of Avon's Comprehensive Plan (02/06) has the goal of providing "an exceptional
system of parks, trails, and recreational programs to serve the year-round leisure needs of
area residents and visitors" and the policy to "Integrate the town's recreational trail system
with the regional trail systems (Eagle County Trails, U.S. Forest Service, and BLM)."
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FS Agreement No 07-CS-11021507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
7/5/2007
The Singletree Community (Berry Creek Ranch Subdivision), which is represented by the
Berry Creek Metro District ("BCMD") and Singletree Property Owners' Association, has
established a strategic plan to pursue "strategies and work in concert with others to retain our
open space. The plan also states "Trail programs to provide proper access to public lands for
our residents will be pursued". Singletree identified in their strategic plan actions to pursue
"strategies and work in concert with others to retain our open space. Trail programs to
provide proper access to public lands for our residents will be pursued."
Berry Creek has already acted to invest funds to improve access for the trail at
Charolais/Mesquite (FDR 7-1879.1). Additionally, Lot 1, Block 2 in the third filing of the
subdivision was purchased to provide access to the Forest Service parcel east of the
Singletree community, the area which is targeted by this agreement. The Singletree
community shares boundaries with the Forest Service to the east, west and north, has over
950 dwelling units and a population of over 2,000 residents, the large majority of which are
full time residents of Eagle County.
It is mutually beneficial to work in partnership to develop and maintain quality trail
recreation experiences, protect wildlife habitat, preserve open space, provide volunteer
stewardship opportunities, and build grass-roots constituencies to care for National Forest
System lands.
The parties recognize that the Forest Service will be the ultimate decision maker with regard
to all aspects of analysis, construction, restoration and maintenance of the National Forest
System trails or routes and management of these lands in compliance with established laws,
regulations and policies.
C. FOREST SERVICE SHALL:
1. Provide expertise and oversight on trail construction standards and signing for this trail
system project.
2. Survey, design, and layout all trail construction and reconstruction plans.
3. Review and authorize all trail and trailhead construction plans on National Forest System
lands.
4. Provide Forest Service staff to train Forest Service volunteers to maintain trails,
trailheads, and trail access points. Teach Forest Service volunteers visitor contact
protocol and the importance of safety and being a "good host."
5. Provide hand tools needed for maintenance and construction projects.
D. AVON SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
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FS Agreement No
07-CS-11021507-038
Berry Creek Tax ID No.
840801362
Singletree Tax ID No.
841311160
Avon Tax ID No.
840771088
7/5/2007
2. Design, survey, and construct the Nottingham Road and Beaver Creek Lookout
trailheads.
3. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
E. SINGLETREE SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
2. Design and construct Knob Hill Trail Access Point.
3. Redesign and improve the existing Avon/Singletree Access Point.
4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
F. BERRY CREEK SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
2. Design and construct Knob Hill Trail Access Point.
3. Redesign and improve the existing Avon/Singletree Access Point.
4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
G. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. CONTINUING PARTNERSHIP. All parties will arrange for a continuing consultation at
a minimum on an annual basis to discuss the conditions covered by this agreement and
agree to actions necessary to implement and further the stated goals. These goals will be
agreed to in writing by both parties in accordance with G.6. below.
2. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS
Forest Service support shall be acknowledged in any publications and audiovisuals
developed as a result of this instrument.
COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT Pursuant to
31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to a cooperator in excess of
the amount to which the cooperator is finally determined to be entitled under the terms
and conditions of the award constitute a debt to the Federal Government. If not paid
within a reasonable period after the demand for payment, the Federal awarding may
reduce the debt by:
(1) Making an administrative offset against other requests for reimbursements.
(2) Withholding advance payments otherwise due to the cooperator.
Page 3 of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
(3) Taking other action permitted by statue.
07-CS-11021507-038
840801362
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840771088
7/5/2007
Except as otherwise provided by law, the Federal awarding agency shall charge interest
on an overdue debt.
4. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax
identification number upon execution of this instrument.
5. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not
available for reimbursement of recipient/cooperator purchase of equipment (and
supplies).
6. MODIFICATION. Modifications within the scope of the instrument shall be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
by all parties, prior to any changes being performed. The Forest Service is not obligated
to fund any changes not properly approved in advance.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Forest Service.
Inspector General, or Comptroller General, through any authorized representative, shall
have access to and the right to examine all records related to this instrument. As used in
this provision, "records" includes books, documents, accounting procedures and
practices, and other data regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form. All records pertinent to
this agreement shall be retained for a period of 3 years.
8. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest
Service under this instrument is subject to the Freedom of Information Act (5 U.S.C.
552).
9. NONDISCRIMINATION. The recipient/cooperator shall comply with all Federal
statutes relating to nondiscrimination and all applicable requirements of all other Federal
laws, Executive orders, regulations, and policies. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits
discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the
Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation
Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of
disabilities. The nondiscrimination statement which follows shall be posted in primary
and secondary recipient/cooperator offices, at the public service delivery contact point
and included, in full, on all materials regarding such recipients'/cooperators' programs
that are produced by the recipients/cooperators for public information, public education,
or public distribution:
"In accordance with Federal law and U.S. Department of Agriculture
policy, this institution is prohibited from discriminating on the basis of
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FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
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7/5/2007
race, color, national origin, sex, age, or disability. (Not all prohibited bases
apply to all programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity
provider and employer."
If the material is too small to permit the full statement to be included, the material will at
minimum include the statement, in print size no smaller than the text, that "This
institution is an equal opportunity provider. "
10. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land
at the direction of either of the parties, shall thereupon become property of the United
States, and shall be subject to the same regulations and administration of the Forest
Service as other National Forest improvements of a similar nature. No part of this
instrument shall entitle the cooperator to any share or interest in the project other than the
right to use and enjoy the same under the existing regulations of the Forest Service.
11. LEGAL AUTHORITY. The cooperator has the legal authority to enter into this
instrument, and the institutional, managerial and financial capability (including funds
sufficient to pay nonfederal share of project costs) to ensure proper planning,
management, and completion of the project.
12. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
Forest Service or the Cooperator(s) from participating in similar activities with other
public or private agencies, organizations and individuals.
13. EXTENSION OF PERFORMANCE PERIOD. The Forest Service, by written
modification may extend the performance period of this instrument for a total duration
not to exceed 5 years from its original date of execution.
14. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole,
or in part, at any time before the date of expiration.
Neither party shall incur any new obligations for the terminated portion of the instrument
after the effective date and shall cancel as many obligations as possible. Full credit shall
be allowed for each Party's expenses and all non-cancelable obligations properly incurred
up to the effective date of termination.
Excess funds shall be refunded within 60 days after the effective period.
15. PRINCIPAL CONTACTS. The principal contacts for this instrument are listed in the
Annual Operating Plan.
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FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
16. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis-
Bacon or Service Contract Act) are applicable to any contract developed and awarded
under this instrument where all or part of the funding is provided with Federal funds.
Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and
Service Contract Act wage provisions apply to service contracts in excess of $2,500. The
Forest Service will award contracts in all situations where their contribution exceeds 50
percent of the costs of the contract. If a cooperator is approved to issue a contract it shall
be awarded on a competitive basis.
17. DUNS NUMBER (5/04): The cooperator shall furnish their DUNS number upon
- execution of this instrument. You may obtain a DUNS number by contacting Dun and
Bradstreet at 800-234-3867 or 866-794-1580. A DUNS number will be provided
immediately by telephone at no charge.
18. ELECTRONIC FUNDS TRANSFER (EFT) (5/04): The recipient/cooperator shall
designate a financial institution or an authorized payment agent through which a federal
payment may be made in accordance with US Treasury Regulations, Money and Finance
at 31 CFR 208, which requires that federal payments are to be made by EFT to the
maximum extent possible. A waiver may be requested and payments received by check
by certifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language,
or literacy barrier.
In order to receive EFT payments the recipient/cooperator shall register in the Central
Contractor Registry (CCR). You may register by going to www.ccr.gov and following
the instructions provided on line. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725.
19. ENDORSEMENT. Any cooperator contributions made under this instrument do not by
direct reference or implication convey Forest Service endorsement of the cooperator's
product or activities.
20. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under
this Agreement, the parties may pursue Alternate Dispute Resolution procedures to
voluntarily resolve those issues. These procedures may include, but are not limited to,
conciliation, facilitation, mediation, and fact finding.
21. ANNUAL OPERATING/FINANCIAL PLAN. The attached AOP/financial plan is
hereby incorporated and becomes a part of this agreement.
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FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date
of last signature and is effective through July 15, 2012 at which time it will expire unless
extended.
23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that
the individuals listed in this document as representatives of the cooperator 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
written date below.
TOWN OF AV N
g~g0`7
ON WOLFE DATE
MAYOR
BERRY CREEK METRO DISTRICT
DONALD E. COHEN DATE
PRESIDENT
SINGLETREE PROPERTY OWNERS
ASSOCIATION
CHARLES POWERS DATE
PRESIDENT
The authority and format of this instrument
has been reviewed and approved for
signature.
- ~'l a
Elaine Langsta DA
FS Agreements Coordinator
Job Code - To be Issued - $800.00
USDA FOREST SERVICE
WHITE RIVER NATIONAL FOREST
HOLY CROSS RANGER DISTRICT
BRIAN A. LLOYD DATE
DISTRICT RANGER
Page 7of7
FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
ANNUAL OPERATING PLAN - EXHIBIT A
Scope of Work
07-CS-11021507-038
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7/5/07
1. GENERAL PROJECT DESCRIPTION: The Town of Avon, Singletree Property Owner's Association,
and Berry Creek Metro District will support the trail system on National Forest System lands north and
east of the Berry Creek Ranch subdivision (Singletree Community) and the Town of Avon's western
boundary by assisting with the following projects: 1) Stabilization and restoration of nonsystem trails, 2)
Design and improve trailheads and access points, 3) Trail Construction and Maintenance Projects, and
4) Develop a sign plan for the area, purchase and install regulatory signs and 5) Provide law enforcement
for parking violations and winter wildlife closures.
PROJECT SPECIFICS:
A. FOREST SERVICE SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Provide staff to review restoration plan, supervise contractors and volunteers on restoration
projects at "Motorcycle Flats" (National Forest System land).
b. Host at least one volunteer project to assist with stabilization and restoration of the area.
c. Provide hand tools for volunteer's projects.
2. Trailheads and Access Points:
a. Provide travel management stickers and carsonite signs that meet Forest Service (FS)
standards for each trailhead/access point.
3. Sign Plan: Design, Purchase and Installation:
a. Review trailhead information and regulation sign proposals.
b. As above in (2a), provide travel management signs for trails and trailheads.
4. Law Enforcement:
a. Assist with enforcement of regulations including travel management, dogs on leash (winter -
Wildridge access) and closures to all winter use remaining trails. GS-5 @ $125/day x 12 days =
$1500.
5. Trails Projects:
a. Use contributor funds ($800) to survey and flag Knob Hill Trail (GS-7 $200/day x 4 days).
Knob Hill Trail is National Forest System lands and private land with a 15 year lease.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
B. TOWN OF AVON SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Award contract for "Motorcycle Flats" stabilization and restoration using native seed mix
appropriate for site and elevation.
b. Contribute 50% of the costs of the restoration of approximately $20,000.
2. Trailheads and Access Points:
a. Improve closure to motorized bikes at likely access points to the East/West Trail - Nottingham
and Metcalf Road area.
b. Continue to work with Colorado Department of Transportation to secure Nottingham Road
Trailhead parking within their Right Of Way.
3. Sign Plan: Design, Purchase and Installation:
a. Review trailhead information and regulation sign proposals.
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FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/07
b. Purchase and install trailhead signs for Beaver Creek Overlook Trailhead and Access Point
(both National Forest System lands) and Nottingham Road Trailhead (CDOT easement).
4. Law Enforcement:
a. Provide law enforcement of parking regulations (street and trailhead) and patrol to assist with
management of winter dog on leash requirements.
5. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
C. SINGLETREE PROPERTY OWNERS' ASSOCIATION SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately
$10,000.00.
2. Trailhead and Access Points:
a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail
(June Creek).
b. Purchase and install with Berry Creek Metro District 4x4x8 posts to place travel management
signs at the Avon/Singletree Trail (June Creek).
3. Sign Planning and Installation:
a. Coordinate the trailhead sign proposals and reviews.
b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill
(installed after construction).
4. Law Enforcement:
a. Work with Eagle County Sheriff's Office to patrol the Singletree access points for parking
violations and violations of closures.
