HomeMy WebLinkAboutC21-105 National Forest FoundationAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND NATIONAL FOREST FOUNDATION THIS AGREEMENT (“Agreement”) is effective as of the ____________________, by and between National Forest Foundation, a Colorado non-profit corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, the preservation and protection of the natural environment and wildlife species are of utmost priority for the community of Eagle County; and WHEREAS, on December 17th, 2017, the Board of County Commissioners of Eagle County, Colorado adopted the Safe Passages for Wildlife Plan, which identifies key priorities for improving safety and wildlife habitat connectivity; and WHEREAS, in 2020, the Consultant, along with identified partners and stakeholders, developed the Eagle County Community Wildlife Roundtable Action Plan identified as Exhibit B; and WHEREAS, County desires to retain Consultant to complete initiatives as identified in Exhibit A to continue to convene the Eagle County Community Wildlife Roundtable to implement actions identified in the Eagle County Community Wildlife Roundtable Action Plan, Exhibit B to maintain and improve wildlife populations in Eagle County; and WHEREAS, Consultant is authorized to do business in the state of Colorado and has the time, skill, expertise, and experience necessary to provide the services; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1.Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A, (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a.Consultant agrees to furnish the Services in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 3/31/2021 C21-105 Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County’s Representative. The Sustainable Communities Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through December 31, 2021 or upon completion of the Services whichever is earlier. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. Consultant will provide dedicated staffing to administer services to facilitate implementation of the Action Plan initiatives as identified in Exhibit A for the amount not to exceed thirteen thousand thirty seven dollars ($13,037) as reimbursement. Invoices shall be paid monthly as submitted to the County and shall include detail as articulated in Exhibit A. 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. The Consultant may enter into sub-consultant agreements for the performance of work related to the Eagle County Community Wildlife Roundtable such as Project Management and Facilitation. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 Contractor shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Automobile coverage to be carried by Consultant or its sub-consultants, as applicable, if operating a motor vehicle during the performance of the Services. ii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. b. Other Requirements. i. The commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance reflecting the commercial general liability coverage and foregoing requirement is attached hereto as Exhibit C. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Services has expired provided that the coverage is commercially available at a reasonable premium. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. v. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 vi. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as an such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub- consultants hereunder including claims for bodily injury or personal injury including death, or loss or damage to tangible or intangible property; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and worksheets produced, or prepared by or for Consultant (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Adam Palmer 500 Broadway Post Office Box 660 Eagle, CO 81631 Telephone: 970-328-8734 Facsimile: 970-328-8788 With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 Facsimile: 970-328-8699 CONSULTANT: National Forest Foundation Attention: Emily Olsen 390 Union Boulevard, Suite 400 Denver , CO 80228 Email: eolsen@nationalforests.org Telephone: (720) 219-0682 Facsimile: (406) 542-2810 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Consultant. Upon expiration or termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. Further, Consultant shall immediately return to County all unexpended funds advanced by County to Consultant. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements. a. In rendering the Services hereunder, Consultant shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism are maintained. The performance of such obligation shall be determined at the sole discretion of County. In the event County finds these standards of customer service are not being met by Consultant, County may terminate this Agreement, in whole or in part, upon seven (7) days’ notice to Consultant. b. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. c. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed, to the extent required under applicable law, to perform the Services within Colorado. d. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. e. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. f. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable federal and state laws, codes, rules and regulations. g. Contractor shall comply with the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin or handicap. h. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. i. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. j. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. k. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. l. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. m. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 n. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. o. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., regarding Illegal Aliens- Public Contracts for Services, and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an illegal alien to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1) of the paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT: By: _________________________ Mary Mitsos President & CEO National Forest Foundation DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 EXHIBIT A SCOPE OF WORK Community Wildlife Roundtable Facilitation of Year 2 of the Eagle County Community Wildlife Roundtable PURPOSE The National Forest Foundation (Consultant) will provide facilitation services related to the Eagle County Community Wildlife Roundtable. Through this proposal, the NFF would coordinate closely with key stakeholders including Eagle County, the USDA Forest Service, Town of Vail and others, to facilitate the proposed Roundtable for its second year. The goal of the second year of facilitation will focus on implementing the Community Wildlife Roundtable’s Action Plan and other related activities. PROPOSED PROCESS STEPS & TIMELINE These steps may be adjusted as needed based on further discussion. (1) March 2021: Launch second year of Eagle County Community Wildlife Roundtable with a full Roundtable meeting to kick off the implementation phase of the Eagle County Community Roundtable Action Plan. See Exhibit B which contains the Plan. Also host meetings with each standing committee (Education/Outreach, Habitat Management, Recreation, Land Use Planning, Organizing Committee). (2) March 2021-November 2021: Organize, coordinate, and facilitate 8 full Roundtable meetings, as well as up to 40 additional committee meetings (assuming 8 committee meetings for each committee or additional ad hoc committee meetings over the year), to further the Roundtable’s strategies and implementation activities. (3) Host meetings virtually via Zoom initially. Based on participant comfort level and willingness, transition to hosting in-person meetings in spring/summer 2021. (4) Plan to host 8 total meetings of the full Roundtable in 2021, recognizing that participation dropped off over the summer months and Roundtable members may not be interested in continuing a monthly meeting. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 PROPOSED DELIVERABLES AND OUTCOMES (1) Facilitate the Roundtable toward implementation of its Action Plan and related strategic initiatives that the Roundtable’s committees are spearheading. Facilitate the Roundtable toward successful completion of at least 4 strategic initiatives identified in the Action Plan. (2) Build capacity within the Roundtable to empower the group to operate more independently in future years in terms of meeting coordination, note taking, and other tasks. (3) Assist Roundtable in raising funds to support ongoing Roundtable operations independent of Eagle County. PROPOSED COST Task/Expense Rate & Detail Total Roundtable meeting facilitation, coordination and communication between meetings $55/hour; assuming 8 meetings that are up to 4 hours in length including preparation, as well as 2 hours per meeting to develop pre-meeting and post- meeting documentation, and 5 hours per meeting for communication and coordination $5,840 Committee facilitation and coordination $55/hour; assuming approx. 40 meetings/year that are approx. 2 hours in length, including 5 standing committees, ad hoc committees, etc. $4,400 Travel expenses, including mileage and meals $0.58/mile (government rate); $35.00 per diem for each trip; assuming 6 trips $1,108 NFF administration/program management 15% (office space, phones, financial management, etc.) $1,689 TOTAL $13,037 Contact: Emily Olsen Colorado Program Manager (720) 219-0682 eolsen@nationalforests.org DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 EXHIBIT B Eagle County Community Wildlife Roundtable Action Plan DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 1 Eagle County Community Wildlife Roundtable Action Plan December 2020 I. Purpose of this Plan The Eagle County Community Wildlife Roundtable Action Plan has been created to identify a shared vision and recommendations for action that the Eagle County Community Wildlife Roundtable (Roundtable) has agreed upon through a consensus- based process. The Roundtable hopes to use this Plan to rally the community around priority issues that will support wildlife in our area. The Roundtable intends to leverage diverse values, creativity, and resources to move toward positive action and long-term solutions for wildlife populations and communities in Eagle County. The purpose of this plan is to: 1. Articulate a collaborative vision for priority projects that the regional community, as represented by the Roundtable, hopes to achieve. 2. Prioritize and focus efforts in partnership with the White River National Forest, Colorado Parks and Wildlife, Bureau of Land Management, and local government entities. 3. Provide a critical path/action plan to advance and implement priority projects and initiatives. 4. Provide clear communication to partners and stakeholders, and potential funders regarding the Roundtable, our goals, and priorities. 5. Serve as a strategic document to leverage funds and resources. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 2 II. Community Wildlife Roundtable: Who We Are The purpose of the Eagle County Community Wildlife Roundtable is to gather a group of diverse stakeholders in the valley to understand and address issues facing wildlife populations. Together we will identify a shared vision and realistic actions to protect regional wildlife, while also ensuring that these actions are supported by the community as a whole. We want to leverage diverse values, creativity, and resources to move toward positive action and enduring solutions to the complex wildlife issues in Eagle County. The objectives of the Roundtable are to address and form consensus around key issues such as: I. A broad assessment of current habitat conditions and improvement efforts; II. A collective vision for Eagle County with respect to wildlife and this process; III. Public engagement and communication to support the collective vision; IV. Species, ecosystems, and communities to focus on for the project; V. Threats to identified species; VI. Aspects of wildlife management that can be improved; VII. Data gaps or research needs that would help inform recommendations; VIII. Actionable recommendations and implementation where possible; and IX. Identification of resources necessary to implement next steps. III. The Community Wildlife Roundtable’s Vision The vision of the Eagle County Community Wildlife Roundtable is that wildlife is thriving, our community embraces the value of a diverse wildlife population and takes action to protect and enhance wildlife and their habitat for future generations. IV. Policy Statement on Priority and Focus The Eagle County Community Wildlife Roundtable focuses on achieving and maintaining healthy populations of terrestrial and avian wildlife species, protecting wildlife from habitat fragmentation and other impacts, and enhancing important habitats such as breeding and reproduction areas, movement corridors, seasonal feeding areas, and riparian wetland areas. We also emphasize conservation, coexistence, and wildlife policies that steward, enhance and protect wildlife populations in ways that are scientifically sound and supported by the community as a whole. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 3 V. Opportunities for Synergy with Other Community Efforts Eagle County Safe Passages Plan The goal of Eagle County Safe Passages is to create a common vision that identifies and prioritizes important wildlife movement areas and highway crossing zones in Eagle County. The Community Wildlife Roundtable aims to incorporate and reference the Safe Passages Plan into its ongoing work, projects, and community outreach efforts. Eagle Valley Outdoor Stewardship Coalition The Eagle Valley Outdoor Stewardship Coalition formed in 2019 as a way to facilitate communication between land and trail managers and outdoor recreation organizations. The purpose of the coalition is to build relationships and partnerships for efficient management of public lands and outdoor recreation. Many members of the Coalition are also members of the Community Wildlife Roundtable and its Recreation Committee. The Roundtable envisions ongoing coordination and synergy between the Coalition and the Roundtable. Wildlife Trail Ambassador Program The Vail Valley Mountain Trails Alliance and its Adopt A Trail program launched the Wildlife Trail Ambassador program in 2018. In partnership with the White River National Forest, the Trail Ambassadors help enforce seasonal trail closures and educate visitors. The Community Wildlife Roundtable supports this program and is exploring new policies to build on the program’s success. Vail Sustainable Destination Certification Town of Vail partnered with Vail Resorts, White River National Forest, and Walking Mountains Science Center to become the first certified sustainable destination in the US certified by a Global Sustainable Tourism Council-Accredited certifying body. Under the “Mountain IDEAL” standard” Vail must maintain progress on over 50 criteria including: environmental stewardship (including wildlife habitat protection and biodiversity conservation), climate change adaptation, greenhouse gas reductions, cultural heritage protection, public health, community housing, sustainability education, and more. Eagle County Community Resilience Plan The Eagle County Community Resilience Plan is the foundation and framework for County Staff, the County’s organizational partners, and a diverse community of stakeholders to make critical decisions that address the County’s extensive range of climate change related risks well into the future. Since the start of 2019, the County has DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 4 undergone a rigorous planning process to understand, define, and develop strategies that address the risks of climate change. This planning process has been propelled by County staff and a technical advisory group composed of experts and representatives in diverse sectors from across the County and is intended to complement the work of the Eagle County Climate Action Plan (2016). Through two technical workshops, multiple surveys, and extensive research, a resilience strategy framework has been developed to support the integration of adaptation and resilience priorities into the County’s General Plan and directly informs the capital project budgeting process, ensuring that critical climate adaptation projects be funded in the near term. VI. Process Overview The Roundtable, established in February 2020, met on a monthly basis throughout the year to establish its priority initiatives and develop its Action Plan. Approximately 20-30 Roundtable members worked together as a full collaborative group and via six ongoing committees and several other ad-hoc committees to brainstorm, find consensus around, and begin operationalizing priority initiatives. More specifically, the Roundtable followed the Mutual Gains Approach, a negotiation framework, to reach consensus on priority initiatives and