5. Trail Projects:
a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS-7.$200/day x
2 days).
b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for
Knob Hill Trail.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
D. BERRY CREEK METRO DISTRICT SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately
$10,000.00.
2. Trailhead and Access Points:
a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail
(June Creek - Berry Creek Metro District land).
b. Purchase and install with Berry Creek Metro District, 4x4x8 posts to place travel management
signs on at the Avon/Singletree Trail (June Creek).
3. Sign Planning and Installation:
a. Coordinate the trailhead sign proposals and reviews.
b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill
(installed after construction).
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FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
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841311160
840771088
7/5/07
4. Law Enforcement:
a. Work with Eagle County Sheriffs Office to patrol the Singletree access points for parking
violations and violations of closures.
5. Trail Projects:
a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS-7 $200/day x
2 days).
b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for
Knob Hill Trail.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
E. TERM OF ANNUAL OPERATING PLAN: The project work will be completed during the period
starting as of date of final signature and ending April 30, 2008.
F. ADVANCE BILLING: Bill the cooperator/s prior to commencement of work for deposits sufficient
to cover the estimated costs (including overhead) for the specific payment period. Overhead will
not assessed due to amount of this agreement and this project being of mutual benefit.
Billing for $400.00 shall be sent to:
Singletree Property Owners'
Association
Attn: Chuck Powers
PO Box 975
Avon, CO 81620
Billing for $400.00 shall be sent to:
Berry Creek Metro District
Attn: Donald E. Cohen
PO Box 1058
Edwards, CO 81632
G. PRINCIPAL CONTACTS: The principal contacts for this instrument are:
Forest Service Project Contact
Don Dressler
Holy Cross/Eagle RD
PO Box 720
Eagle, CO 81631
Phone: 970-827-5157
FAX: 970-827-9343
E-Mail: drdresslerAA.fed.us
Town of Avon
Cooperator Project Contact
Matt Pielsticker
Planner II
PO Box 975
Avon, CO 81620
Phone: 970-748-4030
FAX: 970-845-7708
E-Mail: mpielsticker(a~avon.org
Forest Service Administrative Contact
Elaine Langstaff
Grants and Agreements Specialist
PO Box 948
Glenwood Springs, CO 81602-0948
Town of Avon
Cooperator Administrative Contact
Judy Popeck
Accounting Assistant
PO Box 975
Avon, CO 81620
Page 3 of 4
FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
Phone: 970-945-3224
FAX: 970-945-3211
E-Mail: elangstaff(c fs.fed.us
Singletree Property Owners' Association
Cooperator Project Contact
Chuck Powers
President
PO Box 1226
Edwards, CO 81632
Phone: 970-926-7020
FAX: 970-926-1225
E-Mail: charles.chuckp a,gmail.com
Singletree Property Owners' Association
Cooperator Administrative Contact
Terri Martinez Johnson
PO Box 1200
Edwards, CO 81632
Phone: 970-328-5222
FAX:
E-Mail: spoa95(cDhotmail.com
07-CS-11021507-038
840801362
841311160
840771088
7/5/07
Phone: 970-748-4020
FAX: 970-845-7708
E-Mail: jpoyeck (cZ,avon.org
Berry Creek Metro District
Cooperator Project Contact
Donald E. Cohen
President, Berry Creek Metropolitan District
PO Box 1058
Edwards, CO 81632
Phone: 970-926-6060 xl
E-Mail: don &cimvail.com
Berry Creek Metro District
Cooperator Administrative Contact
Cheri Curtis
Berry Creek Metropolitan District
PO Box 1058
Edwards, CO 81632
Phone: (970) 926-6060 xl
FAX:
E-Mail: cheri(d)rmpccpa.com
H. FINANCIAL PLAN: Attached is a Financial Plan identified as Exhibit B for Agreement No. 07-CS-
11021507-038 and this Annual Operating Plan 2007 for the project work shown above.
Page 4 of 4
(k)
Matching Costs Determination
Total Forest Service Share = (p)
(a+b+c)/(o) _ (p) 30.47%
Third Party Cash Contribution Federal (q)
(h + o) _ (q) 0.00%
Reimbursement Calculation
Forest Service Reimburseme
(u)
(c)/[(c+d+f+g+j) - (n)] _ (u)
0.00%
Cooperator expenses NOT reimbursed by F;
(V)
(d+f+g+i-n)/(c+d+f+g+i-n) _ (v
100.00%
Total Federal Cash Share =
(r)
Reimbursable Amount = Total actual cost incurred to date
(p+q) _ (r)
30.47%
(sum of cost elements from the Cooperator's invoice as prescribed
in provisions and multiplied by
Total Cooperator Share
(s)
0.00% (u) minus any previous Forest Service payments,
[(d+e+f+g+i+k) - (n)] / (o) =
69.53%
not to exceed the subtotal amount listed in column (c) minus any
estimated program income.
(t)
Total (r+s) _ (t)
100.00%
3. Instructions:
Use this form in conjunction with ID 1509.11-2007-1.
Use Cost Elements that apply to the particular project. The Cost Elements listed are examples of those commonly used. Delete those that don Y apply.
Value assessed for volunteer labor should be commensurate with local labor rates for similar work. Donated materials, equipment and supplies should
be valued at rates and prices available in the current local market.
(a) Forest Service Non-Cash Contribution: Forest Service employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total
Forest Service indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Forest Service.
(b) Value of Forest Service In-Kind Contribution: Forest Service contributions toward completion of the project for which the Forest Service has incurred no
expense. These contributions include such items as volunteer labor, donated materials, equipment, supplies, etc., contributed by third parties directly to the Forest
Service. Forest Service volunteer and/or equipment rental agreements should be used to document the donated services.
(c) Reimbursable Cooperator Expenses: The figure(s) listed are both the maximum Forest Service funds to be obligated for reimbursement and Cooperator
expenses that are not included anywhere else on this form. This is an expense to the Forest Service.
(d) Cooperator Contribution: Cooperator employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total Cooperator
indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Cooperator.
(e) Value of Cooperator In-Kind Contribution: Cooperator non-cash contributions provided toward completion of the project for which the Cooperator has
incurred no expense. These contributions can be made from the Cooperator or through the Cooperator by other entities and include such items as volunteer
labor, donated materials, equipment, supplies, etc. These values are not reimbursable and can only be used to satisfy the Cooperator's matching requirement.
(f) Cash Contribution to the Forest Service: Cooperator cash contribution provided to the Forest Service for use in completing the project. This is an expense
to the Cooperator. Display by Cost Element where these funds will be expended. Be sure to cite a collection authority In the Agreement if this column is
used.
(g) Third Party Cash Contribution Non-Federal: Cash contribution provided to the Cooperator from Non-Federal organization(s) for use in the project. Display
these contributions by Cost Element expenditures.
(h) Third Party Cash Contribution Federal: Cash contributions provided to the Cooperator from Federal agency(ies) for use in the project. Display these
contributions by Cost Element expenditures.
(i) Third Party Non-Cash Contribution Non-Federal: Non-cash contribution provided to the Cooperator from Non-Federal organization(s) for use in the project.
Display these contributions by Cost Element Expenditures
(j) Third Party Non-Cash Contribution Federal: Non-cash contribution provided to the Cooperator from Federal agencie(s) for use in the project. Display these
contributions by Cost Element Expenditures.
(k) Third Party In-Kind Contribution Non-Federal: In-kind contribution provided to the Cooperator from Non-Federal organization(s) for use in the project.
Display these contribtuions by Cost Element Expenditures.
(1) Third Party In-Kind Contribution Federal: In-kind contribution provided to the Cooperator from Federal agencie(s) for use in the project. Display these
contributions by Cost Element Expenditures.
(m) Gross Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project.
(n) Estimated Program Income: The gross income estimated to be generated under the project between the effective date of award and completion of the
project, such as conference or workshop fees received, rental fees earned from renting real property or equipment acquired with agreement funds, or the sale of
commodities or items developed under the project.
Page 2
USFS Agreement No.:
Cooperator Agreement No.
Grants & Agreements Financial Plan Worksheet - FY2007/2008
1. Financial Plan Matrix:
07-CS-11021507-038
FOREST SERVICE
COOPERATOR
(a)
(b)
(c)
(d)
(e)
(f)
(g) (h) (i) G) (k) (1)
Value of
Reimb.
Value of
THIRD PARTY CONTRIBUTIONS
COST ELEMENTS
Non-Cash
In-Kind
Coop.
Non-Cash
In-Kind
Cash
Cash
Non-Cash
Value of In-Kin
(m)
Direct Costs
Contrib.
Contrib.
Expenses
Contrib.
Contrib.
Contrib.
77
Non-Fed
Federal
Non-Fed
Federal
on-Fe
edera
Total
Salaries/Labor
$3,700.00
$18,000.00
$6,600.00
$800.00
$29,100.00
Travel
$0.00
Equipment Use
$650.00
$650.00
Supplies
$0.00
Materials
$3,600.00
$3,600.00
Printing
$0.00
Other - Contract
$40,000.00
$40,000.00
Subtotal
$4,350.00
$18,000.00
$0.00
$50,200.00
$0.00
$800.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,350.00
Indirect Costs
$0.00
Total
$4,350.00
$18,000.00
$0.00
$50,200.00
$0.00
$800.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,350.00
(n) Estimated Program Income (subtract from total of column (m):
(o) Net Total Project Value: $73,350.00
2. Cost Analysis:
Use the following section to show additional information that supports the lump sum figures
provided above.. Salary/Labor = hrs or days x rate; Travel = miles x rate or months x FOR rate, days x per diem
rate; Equipment Use = hrs or days x rate; Supplies & Materials --list of items and estimated cost; Printing =
estimated cost per item; Indirect Cost = Direct cost x current indirect rate.
(a) Forest Service Salary in support of training volunteers to maintain trails, trailheads and reviewing reveg work
proposal, and supervising contractor and volunteers. GS-7 $220/day x 10 days=$2200. Law enforcement Patrols
$1500. Materials and Tools: Provide hand tools in support of projects: $500. Carsonite signs and stickers $150.
Forest Service volunteers to support restoration and trail work. $15.00 hour (GS-5) wages x 6 hours x 20 people =
(b) $18,000.
(c) None
(d) TOA: Salary:Staff time to award reveg contract ( 3 days), improve closure to motorized bikes (2 days), work with
CDOT on trailhead parking (2 days), review trailhead signs (2 days) and provide law enforcement patrols (1x week x
24 weeks) = 33 days x 8 hrs x $25.00/hr =$6600. 50% of Reveg contract $20,000. Purchase trail signs $600.
SPOA:25% of reveg contract - approx. $10,000, purchase and install trailhead signs for Knob Hill and
Avon/Singletree $500, improve access point @ Avon/Singletree $1000. BCMD: 25% of reveg contract - approx.
$10,000, purchase and install trailhead signs for Knob Hill and Avon/Singletree $500, improve access point @
Avon/Singletree $1000.
(e)
(fl SPOA: Provide funds to USFS for Knob Hill trail design (50%) $400. BCMD: Provide funds to USFS for Knob Hill
trail design (50%) $400.
(g)
(h)
u)
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*Memo
To: Honorable Mayor and Town Council VON
C O L O R A D 0
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planner II
Date: August 8, 2007
Re: USFS Trails
Introduction:
This memo is to update Council on the progress with trail planning in West Avon. On April
28, 2007 the United States Forest Service (USFS) approved a document titled "Decision
Memo, Singletree and West Avon Recreation Trails." The Decision Memo is attached for
your review.
The Decision Memo authorizes the implementation of a trail plan. The plan includes the
• construction of trailheads (with and without parking), improving existing trail routes, closing
non-designated routes, and stabilizing disturbed areas that have created erosion issues.
The Decision Memo authorizes the immediate implementation of this project.
It is important to note that not every part of this project is within the scope of the USFS. For
example, in order to construct the Nottingham Road Trailhead on the south side of the
Nottingham Road cul-de-sac, the Colorado Department of Transportation must first approve
an Access Permit. Also, portions of the "Avon/Singletree Trail (East West Connector)"
travel through Tract A of the Benchmark at Beaver Creek Subdivision. This 107+ acre
Open Space zoned tract of land is privately owned.
Background:
To date, members of the Singletree Property Owners Association (SPOA), Berry Creek
Metro District (BCMD), USFS, Department of Wildlife (DOW), and Town Staff have held
several joint meetings to discuss collaboration opportunities. There have been joint
meetings concerning this project since 2003.
There was a public Open House held by Council on August 8, 2006 at the Wildridge Fire
Station. The goal of that Open House was to review the existing recreation opportunities in
and around Avon, and to collect data to better understand use patterns of these trails by
Avon residents. There was a favorable turnout and by no doubt an interest in creating and
maintaining a formalized trail system in these areas was expressed. Information was
• collected in the form of questionnaires and dot voting exercises.
Memo to Town Council, USFS Trails Page 1 of 2
August 14, 2007 Town Council Meeting
Following the Open House, Council approved a Resolution at the October 24, 2006 meeting •
which provided formal comments on the White River National Forest Travel Management
Plan. There were comments directed to the "West Avon" trails and the desire to keep them
non-motorized in nature.
Discussion:
With the Decision Memo in hand, it is now time to execute an agreement to provide the
basic framework for further cooperation. Also attached to this Memorandum is an
agreement drafted by the USFS titled "Challenge Cost Share Agreement between the
Town of Avon, Singletree Property Owners' Association, Berry Creek Metro District and
United States Department of Agriculture, Forest Service, White River National Forest."
Staff would like to take this opportunity to let Council review this document prior to
execution. The life-span of the agreement is through July 15, 2012 and all work will likely
be completed prior to that date. There will be an annual operating plan tied to this
document that would be updated each year to further define what work will take place.
Work to be performed this year includes construction and installation of signage at all
designated access points to inform users of wildlife and motorized closures. Other work to
be performed on the front end of the project will include revegetation of "motor cross flats"
on the south side of the project adjacent to Interstate 70, law enforcement, and acquisition
of an access permit from C-DOT. Design work for trail parking areas may also take place.
Recommendation: 0
Staff recommends review by the Council of the documents titled "Decision Memo,
Singletree and West Avon Recreation Trails" and "Challenge Cost Share Agreement
between the Town of Avon, Singletree Property Owners' Association, Berry Creek Metro
District and United States Department of Agriculture, Forest Service, White River National
Forest", and authorize the mayor to execute said agreement in order to proceed with this
project.
Town Manager Comments:
~~.r ~r~~~''-~ ,,.-,r....°~ ~>F_r~ ,.g__~~•~~-~i- , r~;r~:/~',r.,--'Z art:. 'G~~. ~ ...C'Z tin-z.~
Attachments:
Exhibit A: Decision Memo - Approved April 16, 2007
Exhibit B: Draft Challenge Cost Share Agreement, Dated July 5, 2007
Exhibit C: Comprehensive Plan - Pages 61 & 62
0
Memo to Town Council, USFS Trails Page 2 of 2
August 14, 2007 Town Council Meeting
C]
Decision Memo
Exhibit A
Singletree and West Avon Recreation Trails
USDA Forest Service
Holy Cross Ranger District, White River National Forest
Eagle County, Colorado
T5S R82W Sections 2 and 3
0
Information contact: Beth Boyst
Eagle Ranger District, Wilderness Specialist
(974)328-6388 or bbovst@fs.fed.us
Responsible Official: Brian A. Lloyd
Acting District Ranger
(970)328-6388
U~S
Background
The USDA, Forest Service is working in cooperation with the Town of Avon, Berry Creek Metro District,
and the Singletree Property Owners Association to improve non-motorized trail recreation opportunities
north of 1-70 and west of Metcalf Road in Avon. All parties recognize that it is mutually beneficial to work
in partnership to maintain quality trail recreation experiences, protect wildlife habitat, preserve open
space, provide volunteer stewardship opportunities, and build grass-roots constituencies to care for
National Forest System lands.
Purpose and Need
The purpose of this project is to improve non-motorized trail recreation opportunities on National Forest
System lands adjacent to the Town of Avon, Singletree Subdivision, and Berry Creek Metro District
properties. The area currently has a network of old roads and trails that are not part of the U.S. Forest
Service transportation system. Portions of these nonsystem routes are located on erosive steep slopes
and stabilization and/or reconstruction is needed to prevent further erosion or to improve recreation
opportunities. Revegetation is needed in one area adjacent to 1-70 where motorcycles have created an
illegal network of trails. The project area is within the Management Area 5.41 (Deer and Elk Winter
Range) and the emphasis for management is to provide adequate amounts of quality forage, cover and
solitude for deer, elk, and other species while on winter range. Dogs are required by Eagle County to be
under "immediate control" - the physical presence of the Owner or Responsible Person within ten feet
(10') of the Animal and such person can exhibit voice control over the Pet Animal. Pets are required to be
under control within the Town of Avon.
Location I*
This project is located in Eagle County, Colorado in portions of TSS, R82W Sections 2 and 3 on the White
River National Forest, Holy Cross Ranger District. See Vicinity Map on the following page.
Decision
I have decided to implement the following trail, trailhead parking, and trail access point decisions outlined
below (See Project Map):
Trailhead Parking
Beaver Creek Lookout Trailhead (Wildridge). This trailhead will be on National Forest System lands in
Block 1, Wildridge Subdivision. This trailhead will be at the midway point of Beaver Creek Point on the
west side of the roadway and will be constructed for 3-5 cars, surfaced, and signed for no overnight
parking.
Trail Access Point (No Parking)
Saddle Ridge Access Point. Access to the Saddle Ridge Trail will be constructed at or immediately west
of the three way intersection of the Saddle Ridge Loop and Long Spur roads, at approximately 8,220 feet.
The access point will be signed "No Parking."
•
SingletreeMest Avon Recreation Trails Decision Memo 2 of 8
April 2007
Vicinity Map
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SingletreeNVest Avon Recreation Trails Decision Memo
April 2007
White PAW
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3of8
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(Decision continued)
Traits
The following trails will be placed on the US Forest Service transportation system:
1. Avon/Singletree Trail (East-West Connector) Length 1.4 miles
This trail will be open to foot, horse, and bicycle travel between April 16th and December 14th and closed
to all uses during the winter (December 15th to April 15th). Reconstruction of portions of the trail will be
necessary to stabilize the route.
2. Knob Hill Trail Length 0.3 miles
I am authorizing construction of this trail on National Forest System lands, so that it joins the existing
June Creek spur (FDR 717.1 A) and provides loop opportunities. This trail will be open to foot travel only
between April 16th and December 14th and closed to all uses during the winter (December 15th to April
15th). This trail begins on private property owned by the Sonnenalp Golf Course and the 'loot only"
access is designed to prevent issues with mountain bikes crossing their property.
3. Saddle Ridge Trail Length 0.2 miles
I am authorizing reconstruction of a route that beings at the Saddle Ridge Access Point and eventually
terminates at the junction of the Avon/Singletree Trail. Additionally, the Beaver Creek Lookout Trail would •
have a spur connect to this trail. This trail will be open year around to foot, horse, and bicycle travel. To
minimize impact to deer and elk winter range, dogs will be required to be on leash between December
15th and April 15th. If compliance with the leash regulation during the winter is not successful, then
management options, such as closing the area completely, will be considered.
4. Beaver Creek Lookout Trail Length 0.6 miles
I am authorizing this trail to become part of the US Forest Service Transportation System. Limited
reconstruction will be necessary other than defining the terminus and connector to the Saddle Ridge Trail.
Duplicate routes within the area will be closed and revegetation. This trail will be open year around to
foot, horse, and bicycle travel. To minimize impact to deer and elk winter range, dogs will be required to
be on leash between December 15th and April 15th. If compliance with the leash regulation during the
winter is not successful, then management options, such as closing the area completely, will be
considered.
Restoration
I am authorizing duplicate routes to be closed and revegetated with native grasses and shrubs throughout
this project area. Approximately 0.8 miles of illegally created motoroycle trails will be closed, stabilized,
and revegetated.
The following actions are outside the scope of my decision, since they occur on
private lands.
Nottingham Road Trailhead. Construction of this trailhead is located on Colorado Department of •
Transportation's right-of-way and outside my decision authority. I will continue to work with the Town of
Avon and CDOT to establish a 3-5 car, surfaced parking area with no overnight parking.
Singletree/West Avon Recreation Trails Decision Memo 4 of 8
April 2007
c
•
The Knob Hill Trail Access Point (Private Property) and the Singletree Access Point (Berry Creek
Metro District) are key to this project but are outside the scope of my decision. I will continue to work
with the land owners, Singletree Property Owners Association, and Berry Creek Metro District to secure
this access, assure that potential parking issues identified are addressed and that specific issues of
parking on Winslow and Filly Drive (related to the access point) are monitored.
Knob Hill Trail: This trail begins on private property owned by the Sonnenalp Golf Course and
construction on their private property is outside of my decision. 1 understand that the Berry Creek Metro
District will obtain a 15 year renewable leases for the access and trail on private property. The lease will
allow foot travel only between April 16th and December 14th. Additionally, the proposed MOU between
Sonnenalp and the Berry Creek Metro District provides fencing and landscape screening to facilitate
privacy it desired by the adjacent property owner.
Project Map
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Legend
0 Trailhead Parking
Access Point
- - Trails (Closed in Winter)
i, Yta r Around Tra4s.
(00en in Winter with Dogs on Leash)
N31 0h al Forest $mndary
Public Involvement
Singletree;UlYestAvon Recreation Trails
Final -April 2-107
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• A proposal to analyze the non-system trails north of Avon to determine which should become system
trails and what method(s) of travel is appropriate. Identify which non-system trails will be dosed and
restored. The proposal was listed in the Schedule of Proposed Actions (SOPA) beginning in July 2005.
SingletreeANest Avon Recreation Trails Decision Memo 5 of 8
April 2007
7
•
The SOPA is published quarterly and is mailed to interested individuals or groups. The SOPA also
appears on the White River National Forest website.
The proposal was provided to the public and other agencies for comment during scoping between
February 1, 2007 and March 9, 2007. A news release was published in the Vail Daily on February 5,
2007 and two open houses were held on February 15 (Wildridge Fire Station) and February 21st
(Singletree Community Center). Letters were sent to 38 adjacent property owners.
In addition, the agency sent letters to the following:
Tribal Consultation: Southern Ute Indian Tribe, Ute Indian Tribe, and the Ute Mountain Tribe.
Other Agencies: Colorado Division of Wildlife, Eagle County Sheriff, Eagle County Commissioners,
Environmental Protection Agency, Town of Avon, Singletree Property Owner's Association, Berry
Creek Metro District and Holy Cross Electric.
The following issues and concerns were raised concerning the proposed recreation trail system (Agency
response to comments are listed in italics)
1. Impact of recreationists and pets on winter range for deer and elk. This area is within the
MA 5.41 deer and elk winter range. Although, there are no seasonal closures currently in place,
my decision requires that between December 15'h and April 15~h the Avon/Singletree and Knob
Hill trails. to be closed to all uses. The Beaver Creek Lookout and Saddle Trail trails will be open
year around. Dogs will be required to be on leash between December 15th and April 15Th.. if
compliance with the leash regulation during the winter is not successful, then management
options, such as closing the area completely, will be considered.
2. Need to provide year around recreation opportunities S
including dog walking. My decision
allows the Beaver Creek Lookout and Saddle Trail trails will be open year around. However, to
minimize wildlife conflicts and to protect wildlife habitat, dogs will be required to be on leash
between December 15'h and April 15'h. . If compliance with the leash regulation during the winter
is not successful, then management options, such as closing the area completely, will be
considered.
3. Issues related to parking and trash at trailhead access points and trailhead parking. The
US Forest Service will continue to partner with the Town of Avon, Singletree Property Owner's
Association, and Berry Creek Metro District to assure that parking issues related to the
recreational trails are addressed. We plan to enter into a formal agreement with the partners to
outline responsibilities, funding, and schedule work projects.
The Beaver Creek Overlook Trail trailhead parking area (on National Forest System lands) will be
constructed to keep vehicles off the road corridor and signed "No overnight parking" to reduce
issues.
1 understand that street parking is not allowed within Singletree. The Singletree Propert y Owner's
Association has agreed to monitor the parking issues and place trailhead and "No Parking-signs
near the Knob Hill Access Point on Filly and Winslow Drives.
4. Private property impacts from new trail construction at Knob Hill. The concerns and issues
regarding trail construction occur primarily on private property before the trail joins National
Forest System lands. l understand that the Singletree Property Owner's Association has offered
to assist with fencing and landscaping to minimize the impact of the trail.
5. Bicycle trails should be designed specifically to allow for travel both ways and use large .
"C" -shaped switchbacks. The footprint for trails open to bicycle travel has already been
constructed and the improvements are constrained by terrain and current infrastructure.
Singletree/West Avon Recreation Trails Decision Memo
April 2007
6 of 8
•
Reconstruction plans will be reviewed with the handbook standards in mind and local mountain
bikers recommendations to improve the trails where feasible.
6. Need to provide access for Holy Cross Electric to maintain the KV powerline in the project
area. Access and maintenance schedules are authorized within the permitee's special use
permit and annual operating plan and outside the scope of this decision. 1 understand that there
may be future needs for motorized access on the Singletree/West Avon trail
Findings Required by Other Laws
This decision is consistent with the White River National Forest Land and Resource Management Plan
(Revised 2002) as required by the National Forest Management Act. The project was designed in
conformance with forest plan standards and incorporates design criteria to meet Forest Plan guidelines
for protecting Deer and Elk Winter Range (MA 5.41). Restricting dogs on leash between December 15'"
and April 15 on the Beaver Creek Lookout and Saddle Ridge Trails and closin%the Singletree/West
Avon and Knob Hill trails to recreation use between December 15'h and April 15 are the key design
criteria to address management area concerns and issues.
This decision is compliant with the Endangered Species Act. A biological evaluation was conducted and
the determination was that the project will not significantly impact any listed Threatened and Endangered
Species. There would be no effects to the Uncompahgre fritillary butterfly or potential habitat and there
would be no effects to lynx or lynx habitat from this project from the proposed projects.
This decision is compliant with the National Historic Preservation Act. The project area has been
. inventoried for cultural resources during previous projects. Archeological sites recorded in the project
area have been determined as not eligible to the National Register of Historic Places. The cultural report
finds that this project will have no effect on historic properties.
There are no flood plains, wetlands, congressionally designated areas (wilderness, wilderness study
areas, or National Recreation areas), inventoried roadless areas, or research natural areas within the
project areas
Reasons for Categorical Exclusion
This action is categorically excluded from documentation in an environmental impact statement or an
environmental assessment because its falls into Category 1 (Construction and Reconstruction of Trails) of
Section 31.2 (Categories of Actions for which a project or case file and decision memo are required.) from
FSH 1909. 15, Chapter 30.
The categorical exclusion is appropriate in this situation because there are no extraordinary
circumstances potentially having effects which may significantly affect the environment. I considered the
concerns regarding deer and elk winter range and have developed human and pet regulations between
December 151h and April 151" to minimize impact to wildlife. Since there are no restrictions in the area
currently, the increased regulations for pets and recreationists should improve, or at a minimum stabilize,
winter range conditions.
Implementation Date
This project may be implemented immediately.
Administrative Review or Appeal Opportunities
This decision is not subject to administrative appeal pursuant to 36 CFR part 215.12(f).
•
Singletree/West Avon Recreation Trails Decision Memo
April 2007
7of8
9
•
Contact Person
For additional information concerning this decision or the Forest Service appeal process, contact Beth
Boyst, Wilderness Specialist, White River National Forest - Eagle/Holy Cross Ranger District, PO Box
720, Eagle, CO 81631 or at (970)328-6388.
Brian A. Lloyd Date
Acting District Ranger
L'
SingletreeANest Avon Recreation Trails Decision Memo 8 of 8
April 2007
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FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
CHALLENGE COST SHARE AGREEMENT
BETWEEN
TOWN OF AVON, SINGLETREE PROPERTY OWNERS' ASSOCIATION,
BERRY CREEK METRO DISTRICT
AND
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WHITE RIVER NATIONAL FOREST, HOLY CROSS RANGER DISTRICT
EXHIBIT B
o1rvov1.)ot
841311160
840771088 •
7/5/2007
This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and
between the Town of Avon, hereinafter referred to as Avon, Singletree Property Owners'
Association, hereinafter referred to as Singletree, Berry Creek Metro District, hereinafter referred
to as Berry Creek, and United States Department of Agriculture Forest Service, are hereinafter
referred to as Forest Service, under the provisions of the Department of Interior and Related
Agencies Appropriation Act of 1992, P.L. 102-154 and Cooperative Funds Act of June 30, 1914
(16 U.S.C. 498 as amended by Public Law 104-127).
A. PURPOSE:
The purpose of this agreement is to articulate the working arrangement between the Forest
Service, Town of Avon, Berry Creek Metro District, and Singletree Property Owners'
Association on planning, developing, and maintaining a recreational trail system on National
Forest System lands north and east of the Berry Creek Ranch Subdivision (Singletree
Community), Filing 1 through 4, and the Town of Avon's western boundary. This working
arrangement includes aspects of trail management including signing, development of
sustainable trails, maintenance, stabilization and revegetation of degraded areas and visitor
education and law enforcement as described in the Decision Memo dated April 26, 2007. The
challenge is to protect both the natural environment and the recreation experience in light of
increased developmental pressures in the area. This trail system project is located in TSS,
R82W, Sections 2 and 3 National Forest portions of and all located on National Forest
System lands.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Forest Service, Avon, Berry Creek, and Singletree enter into this agreement with a goal
of providing outstanding recreational opportunities for the public, while sustaining natural
processes, protecting wildlife habitat, and preserving open space. The Chief of the Forest
Service has identified the loss of open space and unmanaged recreation as two of four key
threats to the environmental sustainability of National Forest System lands.
The Town of Avon's Comprehensive Plan (02/06) has the goal of providing "an exceptional
system of parks, trails, and recreational programs to serve the year-round leisure needs of
area residents and visitors" and the policy to "Integrate the town's recreational trail system
with the regional trail systems (Eagle County Trails, U.S. Forest Service, and BLM)."
Page 1 of 7
•
•
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
• Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
The Singletree Community (Berry Creek Ranch Subdivision), which is represented by the
Berry Creek Metro District (`BCMD") and Singletree Property Owners' Association, has
established a strategic plan to pursue "strategies and work in concert with others to retain our
open space. The plan also states "Trail programs to provide proper access to public lands for
our residents will be pursued". Singletree identified in their strategic plan actions to pursue
"strategies and work in concert with others to retain our open space. Trail programs to
provide proper access to public lands for our residents will be pursued."
Berry Creek has already acted to invest funds to improve access for the trail at
Charolais/Mesquite (FDR 7-1879.1). Additionally, Lot 1, Block 2 in the third filing of the
subdivision was purchased to provide access to the Forest Service parcel east of the
Singletree community, the area which is targeted by this agreement. The Singletree
community shares boundaries with the Forest Service to the east, west and north, has over
950 dwelling units and a population of over 2,000 residents, the large majority of which are
full time residents of Eagle County.
It is mutually beneficial to work in partnership to develop and maintain quality trail
recreation experiences, protect wildlife habitat, preserve open space, provide volunteer
• stewardship opportunities, and build grass-roots constituencies to care for National Forest
System lands.
The parties recognize that the Forest Service will be the ultimate decision maker with regard
to all aspects of analysis, construction, restoration and maintenance of the National Forest
System trails or routes and management of these lands in compliance with established laws,
regulations and policies.
C. FOREST SERVICE SHALL:
1. Provide expertise and oversight on trail construction standards and signing for this trail
system project.
2. Survey, design, and layout all trail construction and reconstruction plans.
3. Review and authorize all trail and trailhead construction plans on National Forest System
lands.
4. Provide Forest Service staff to train Forest Service volunteers to maintain trails,
trailheads, and trail access points. Teach Forest Service volunteers visitor contact
protocol and the importance of safety and being a "good host."
5. Provide hand tools needed for maintenance and construction projects.
D. AVON SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
Page 2of7
)5
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088 •
7/5/2007
2. Design, survey, and construct the Nottingham Road and Beaver Creek Lookout
trailheads.
3. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
E. SINGLETREE SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
2. Design and construct Knob Hill Trail Access Point.
3. Redesign and improve the existing Avon/Singletree Access Point.
4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
F. BERRY CREEK SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
2. Design and construct Knob Hill Trail Access Point.
3. Redesign and improve the existing Avon/Singletree Access Point. •
4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
G. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. CONTINUING PARTNERSHIP. All parties will arrange for a continuing consultation at
a minimum on an annual basis to discuss the conditions covered by this agreement and
agree to actions necessary to implement and further the stated goals. These goals will be
agreed to in writing by both parties in accordance with G.6. below.
2. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS.
Forest Service support shall be acknowledged in any publications and audiovisuals
developed as a result of this instrument.
COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT. Pursuant to
31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to a cooperator in excess of
the amount to which the cooperator is finally determined to be entitled under the terms
and conditions of the award constitute a debt to the Federal Government. If not paid
within a reasonable period after the demand for payment, the Federal awarding may
reduce the debt by:
(1) Making an administrative offset against other requests for reimbursements.
(2) Withholding advance payments otherwise due to the cooperator.
Page 3 of 7 11
•
•
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
(3) Taking other action permitted by statue.
Except as otherwise provided by law, the Federal awarding agency shall charge interest
on an overdue debt.
4. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax
identification number upon execution of this instrument.
5. FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not
available for reimbursement of recipient/cooperator purchase of equipment (and
supplies).
6. MODIFICATION. Modifications within the scope of the instrument shall be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
by all parties, prior to any changes being performed. The Forest Service is not obligated
to fund any changes not properly approved in advance.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Forest Service,
Inspector General, or Comptroller General, through any authorized representative, shall
have access to and the right to examine all records related to this instrument. As used in
this provision, "records".includes books, documents, accounting procedures and
practices, and other data regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form. All records pertinent to
this agreement shall be retained for a period of 3 years.
8. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest
Service under this instrument is subject to the Freedom of Information Act (5 U.S.C.
552).
9. NONDISCRIMINATION. The recipient/cooperator shall comply with all Federal
statutes relating to nondiscrimination and all applicable requirements of all other Federal
laws, Executive orders, regulations, and policies. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits
discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the
Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation
Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of
disabilities. The nondiscrimination statement which follows shall be posted in primary
and secondary recipient/cooperator offices, at the public service delivery contact point
and included, in full, on all materials regarding such recipients'/cooperators' programs
that are produced by the recipients/cooperators for public information, public education,
or public distribution:
"In accordance with Federal law and U.S. Department of Agriculture
policy, this institution is prohibited from discriminating on the basis of
Page 4of7 5
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
840801362
841311160
840771088
•
race, color, national origin, sex, age, or disability. (Not all prohibited bases
apply to all programs.)
7/5/2007
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity
provider and employer."
If the material is too small to permit the full statement to be included, the material will at
minimum include the statement, in print size no smaller than the text, that "This
institution is an equal opportunity provider. "
10. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land
at the direction of either of the parties, shall thereupon become property of the United
States, and shall be subject to the same regulations and administration of the Forest
Service as other National Forest improvements of a similar nature. No part of this
instrument shall entitle the cooperator to any share or interest in the project other than the
right to use and enjoy the same under the existing regulations of the Forest Service.
11. LEGAL AUTHORITY. The cooperator has the legal authority to enter into this
instrument, and the institutional, managerial and financial capability (including funds
sufficient to pay nonfederal share of project costs) to ensure proper planning,
management, and completion of the project.
12. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
Forest Service or the Cooperator(s) from participating in similar activities with other
public or private agencies, organizations and individuals.
13. EXTENSION OF PERFORMANCE PERIOD. The Forest Service, by written
modification may extend the performance period of this instrument for a total duration
not to exceed 5 years from its original date of execution.
14. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole,
or in part, at any time before the date of expiration.
Neither party shall incur any new obligations for the terminated portion of the instrument
after the effective date and shall cancel as many obligations as possible. Full credit shall
be allowed for each Party's expenses and all non-cancelable obligations properly incurred
up to the effective date of termination.
Excess funds shall be refunded within 60 days after the effective period.
15. PRINCIPAL CONTACTS. The principal contacts for this instrument are listed in the
Annual Operating Plan.
07-CS-11021507-038
•
PJ
Page 5 of 7 1 /
•
•
•
FS Agreement No
Berry Creek Tax ID No.
SingIetree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
16. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis-
Bacon or Service Contract Act) are applicable to any contract developed and awarded
under this instrument where all or part of the funding is provided with Federal funds.
Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and
Service Contract Act wage provisions apply to service contracts in excess of $2,500. The
Forest Service will award contracts in all situations where their contribution exceeds 50
percent of the costs of the contract. If a cooperator is approved to issue a contract it shall
be awarded on a competitive basis.
17. DUNS NUMBER (5/04): The cooperator shall furnish their DUNS number upon
execution of this instrument. You may obtain a DUNS number by contacting Dun and
Bradstreet at 800-234-3867 or 866-794-1580. A DUNS number will be provided
immediately by telephone at no charge.
18. ELECTRONIC FUNDS TRANSFER (EFT) (5/04): The recipient/cooperator shall
designate a financial institution or an authorized payment agent through which a federal
payment may be made in accordance with US Treasury Regulations, Money and Finance
at 31 CFR 208, which requires that federal payments are to be made by EFT to the
maximum extent possible. A waiver may be requested and payments received by check
by certifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language,
or literacy barrier.
In order to receive EFT payments the recipient/cooperator shall register in the Central
Contractor Registry (CCR). You may register by going to www.ccr.gov and following
the instructions provided on line. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725.
19. ENDORSEMENT. Any cooperator contributions made under this instrument do not by
direct reference or implication convey Forest Service endorsement of the cooperator's
product or activities.
20. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under
this Agreement, the parties may pursue Alternate Dispute Resolution procedures to
voluntarily resolve those issues. These procedures may include, but are not limited to,
conciliation, facilitation, mediation, and fact finding.
21. ANNUAL OPERATING/FINANCIAL PLAN. The attached AOP/financial plan is
hereby incorporated and becomes a part of this agreement.
Page 6 of 7 ,1
FS Agreement No 07-CS-11021507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
7/5/2007
22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date
of last signature and is effective through July 15, 2012 at which time it will expire unless
extended.
23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that
the individuals listed in this document as representatives of the cooperator 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
written date below.
TOWN OF AVON
RON WOLFE
MAYOR
DATE
BERRY CREEK METRO DISTRICT
DONALD E. COHEN DATE
PRESIDENT
•
SINGLETREE PROPERTY OWNERS
ASSOCIATION
USDA FOREST SERVICE
WHITE RIVER NATIONAL FOREST
HOLY CROSS RANGER DISTRICT
CHARLES POWERS DATE BRIAN A. LLOYD
PRESIDENT DISTRICT RANGER
The authority and format of this instrument
has been reviewed and approved for
signature.
~ ~ 07
Elaine Langsta-9 JA ATE
FS Agreements Coordinator
Job Code - To be Issued - $800.00
DATE
Page 7 of 7
•
l~'
FS Agreement No. 07-CS-11021507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
• 7/5/07
ANNUAL N9UAL OPERATING PLAN - EXHIBIT A
Scope of Work
1. GENERAL PROJECT DESCRIPTION: The Town of Avon, Singletree Property Owner's Association,
and Berry Creek Metro District will support the trail system on National Forest System lands north and
east of the Berry Creek Ranch subdivision (Singletree Community) and the Town of Avon's western
boundary by assisting with the following projects: 1) Stabilization and restoration of nonsystem trails, 2)
Design and improve trailheads and access points, 3) Trail Construction and Maintenance Projects, and
4) Develop a sign plan for the area, purchase and install regulatory signs and 5) Provide law enforcement
for parking violations and winter wildlife closures.
PROJECT SPECIFICS:
A. FOREST SERVICE SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Provide staff to review restoration plan, supervise contractors and volunteers on restoration
projects at "Motorcycle Flats" (National Forest System land).
b. Host at least one volunteer project to assist with stabilization and restoration of the area.
c. Provide hand tools for volunteer's projects.
2. Trailheads and Access Points:
a. Provide travel management stickers and carsonite signs that meet Forest Service (FS)
standards for each trailhead/access point.
. 3. Sign Plan: Design, Purchase and Installation:
a. Review trailhead information and regulation sign proposals.
b. As above in (2a), provide travel management signs for trails and trailheads.
4. Law Enforcement:
a. Assist with enforcement of regulations including travel management, dogs on leash (winter -
Wildridge access) and closures to all winter use remaining trails. GS-5 @ $125/day x 12 days =
$1500.
5. Trails Projects:
a. Use contributor funds ($800) to survey and flag Knob Hill Trail (GS-7 $200/day x 4 days).
Knob Hill Trail is National Forest System lands and private land with a 15 year lease.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
B. TOWN OF AVON SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Award contract for "Motorcycle Flats" stabilization and restoration using native seed mix
appropriate for site and elevation.
b. Contribute 50% of the costs of the restoration of approximately $20,000.
2. Trailheads and Access Points:
a. Improve closure to motorized bikes at likely access points to the East/West Trail - Nottingham
and Metcalf Road area.
b. Continue to work with Colorado Department of Transportation to secure Nottingham Road
Trailhead parking within their Right Of Way.
3. Sign Plan: Design, Purchase and Installation:
a. Review trailhead information and regulation sign proposals.
Page 1 of 4 19
FS Agreement No. 07-CS-11021507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
7/5/07
b. Purchase and install trailhead signs for Beaver Creek Overlook Trailhead and Access Point •
(both National Forest System lands) and Nottingham Road Trailhead (CDOT easement).
4. Law Enforcement:
a. Provide law enforcement of parking regulations (street and trailhead) and patrol to assist with
management of winter dog on leash requirements.
5. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
C. SINGLETREE PROPERTY OWNERS' ASSOCIATION SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately
$10,000.00.
2. Trailhead and Access Points:
a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail
(June Creek).
b. Purchase and install with Berry Creek Metro District 4x4x8 posts to place travel management
signs at the Avon/Singletree Trail (June Creek).
3. Sign Planning and Installation:
a. Coordinate the trailhead sign proposals and reviews.
b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill
(installed after construction). •
4. Law Enforcement:
a. Work with Eagle County Sheriff's Office to patrol the Singletree access points for parking
violations and violations of closures.
5. Trail Projects:
a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS-7 $200/day x
2 days).
b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for
Knob Hill Trail.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
D. BERRY CREEK METRO DISTRICT SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately
$10,000.00.
2. Trailhead and Access Points:
a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail
(June Creek - Berry Creek Metro District land).
b. Purchase and install with Berry Creek Metro District, 4x4x8 posts to place travel management
signs on at the Avon/Singletree Trail (June Creek).
3. Sign Planning and Installation: •
a. Coordinate the trailhead sign proposals and reviews.
b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill
(installed after construction).
Page 2 of 4
FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
•
07-CS-11021507-038
840801362
841311160
840771088
7/5/07
4. Law Enforcement:
a. Work with Eagle County Sheriff's Office to patrol the Singletree access points for parking
violations and violations of closures.
5. Trail Projects:
a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS-7 $200/day x
2 days).
b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for
Knob Hill Trail.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
E. TERM OF ANNUAL OPERATING PLAN: The project work will be completed during the period
starting as of date of final signature and ending April 30, 2008.
F. ADVANCE BILLING: Bill the cooperator/s prior to commencement of work for deposits sufficient
to cover the estimated costs (including overhead) for the specific payment period. Overhead will
not assessed due to amount of this agreement and this project being of mutual benefit.
Billing for $400.00 shall be sent to:
Singletree Property Owners'
Association
Attn: Chuck Powers
PO Box 975
Avon, CO 81620
Billing for $400.00 shall be sent to:
Berry Creek Metro District
Attn: Donald E. Cohen
PO Box 1058
Edwards, CO 81632
G. PRINCIPAL CONTACTS: The principal contacts for this instrument are:
Forest Service Project Contact
Don Dressler
Holy Cross/Eagle RD
PO Box 720
Eagle, CO 81631
Phone: 970-827-5157
FAX: 970-827-9343
E-Mail: drdressler fs.fed.us
Town of Avon
Cooperator Project Contact
Matt Pielsticker
Planner II
PO Box 975
Avon, CO 81620
Phone: 970-748-4030
FAX:. 970-845-7708
E-Mail: mpielsticker(a~,avon.org
Forest Service Administrative Contact Town of Avon
Cooperator Administrative Contact
Elaine Langstaff Judy Popeck
Grants and Agreements Specialist Accounting Assistant
PO Box 948 PO Box 975
Glenwood Springs, CO 81602-0948 Avon, CO 81620
Page 3 of 4 IL
Phone: 970-945-3224
FAX: 970-945-3211
E-Mail: elan sg taff cr,fs.fed.us
Singletree Property Owners' Association
Cooperator Project Contact
Chuck Powers
President
PO Box 1226
Edwards, CO 81632
Phone: 970-926-7020
FAX: 970-926-1225
E-Mail: charles.chuckyRgniail.com
Singletree Property Owners' Association
Cooperator Administrative Contact
Terri Martinez Johnson
PO Box 1200
Edwards, CO 81632
Phone: 970-328-5222
FAX:
E-Mail: spoa95 cr,hotmail.com
FS Agreement No. 07-CS-11021507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
7/5/07
Phone: 970-748-4020
FAX: 970-845-7708
E-Mail : 1popeck(c~ aeon, org
Berry Creek Metro District
Cooperator Project Contact
Donald E. Cohen
President, Berry Creek Metropolitan District
PO Box 1058
Edwards, CO 81632
Phone: 970-926-6060 x1
E-Mail: don cl,cimvail.com
Berry Creek Metro District
Cooperator Administrative Contact
Cheri Curtis
Berry Creek Metropolitan District
PO Box 1058
Edwards, CO 81632
Phone: (970) 926-6060 x1
FAX:
E-Mail: cheri(c~`npccpa.com
H. FINANCIAL PLAN: Attached is a Financial Plan identified as Exhibit B for Agreement No. 07-CS-
11021507-038 and this Annual Operating Plan 2007 for the project work shown above.
L J
L`
Page 4 of 4
USFS Agreement No.: 07-CS-11021507-038
Cooperator Agreement No.
• Grants & Agreements Financial Dian Worksheet e FY2007/2008
1. Financial Plan Matrix:
FOREST SERVICE
COOPERATOR
(a)
(b)
(c)
(d)
(e)
(f)
(g) (h) (i) G) (k)
Value of
Reimb.
Value of
THIRD PARTY CONTRIBUTIONS
COST ELEMENTS
Non-Cash
In-Kind
Coop.
Non-Cash
In-Kind
Cash
Cash
Non-Cash
Value of In-Kin
(m)
Direct Costs
Contrib.
Contrib.
Expenses
Contrib.
Contrib.
Contrib.
Non-Fed
Federal
Non-Fed
Federal
on-Fe
edera
Total
Salaries/Labor
$3,700.00
$18,000.00
$6,600.00
$800.00
$29,100.00
Travel
$0.00
Equipment Use
$650.00
$650.00
Supplies
$0.00
Materials
$3,600.00
$3,600.00
Printing
$0.00
Other - Contract
$40,000.00
$40,000.00
Subtotal
$4,350.00
$18,000.00
$0.00
$50,200.00
$0.00
$800.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,350.00
Indirect Costs
$0.00
Total
$4,350.00
$18,000.00
$0.00
$50,200.00
$0.00
$800.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,350.00
(n) Estimated Program Income (subtract from total of column (m):
(o) Net Total Project Value: $73,350.00
2. Cost Analysis:
Use the following section to show additional information that supports the lump sum figures
provided above. Salary/Labor = hrs or days x rate; Travel = miles x rate or months x FOR rate, days x per diem
rate; Equipment Use = hrs or days x rate; Supplies & Materials -list of items and estimated cost; Printin =
estimated cost per item; Indirect Cost = Direct cost x current indirect rate.
(a) Forest Service Salary in support of training volunteers to maintain trails, trailheads and reviewing reveg work
proposal, and supervising contractor and volunteers. GS-7 $220/day x 10 days=$2200. Law enforcement Patrols
$1500. Materials and Tools: Provide hand tools in support of projects: $500. Carsonite signs and stickers $150.
Forest Service volunteers to support restoration and trail work. $15.00 hour (GS-5) wages x 6 hours x 20 people =
(b) $18,000.
(c) None
(d) TOA: Salary:Staff time to award reveg contract ( 3 days), improve closure to motorized bikes (2 days), work with
CDOT on trailhead parking (2 days), review trailhead signs (2 days) and provide law enforcement patrols (1x week x
24 weeks) = 33 days x 8 hrs x $25.00/hr =$6600. 50% of Reveg contract $20,000. Purchase trail signs $600.
SPOA:25% of reveg contract - approx. $10,000, purchase and install trailhead signs for Knob Hill and
Avon/Singletree $500, improve access point @ Avon/Singletree $1000. BCMD: 25% of reveg contract - approx.
$10,000, purchase and install trailhead signs for Knob Hill and Avon/Singletree $500, improve access point @
Avon/Singletree $1000.
(e)
M SPOA: Provide funds to USFS for Knob Hill trail design (50%) $400. BCMD: Provide funds to USFS for Knob Hill
trail design (50%) $400.
(g)
(h)
• (i)
U)
Page 1 '~L,3
(k)
0
Matching Costs Determination
Total Forest Service Share =
(a+b+c)/(o) _ (p)
(p)
30.47%
Third Party Cash Contribution Federal (q)
(h + o) _ (q) 0.00%
Reimbursement Calculation
Forest Service Reimburseme (u)
(c)/[(c+d+f+g+i) - (n)] _ (u) 0.00%
Cooperator expenses NOT reimbursed by F! M
(d+f+g+i-n)/(c+d+f+g+i-n) _ (v 100.00%
Total Federal Cash Share = (r) Reimbursable Amount = Total actual cost incurred to date
(p+q) _ (r) 30.47% (sum of cost elements from the Cooperator's invoice as prescribed
in provisions and multiplied by
Total Cooperator Share (s) 0.00% (u) minus any previous Forest Service payments,
[(d+e+f+g+i+k) - (n)] / (o) = 69.53% not to exceed the subtotal amount listed in column (c) minus any
estimated program income.
(t)
Total (r+s) _ (t) 100.00%
3. Instructions:
Use this form in conjunction with ID 1509.11-2007-1.
Use Cost Elements that apply to the particular project. The Cost Elements listed are examples of those commonly used. Delete those that don Y apply.
Value assessed for volunteer labor should be commensurate with local labor rates for similar work. Donated materials, equipment and supplies should
be valued at rates and prices available in the current local market.
(a) Forest Service Non-Cash Contribution: Forest Service employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total
Forest Service indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Forest Service.
(b) Value of Forest Service In-Kind Contribution: Forest Service contributions toward completion of the project for which the Forest Service has incurred no
expense. These contributions include such items as volunteer labor, donated materials, equipment, supplies, etc., contributed by third parties directly to the Forest
Service. Forest Service volunteer and/or equipment rental agreements should be used to document the donated services.
(c) Reimbursable Cooperator Expenses: The figure(s) listed are both the maximum Forest Service funds to be obligated for reimbursement and Cooperator
expenses that are not included anywhere else on this form. This is an expense to the Forest Service.
(d) Cooperator Contribution: Cooperator employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total Cooperator
indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Cooperator.
(e) Value of Cooperator In-Kind Contribution: Cooperator non-cash contributions provided toward completion of the project for which the Cooperator has
incurred no expense. These contributions can be made from the Cooperator or through the Cooperator by other entities and include such items as volunteer
labor, donated materials, equipment, supplies, etc. These values are not reimbursable and can only be used to satisfy the Cooperator's matching requirement.
(f) Cash Contribution to the Forest Service: Cooperator cash contribution provided to the Forest Service for use in completing the project. This is an expense
to the Cooperator. Display by Cost Element where these funds will be expended. Be sure to cite a collection authority in the Aareement if this column is
used.
(g) Third Party Cash Contribution Non-Federal: Cash contribution provided to the Cooperator from Non-Federal organization(s) for use in the project. Display
these contributions by Cost Element expenditures.
(h) Third Party Cash Contribution Federal: Cash contributions provided to the Cooperator from Federal agency(ies) for use in the project. Display these
contributions by Cost Element expenditures.
(i) Third Party Non-Cash Contribution Non-Federal: Non-cash contribution provided to the Cooperator from Non-Federal organization(s) for use in the project.
Display these contributions by Cost Element Expenditures
(j) Third Party Non-Cash Contribution Federal: Non-cash contribution provided to the Cooperator from Federal agencie(s) for use in the project. Display these
contributions by Cost Element Expenditures.
(k) Third Party In-Kind Contribution Non-Federal: In-kind contribution provided to the Cooperator from Non-Federal organization(s) for use in the project.
Display these contribtuions by Cost Element Expenditures.
(1) Third Party In-Kind Contribution Federal: In-kind contribution provided to the Cooperator from Federal agencie(s) for use in the project. Display these
contributions by Cost Element Expenditures.
(m) Gross Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project.
(n) Estimated Program Income: The gross income estimated to be generated under the project between the effective date of award and completion of the
project, such as conference or workshop fees received, rental fees earned from renting real property or equipment acquired with agreement funds, or the sale of
commodities or items developed under the project.
Page 2
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3
Goals and Policies,
1. Parks, Recreation, Trails and Open Space
Goal 1.1: Provide an exceptional system of parks,
trails, and recreational programs to serve
the year-round leisure needs of area
residents and visitors.
Policy 1.1.1: Require new residential and
resort developments to
incorporate recreational
amenities that are accessible to
the public.
Policy 1.1.2: Continue to evaluate and
acquire parcels or easements for
open space, trails, and
recreation.
Policy 1.1.3: Integrate the town's recreational
trail system with the regional
trail systems (ECO Trails, U.S.
Forest Service, and BLM).
Policy 1.1.4: Require new annexations and
developments to include or
otherwise contribute to land for
trails, open space, and
recreation purposes.
Policy 1.1.5: Coordinate with Eagle County
and other government and non-
profit agencies in planning,
protecting, and managing public
open space, and in providing
access and linkage
opportunities.
Policy 1.1.6: Conduct a master plan study of
Nottingham Park so that
potential program enhancements
can be identified to better
activate and enhance the park as
Avon's primary recreational and
cultural center.
,Town of Avon Comprehensive Plan
Page 61
EXHIBIT C
0
•
•
•
Goals and Policies
Policy 1.1.7 Develop a river front park that
connects the Eagle River to the
Town Center Districts and
Nottingham Park.
Goal 1.2: Coordinate and collaborate with surrounding
jurisdictions and agencies to develop
seamless recreational opportunities.
Policy 1.2.1: Participate in travel
management planning by the
U.S. Forest Service to ensure
that the adequate development
and long-term maintenance of
trails and trailheads are meeting
the town's needs.
Policy 1.2.2: Collaborate with other
recreation providers such as
Western Eagle County
Metropolitan Recreation District
and private homeowners
associations to discuss joint use
of facilities and coordinated
event planning.
Policy 1.2.3: Prevent U.S. Forest Service and
BLM land swaps within the 3-
mile planning area.
J. Public Services, Facilities, Utilities and Government
Goal J.1: Utilize this comprehensive plan in all town
dealings including capital planning,
operation/maintenance of facilities, and
programming of events.
Policy J.1.1: Consistently adhere to
established policies and
regulations.
Policy J.1.2: Analyze town spending to
assure that the priorities of this
comprehensive plan are being
considered for implementation.
Goal J.2: Ensure cost effective provision and
development of public facilities and
services.
Town of Avon Comprehensive Plan
Page 62
LI
,•y. United States
Department of
Forest White River Supervisor's Office
Service National 900 Grand Avenue
Agriculture
Forest PO Box 948
Glenwood Spgs CO 81602
(970) 945-2521
TTY (970) 945-3255
FAX (970) 945-3266
File Code: 1580
Date: August 27, 2007
Town of Avon
Matt Pielsticker
PO Box 975
Avon, CO 81620
GRANTS & AGREEMENTS TRANSMITTAL LETTER
❑ Grant or ® Agreement No: Challenge Cost Share Agreement No. 07-CS-11021507-038.
❑ Enclosed is/are original(s) and copy(ies) of the referenced document which
has been signed on behalf of the USDA Forest Service.
❑ Please return a fully executed copy for our files.
® We have retained a fully executed copy for our files.
❑ Please note and initial change(s), then return a fully executed copy for our files.
❑ Please have all the copies signed by an authorized individual and return all copies to the
above address. A fully executed copy will be returned for your files.
® We are submitting a fully executed copy for your files.
Please direct any inquires regarding the above referenced document to me at (970) 945-3224.
Please use the enclosed self-addressed envelope for your convenience.
Sincerely,
Elaine Langstaff
Grants and Agreements Coordinator
enclosure
IJ~S
~
4w-.
Caring for the Land and Serving People Printed on Recycled Paper
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
.841311160
840771088
7/5/2007
CHALLENGE COST SHARE AGREEMENT
BETWEEN
TOWN OF AVON, SINGLETREE PROPERTY OWNERS' ASSOCIATION,
BERRY CREEK METRO DISTRICT
AND
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WHITE RIVER NATIONAL FOREST, HOLY CROSS RANGER DISTRICT
This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and
between the Town of Avon, hereinafter referred to as Avon, Singletree Property Owners'
Association, hereinafter referred to as Singletree, Berry Creek Metro District, hereinafter referred
to as Berry Creek, and United States Department of Agriculture Forest Service, are hereinafter
referred to as Forest Service, under the provisions of the Department of Interior and Related
Agencies Appropriation Act of 1992, P.L. 102-154 and Cooperative Funds Act of June 30, 1914
(16 U.S.C. 498 as amended by Public Law 104-127).
A. PURPOSE:
The purpose of this agreement is to articulate the working arrangement between the Forest
Service, Town of Avon, Berry Creek Metro District, and Singletree Property Owners'
Association on planning, developing, and maintaining a recreational trail system on National
Forest System lands north and east of the Berry Creek Ranch Subdivision (Singletree
Community), Filing 1 through 4, and the Town of Avon's western boundary. This working
arrangement includes aspects of trail management including signing, development of
sustainable trails, maintenance, stabilization and revegetation of degraded areas and visitor
education and law enforcement as described in the Decision Memo dated April 26, 2007. The
challenge is to protect both the natural environment and the recreation experience in light of
increased developmental pressures in the area. This trail system project is located in TSS,
R82W, Sections 2 and 3 National Forest portions of and all located on National Forest
System lands.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The Forest Service, Avon, Berry Creek, and Singletree enter into this agreement with a goal
of providing outstanding recreational opportunities for the public, while sustaining natural
processes, protecting wildlife habitat, and preserving open space. The Chief of the Forest
Service has identified the loss of open space and unmanaged recreation as two of four key
threats to the environmental sustainability of National Forest System lands.
The Town of Avon's Comprehensive Plan (02/06) has the goal of providing "an exceptional
system of parks, trails, and recreational programs to serve the year-round leisure needs of
area residents and visitors" and the policy to "Integrate the town's recreational trail system
with the regional trail systems (Eagle County Trails, U.S. Forest Service, and BLM)."
Page I of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
The Singletree Community (Berry Creek Ranch Subdivision), which is represented by the
Berry Creek Metro District ("BCMD") and Singletree Property Owners' Association, has
established a strategic plan to pursue "strategies and work in concert with others to retain our
open space. The plan also states "Trail programs to provide proper access to public lands for
our residents will be pursued". Singletree identified in their strategic plan actions to pursue
"strategies and work in concert with others to retain our open space. Trail programs to
provide proper access to public lands for our residents will be pursued."
Berry Creek has already acted to invest funds to improve access for the trail at
Charolais/Mesquite (FDR 7-1879.1). Additionally, Lot 1, Block 2 in the third filing of the
subdivision was purchased to provide access to the Forest Service parcel east of the
Singletree community, the area which is targeted by this agreement. The Singletree
community shares boundaries with the Forest Service to the east, west and north, has over
950 dwelling units and a population of over 2,000 residents, the large majority of which are
full time residents of Eagle County.
It is mutually beneficial to work in partnership to develop and maintain quality trail
recreation experiences, protect wildlife habitat, preserve open space, provide volunteer
stewardship opportunities, and build grass-roots constituencies to care for National Forest
System lands.
The parties recognize that the Forest Service will be the ultimate decision maker with regard
to all aspects of analysis, construction, restoration and maintenance of the National Forest
System trails or routes and management of these lands in compliance with established laws,
regulations and policies.
C. FOREST SERVICE SHALL:
1. Provide expertise and oversight on trail construction standards and signing for this trail
system project.
2. Survey, design, and layout all trail construction and reconstruction plans.
3. Review and authorize all trail and trailhead construction plans on National Forest System
lands.
4. Provide Forest Service staff to train Forest Service volunteers to maintain trails,
trailheads, and trail access points. Teach Forest Service volunteers visitor contact
protocol and the importance of safety and being a "good host."
5. Provide hand tools needed for maintenance and construction projects.
D. AVON SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
Page 2 of 7
FS Agreement No
07-CS-11021507-038
Berry Creek Tax ID No.
840801362
Singletree Tax ID No.
841311160
Avon Tax ID No.
840771088
7/5/2007
2. Design, survey, and construct the Nottingham Road and Beaver Creek Lookout
trailheads.
3. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
E. SINGLETREE SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
2. Design and construct Knob Hill Trail Access Point.
3. Redesign and improve the existing Avon/Singletree Access Point.
4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
F. BERRY CREEK SHALL:
1. Provide funding and/or materials to support trail reconstruction, maintenance, signing,
and site rehabilitation as agreed to in the annual operating and financial plan.
2. Design and construct Knob Hill Trail Access Point.
3. Redesign and improve the existing Avon/Singletree Access Point.
4. Recruit and sponsor Forest Service trail volunteers to support trail, trailhead, and access
point maintenance and to patrol for compliance with regulations.
G. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
CONTINUING PARTNERSHIP. All parties will arrange for a continuing consultation at
a minimum on an annual basis to discuss the conditions covered by this agreement and
agree to actions necessary to implement and further the stated goals. These goals will be
agreed to in writing by both parties in accordance with G.6. below.
2. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS
Forest Service support shall be acknowledged in any publications and audiovisuals
developed as a result of this instrument.
COLLECTION OF AMOUNTS DUE THE FEDERAL GOVERNMENT Pursuant to
31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to a cooperator in excess of
the amount to which the cooperator is finally determined to be entitled under the terms
and conditions of the award constitute a debt to the Federal Government. If not paid
within a reasonable period after the demand for payment, the Federal awarding may
reduce the debt by:
(1) Making an administrative offset against other requests for reimbursements.
(2) Withholding advance payments otherwise due to the cooperator.
Page 3 of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
(3) Taking other action permitted by statue.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
Except as otherwise provided by law, the Federal awarding agency shall charge interest
on an overdue debt.
4. TAXPAYER IDENTIFICATION NUMBER. The cooperator shall furnish their tax
identification number upon execution of this instrument.
FUNDING EQUIPMENT AND SUPPLIES. Federal funding under this instrument is not
available for reimbursement of recipient/cooperator purchase of equipment (and
supplies).
6. MODIFICATION. Modifications within the scope of the instrument shall be made by
mutual consent of the parties, by the issuance of a written modification, signed and dated
by all parties, prior to any changes being performed. The Forest Service is not obligated
to fund any changes not properly approved in advance.
RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Forest Service,
Inspector General, or Comptroller General, through any authorized representative, shall
have access to and the right to examine all records related to this instrument. As used in
this provision, "records" includes books, documents, accounting procedures and
practices, and other data regardless of type and regardless of whether such items are in
written form, in the form of computer data, or in any other form. All records pertinent to
this agreement shall be retained for a period of 3 years.
8. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest
Service under this instrument is subject to the Freedom of Information Act (5 U.S.C.
552).
9. NONDISCRIMINATION. The recipient/cooperator shall comply with all Federal
statutes relating to nondiscrimination and all applicable requirements of all other Federal
laws, Executive orders, regulations, and policies. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits
discrimination on the basis of race, color, disability, or national origin; (b) Title IX of the
Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation
Act of 1973 as amended (29 USC 794) which prohibits discrimination on the basis of
disabilities. The nondiscrimination statement which follows shall be posted in primary
and secondary recipient/cooperator offices, at the public service delivery contact point
and included, in full, on all materials regarding such recipients'/cooperators' programs
that are produced by the recipients/cooperators for public information, public education,
or public distribution:
"In accordance with Federal law and U.S. Department of Agriculture
policy, this institution is prohibited from discriminating on the basis of
Page 4 of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
race, color, national origin, sex, age, or disability. (Not all prohibited bases
apply to all programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity
provider and employer."
If the material is too small to permit the full statement to be included, the material will at
minimum include the statement, in print size no smaller than the text, that "This
institution is an equal opportunity provider. "
10. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land
at the direction of either of the parties, shall thereupon become property of the United
States, and shall be subject to the same regulations and administration of the Forest
Service as other National Forest improvements of a similar nature. No part of this
instrument shall entitle the cooperator to any share or interest in the project other than the
right to use and enjoy the same under the existing regulations of the Forest Service.
11. LEGAL AUTHORITY. The cooperator has the legal authority to enter into this
instrument, and the institutional, managerial and financial capability (including funds
sufficient to pay nonfederal share of project costs) to ensure proper planning,
management, and completion of the project.
12. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the
Forest Service or the Cooperator(s) from participating in similar activities with other
public or private agencies, organizations and individuals.
13. EXTENSION OF PERFORMANCE PERIOD. The Forest Service, by written
modification may extend the performance period of this instrument for a total duration
not to exceed 5 years from its original date of execution.
14. TERMINATION. Any of the parties, in writing, may terminate the instrument in whole,
or in part, at any time before the date of expiration.
Neither party shall incur any new obligations for the terminated portion of the instrument
after the effective date and shall cancel as many obligations as possible. Full credit shall
be allowed for each Party's expenses and all non-cancelable obligations properly incurred
up to the effective date of termination.
Excess funds shall be refunded within 60 days after the effective period.
15. PRINCIPAL CONTACTS. The principal contacts for this instrument are listed in the
Annual Operating Plan.
Page 5 of 7
FS Agreement No 07-CS-1 1 02 1 507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
7/5/2007
16. DAVIS-BACON OR SERVICE CONTRACT ACT. Federal wage provisions (Davis-
Bacon or Service Contract Act) are applicable to any contract developed and awarded
under this instrument where all or part of the funding is provided with Federal funds.
Davis-Bacon wage rates apply on all public works contracts in excess of $2,000 and
Service Contract Act wage provisions apply to service contracts in excess of $2,500. The
Forest Service will award contracts in all situations where their contribution exceeds 50
percent of the costs of the contract. If a cooperator is approved to issue a contract it shall
be awarded on a competitive basis.
17. DUNS NUMBER (5/04 The cooperator shall furnish their DUNS number upon
execution of this instrument. You may obtain a DUNS number by contacting Dun and
Bradstreet at 800-234-3867 or 866-794-1580. A DUNS number will be provided
immediately by telephone at no charge.
18. ELECTRONIC FUNDS TRANSFER (EFT) (5/04): The recipient/cooperator shall
designate a financial institution or an authorized payment agent through which a federal
payment may be made in accordance with US Treasury Regulations, Money and Finance
at 31 CFR 208, which requires that federal payments are to be made by EFT to the
maximum extent possible. A waiver may be requested and payments received by check
by certifying in writing that one of the following situations apply:
1. The payment recipient does not have an account at a financial institution.
2. EFT creates a financial hardship because direct deposit will cost the payment
recipient more than receiving a check.
3. The payment recipient has a physical or mental disability, or a geographic, language,
or literacy barrier.
In order to receive EFT payments the recipient/cooperator shall register in the Central
Contractor Registry (CCR). You may register by going to www.ccr.gov and following
the instructions provided on line. For assistance, contact the CCR Assistance Center at
888-227-2423 or 269-961-4725.
19. ENDORSEMENT. Any cooperator contributions made under this instrument do not by
direct reference or implication convey Forest Service endorsement of the cooperator's
product or activities.
20. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy under
this Agreement, the parties may pursue Alternate Dispute Resolution procedures to
voluntarily resolve those issues. These procedures may include, but are not limited to,
conciliation, facilitation, mediation, and fact finding.
21. ANNUAL OPERATING/FINANCIAL PLAN. The attached AOP/financial plan is
hereby incorporated and becomes a part of this agreement.
Page 6 of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date
of last signature and is effective through July 15, 2012 at which time it will expire unless
extended.
23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that
the individuals listed in this document as representatives of the cooperator 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
written date below.
TOWN OF AVON
RON WOLFE
MAYOR
BERRY CREEK METRO DISTRICT
DATE DONALD E. COHEN DATE
PRESIDENT
SINGLETREE PROPERTY OWNERS
ASSOCIATION r\
PRESIDENT
The authority and format of this instrument
has been reviewed and approved for
signature.
n,m,~ 5~~ -
Elaine Langsta f DATE
FS Agreements Coordinator
Job Code - To be Issued - $800.00
USDA FOREST SERVICE
WHITE RIVER NATIONAL FOREST
HOLY CROSS RANGER DISTRICT
Wo I , K 4~~ -I
DATE'
TE 'BRIAN A. LLOYD DATE
DISTRICT RANGER
Page 7 of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date
of last signature and is effective through July 15, 2012 at which time it will expire unless
extended.
23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that
the individuals listed in this document as representatives of the cooperator 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
written date below.
TOWN OF AVON
RON WOLFE
MAYOR
SINGLETREE PROPERTY OWNERS
ASSOCIATION
CHARLES POWERS DATE
PRESIDENT
BERRY CREEK METRO DISTRICT
DONALD E. COHEN DATE
PRESIDENT
DATE
USDA FOREST SERVICE
WHITE RIVER NATIONAL FOREST
HOLY CROSS RANGER DISTRICT
BRIAN A. LLOYD DATE
DISTRICT RANGER
The authority and format of this instrument
has been reviewed and approved for
signature.
tQ6~~
Elaine Langst-a-W Q) DA E
FS Agreements Coordinator
Job Code - To be Issued - $800.00
Page 7 of 7
FS Agreement No
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/2007
22. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date
of last signature and is effective through July 15, 2012 at which time it will expire unless
extended.
23. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies that
the individuals listed in this document as representatives of the cooperator 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
written date below.
TOWN OF AV
RON WOLFE DA E
MAYOR
BERRY CREEK METRO DISTRICT
DONALD E. COHEN DATE
PRESIDENT
SINGLETREE PROPERTY OWNERS
ASSOCIATION
CHARLES POWERS DATE
PRESIDENT
The authority and format of this instrument
has been reviewed and approved for
signature.
X07
Elaine Langsta ATE
FS Agreements Coordinator
Job Code - To be Issued - $800.00
USDA FOREST SERVICE
WHITE RIVER NATIONAL FOREST
HOLY CROSS RANGER DISTRICT
BRIAN A. LLOYD DATE
DISTRICT RANGER
Page 7 of 7
FS Agreement No. 07-CS-11021507-038
Berry Creek Tax ID No. 840801362
Singletree Tax ID No. 841311160
Avon Tax ID No. 840771088
7/5/07
ANNUAL OPERATING PLAN - EXHIBIT A
Scope of Work
1. GENERAL PROJECT DESCRIPTION: The Town of Avon, Singletree Property Owner's Association,
and Berry Creek Metro District will support the trail system on National Forest System lands north and
east of the Berry Creek Ranch subdivision (Singletree Community) and the Town of Avon's western
boundary by assisting with the following projects: 1) Stabilization and restoration of nonsystem trails, 2)
Design and improve trailheads and access points, 3) Trail Construction and Maintenance Projects, and
4) Develop a sign plan for the area, purchase and install regulatory signs and 5) Provide law enforcement
for parking violations and winter wildlife closures.
PROJECT SPECIFICS:
A. FOREST SERVICE SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Provide staff to review restoration plan, supervise contractors and volunteers on restoration
projects at "Motorcycle Flats" (National Forest System land).
b. Host at least one volunteer project to assist with stabilization and restoration of the area.
c. Provide hand tools for volunteer's projects.
2. Trailheads and Access Points:
a. Provide travel management stickers and carsonite signs that meet Forest Service (FS)
standards for each trailhead/access point.
3. Sign Plan: Design, Purchase and Installation:
a. Review trailhead information and regulation sign proposals.
b. As above in (2a), provide travel management signs for trails and trailheads.
4. Law Enforcement:
a. Assist with enforcement of regulations including travel management, dogs on leash (winter -
Wildridge access) and closures to all winter use remaining trails. GS-5 @ $125/day x 12 days =
$1500.
5. Trails Projects:
a. Use contributor funds ($800) to survey and flag Knob Hill Trail (GS-7 $200/day x 4 days).
Knob Hill Trail is National Forest System lands and private land with a 15 year lease.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
B. TOWN OF AVON SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Award contract for "Motorcycle Flats" stabilization and restoration using native seed mix
appropriate for site and elevation.
b. Contribute 50% of the costs of the restoration of approximately $20,000.
2. Trailheads and Access Points:
a. Improve closure to motorized bikes at likely access points to the East/West Trail - Nottingham
and Metcalf Road area.
b. Continue to work with Colorado Department of Transportation to secure Nottingham Road
Trailhead parking within their Right Of Way.
3. Sign Plan: Design, Purchase and Installation:
a. Review trailhead information and regulation sign proposals.
Page 1 of 4
FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-11021507-038
840801362
841311160
840771088
7/5/07
b. Purchase and install trailhead signs for Beaver Creek Overlook Trailhead and Access Point
(both National Forest System lands) and Nottingham Road Trailhead (CDOT easement).
4. Law Enforcement:
a. Provide law enforcement of parking regulations (street and trailhead) and patrol to assist with
management of winter dog on leash requirements.
5. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
C. SINGLETREE PROPERTY OWNERS' ASSOCIATION SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately
$10,000.00.
2. Trailhead and Access Points:
a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail
(June Creek).
b. Purchase and install with Berry Creek Metro District 4x4x8 posts to place travel management
signs at the Avon/Singletree Trail (June Creek).
3. Sign Planning and Installation:
a. Coordinate the trailhead sign proposals and reviews.
b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill
(installed after construction).
4. Law Enforcement:
a. Work with Eagle County Sheriff's Office to patrol the Singletree access points for parking
violations and violations of closures.
5. Trail Projects:
a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS-7 $200/day x
2 days).
b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for
Knob Hill Trail.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
D. BERRY CREEK METRO DISTRICT SHALL:
1. Stabilize and Restoration of nonsystem trails:
a. Reimburse Town of Avon for 25% of the restoration of "Motorcross Flats" for approximately
$10,000.00.
2. Trailhead and Access Points:
a. Improve fencing and signing on the existing trail access point for the Avon/Singletree Trail
(June Creek - Berry Creek Metro District land).
b. Purchase and install with Berry Creek Metro District, 4x4x8 posts to place travel management
signs on at the Avon/Singletree Trail (June Creek).
3. Sign Planning and Installation:
a. Coordinate the trailhead sign proposals and reviews.
b. Purchase and install trailhead signs for Avon/Singletree (June Creek) trailhead and Knob Hill
(installed after construction).
Page 2 of 4
FS Agreement No.
Berry Creek Tax ID No.
Singletree Tax ID No.
Avon Tax ID No.
07-CS-1 1 02 1 507-038
840801362
841311160
840771088
7/5/07
4. Law Enforcement:
a. Work with Eagle County Sheriff's Office to patrol the Singletree access points for parking
violations and violations of closures.
5. Trail Projects:
a. Provide funds ($400) to US Forest Service to survey and flag Knob Hill Trail (GS-7 $200/day x
2 days).
b. Finalize Memorandum of Understanding and 15 year lease agreement with Sonnenalp for
Knob Hill Trail.
6. Coordination:
a. Meet in mid-October to review completion of operating plan and to plan and budget for 2008
field operations.
b. Send draft copies of all press releases regarding trails, signs, or closures to cooperators and
Forest Service for review prior to release.
E. TERM OF ANNUAL OPERATING PLAN: The project work will be completed during the period
starting as of date of final signature and ending April 30, 2008.
F. ADVANCE BILLING: Bill the cooperator/s prior to commencement of work for deposits sufficient
to cover the estimated costs (including overhead) for the specific payment period. Overhead will
not assessed due to amount of this agreement and this project being of mutual benefit.
Billing for $400.00 shall be sent to:
Singletree Property Owners'
Association
Attn: Chuck Powers
PO Box 975
Avon, CO 81620
Billing for $400.00 shall be sent to:
Berry Creek Metro District
Attn: Donald E. Cohen
PO Box 1058
Edwards, CO 81632
G. PRINCIPAL CONTACTS: The principal contacts for this instrument are:
Forest Service Project Contact
Don Dressler
Holy Cross/Eagle RD
PO Box 720
Eagle, CO 81631
Phone: 970-827-5157
FAX: 970-827-9343
E-Mail: drdressler cAfs.fed.us
Town of Avon
Cooperator Project Contact
Matt Pielsticker
Planner II
PO Box 975
Avon, CO 81620
Phone: 970-748-4030
FAX: 970-845-7708
E-Mail: mpielsticker(aavon.org
Forest Service Administrative Contact
Elaine Langstaff
Grants and Agreements Specialist
PO Box 948
Glenwood Springs, CO 81602-0948
Town of Avon
Cooperator Administrative Contact
Judy Popeck
Accounting Assistant
PO Box 975
Avon, CO 81620
Page 3 of 4
Phone: 970-945-3224
FAX: 970-945-3211
E-Mail: elan sg taff(a,fs.fed.us
Singletree Property Owners' Association
Cooperator Project Contact
Chuck Powers
President
PO Box 1226
Edwards, CO 81632
Phone: 970-926-7020
FAX: 970-926-1225
E-Mail: charles.chuckp Agmail.com
Singletree Property Owners' Association
Cooperator Administrative Contact
Terri Martinez Johnson
PO Box 1200
Edwards, CO 81632
Phone: 970-328-5222
FAX:
E-Mail: spoa950,hotmail.com
FS Agreement No.
07-CS-11021507-038
Berry Creek Tax ID No.
840801362
Singletree Tax ID No.
841311160
Avon Tax ID No.
840771088
7/5/07
Phone: 970-748-4020
FAX: 970-845-7708
E-Mail: jpopeck &avon.or
g
Berry Creek Metro District
Cooperator Project Contact
Donald E. Cohen
President, Berry Creek Metropolitan District
PO Box 1058
Edwards, CO 81632
Phone: 970-926-6060 x l
E-Mail: donAcimvail.com
Berry Creek Metro District
Cooperator Administrative Contact
Cheri Curtis
Berry Creek Metropolitan District
PO Box 1058
Edwards, CO 81632
Phone: (970) 926-6060 x l
FAX:
E-Mail: cheri(&rmpccpa.com
H. FINANCIAL PLAN: Attached is a Financial Plan identified as Exhibit B for Agreement No. 07-CS-
11021507-038 and this Annual Operating Plan 2007 for the project work shown above.
Page 4 of 4
USFS Agreement No.:
Cooperator Agreement No.
Grants & Agreements Financial Plan Worksheet - FY2007/2008
Financial Plan Matrix:
07-CS-11021507-038
FOREST SERVICE
COOPERATOR
(a)
(b)
(c)
(d)
(e)
(f)
(g) (h) (1) G) (k) (1)
Value of
Reimb.
Value of
THIRD PARTY CONTRIBUTIONS
COST ELEMENTS
Non-Cash
In-Kind
Coop.
Non-Cash
In-Kind
Cash
Cash
Non-Cash
Value of In-Kin
Direct Costs
Contrib.
Contrib.
Expenses
Contrib.
Contrib.
Contrib.
Non-Fed
Federal
Non-Fed
Federal
on-Fe
edera
(m)
Total
Salaries/Labor
$3,700.00
$18,000.00
$6,600.00
$800.00
$29,100.00
Travel
$0.00
Equipment Use
$650.00
$650.00
Supplies
$0.00
Materials
$3,600.00
$3,600.00
Printing
$0.00
Other - Contract
$40,000.00
$40,000.00
Subtotal
$4,350.00
$18,000.00
$0.00
$50,200.00
$0.00
$800.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,350.00
Indirect Costs
$0.00
Total
$4,350.00
$18,000.00
$0.00
$50,200.00
$0.00
$800.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,350.00
(n) Estimated Program Income (subtract from total of column (m):
(o) Net Total Project Value: $73,350.00
2. Cost Analysis:
Use the following section to show additional information that supports the lump sum figures
provided above. Salary/Labor = hrs or days x rate; Travel = miles x rate or months x FOR rate, days x per diem
rate; Equipment Use = hrs or days x rate; Supplies & Materials --list of items and estimated cost, Printing =
estimated cost per item; Indirect Cost = Direct cost x current indirect rate.
(a) Forest Service Salary in support of training volunteers to maintain trails, trailheads and reviewing reveg work
proposal, and supervising contractor and volunteers. GS-7 $220/day x 10 days=$2200. Law enforcement Patrols
$1500. Materials and Tools: Provide hand tools in support of projects: $500. Carsonite signs and stickers $150.
Forest Service volunteers to support restoration and trail work. $15.00 hour (GS-5) wages x 6 hours x 20 people =
(b) $18,000.
(c) None
(d) TOA: Salary:Staff time to award reveg contract ( 3 days), improve closure to motorized bikes (2 days), work with
CDOT on trailhead parking (2 days), review trailhead signs (2 days) and provide law enforcement patrols (1x week x
24 weeks) = 33 days x 8 hrs x $25.00/hr =$6600. 50% of Reveg contract $20,000. Purchase trail signs $600.
SPOA:25% of reveg contract - approx. $10,000, purchase and install trailhead signs for Knob Hill and
Avon/Singletree $500, improve access point @ Avon/Singletree $1000. BCMD: 25% of reveg contract - approx.
$10,000, purchase and install trailhead signs for Knob Hill and Avon/Singletree $500, improve access point @
Avon/Singletree $1000.
(e)
(j) SPOA: Provide funds to USFS for Knob Hill trail design (50%) $400. BCMD: Provide funds to USFS for Knob Hill
trail design (50%) $400.
(g)
(h)
0)
Page 1
(k)
Matching Costs Determination
Total Forest Service Share = (p)
(a+b+c)/(o) _ (p) 30.47%
Third Party Cash Contribution Federal (q)
(h + o) _ (q) 0.00%
Total Federal Cash Share = (r)
(p+q) _ (r) 30.47%
Total Cooperator Share (s)
[(d+e+f+g+i+k) - (n)l / (o) = 69.53%
e~
(t)
Total (r+s) _ (t) 100.00%
3. Instructions:
Use this form in conjunction with ID 1509.11-2007-1
Reimbursement Calculation
Forest Service Reimburseme (u)
(c)/[(c+d+f+g+i) - (n)] _ (u) 0.00%
Cooperator expenses NOT reimbursed by F; (V)
(d+f+g+i-n)/(c+d+f+g+i-n) _ (v 100.00%
Reimbursable Amount = Total actual cost incurred to date
(sum of cost elements from the Cooperator's invoice as prescribed
in provisions and multiplied by
0.00% (u) minus any previous Forest Service payments,
not exceed the subtotal amount listed in column (c) minus any
estimated program income.
Use Cost Elements that apply to the particular project. The Cost Elements listed are examples of those commonly used. Delete those that donI apply.
Value assessed for volunteer labor should be commensurate with local labor rates for similar work. Donated materials, equipment and supplies should
be valued at rates and prices available in the current local market.
(a) Forest Service Non-Cash Contribution: Forest Service employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total
Forest Service indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Forest Service.
(b) Value of Forest Service In-Kind Contribution: Forest Service contributions toward completion of the project for which the Forest Service has incurred no
expense. These contributions include such items as volunteer labor, donated materials, equipment, supplies, etc., contributed by third parties directly to the Forest
Service. Forest Service volunteer and/or equipment rental agreements should be used to document the donated services.
(c) Reimbursable Cooperator Expenses: The figure(s) listed are both the maximum Forest Service funds to be obligated for reimbursement and Cooperator
expenses that are not included anywhere else on this form. This is an expense to the Forest Service.
(d) Cooperator Contribution: Cooperator employee salaries, travel, equipment, supplies, etc., provided toward completion of the project. Total Cooperator
indirect cost (overhead) is also included in this column. All the costs listed here are an expense to the Cooperator.
(e) Value of Cooperator In-Kind Contribution: Cooperator non-cash contributions provided toward completion of the project for which the Cooperator has
incurred no expense. These contributions can be made from the Cooperator or through the Cooperator by other entities and include such items as volunteer
labor, donated materials, equipment, supplies, etc. These values are not reimbursable and can only be used to satisfy the Cooperator's matching requirement.
(f) Cash Contribution to the Forest Service: Cooperator cash contribution provided to the Forest Service for use in completing the project. This is an expense
to the Cooperator. Display by Cost Element where these funds will be expended. Be sure to cite a collection authority in the Agreement if this column is
used.
(g) Third Party Cash Contribution Non-Federal: Cash contribution provided to the Cooperator from Non-Federal organization(s) for use in the project. Display
these contributions by Cost Element expenditures.
(h) Third Party Cash Contribution Federal: Cash contributions provided to the Cooperator from Federal agency(ies) for use in the project. Display these
contributions by Cost Element expenditures.
(i) Third Party Non-Cash Contribution Non-Federal: Non-cash contribution provided to the Cooperator from Non-Federal organization(s) for use in the project.
Display these contributions by Cost Element Expenditures
0) Third Party Non-Cash Contribution Federal: Non-cash contribution provided to the Cooperator from Federal agencie(s) for use in the project. Display these
contributions by Cost Element Expenditures.
(k) Third Party In-Kind Contribution Non-Federal: In-kind contribution provided to the Cooperator from Non-Federal organization(s) for use in the project.
Display these contribtuions by Cost Element Expenditures.
(1) Third Party In-Kind Contribution Federal: In-kind contribution provided to the Cooperator from Federal agencie(s) for use in the project. Display these
contributions by Cost Element Expenditures.
(m) Gross Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project.
(n) Estimated Program Income: The gross income estimated to be generated under the project between the effective date of award and completion of the
project, such as conference or workshop fees received, rental fees earned from renting real property or equipment acquired with agreement funds, or the sale of
commodities or items developed under the project.
Page 2
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