finalize the Action Plan: ● Preparation: The Roundtable prepared for the action planning process by assembling its stakeholders and committees, and by building an understanding of the current state of wildlife management efforts, wildlife-related policies, and wildlife habitat distribution in Eagle County. ● Value Creation: The Roundtable brainstormed and identified opportunities for new priority initiatives by hosting presentations, engaging in discussions, and working together as committees. Through this process, the committees each developed two to four priority initiatives which were then floated as options or packages to the full Roundtable to discover additional ideas and gain feedback. ● Value Distribution: In the fall of 2020, the Roundtable began to hone in on priority initiatives in committees and through drafting letters of support for related policies affecting Eagle County. Using a set of agreed upon criteria, the Roundtable developed consensus around each priority initiative as a full Roundtable. To achieve its goal of being dynamic and responsive, the Roundtable believes the priority initiatives will evolve over time. ● Follow Through: As part of the action planning process, the Roundtable discussed tradeoffs involved in each priority initiative. With the goal of making DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 5 each initiative operational, the Roundtable also developed specific next steps, and in some cases, began implementing the initiative before the end of the year. It’s very important to the Roundtable that the priority initiatives remain dynamic and flexible over time, and that the Roundtable continues to influence policy in a timely and relevant manner. As a result, the Roundtable emphasizes that the priority initiatives described in this Action Plan are only the initial set of priorities. The Roundtable and Committees expect these initiatives to evolve over time. The Roundtable strives to be a resource, tool, and trusted local body working in support of wildlife, agencies responsible for managing wildlife, and local government entities. VII. Overview of Priority Initiatives Below we describe each Priority Initiative formed by the committees. For each Priority Initiative, the Roundtable has outlined the following specifics: goal/outcomes, anticipated barriers, potential tradeoffs, lead person/entity, action steps & dates/milestones, potential funding sources, and roles of key partners. These Priority Initiatives, in conjunction with their specific areas listed above, comprise the Roundtable Action Plan. VIII. Priority Initiatives Overall Action Plan Timeline: September and October 2020 - Action Plan drafted, priority initiatives are approved by Roundtable members; draft is prepared for sharing following the October meeting November 2020 - Roundtable members share Action Plan with partners, boards, and leadership for discussion, feedback, and final changes January 2021 - Action Plan finalized during January meeting Priority Initiatives Committee: Education/Outreach and Human/Wildlife Management Committee Description: The Education/Outreach and Human/Wildlife Management Committee will engage the public in Eagle County wildlife issues through education and outreach. The committee’s outreach will be related to wildlife biology and management and the Roundtable’s efforts and other initiatives in Eagle County. The committee will also help decision-makers, including Colorado Parks and Wildlife (CPW), mitigate human/wildlife conflict through education and outreach, and serve as a voice for all wildlife. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 6 Education/Outreach and Human-Wildlife Management - Priority Initiative 1: Develop a seasonal calendar of wildlife initiatives and publish educational, objective content to help the community understand wildlife. Goal/Outcomes: Create a community resource for easily accessible information about wildlife, responsible recreation, and human/wildlife conflict that is objective and educational. The calendar would also serve as a pool of educational topics for each season, as a means of engaging and educating the public. Anticipated barriers: Deciding when/how to narrow topics for the best communication will be challenging. To address this problem, the Roundtable will create a “database” of potential topics, which can then be chosen at will for specific seasons, posting locations, and audiences. Potential trade-offs: We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: Outreach publications will be based around several key topics from the calendar each season. Full Roundtable approves a seasonal list of objective, educational topics for publication and provides any needed sideboards. Ex: Bear hyperphagia in fall (written, approved by Roundtable, published in Vail Daily September) Roles of Key Partners: One entity will need to be responsible for housing and maintaining the calendar. Walking Mountains Science Center will host until the Roundtable develops its own website. Education/Outreach and Human-Wildlife Management - Priority Initiative 2: Create a brand identity/communications strategy for the Roundtable Goal/Outcomes: Establish visibility for the Roundtable as a well regarded and well-known, balanced, collaborative entity in Eagle County. The group is respected and its published content is highly regarded. Logo, news publications, and Roundtable website will aid in this effort. The committee will also help to share data and results related to wildlife. Publications are objective and educational, and raise awareness of wildlife issues among the public. Anticipated barriers: The committee has made progress in establishing the Roundtable, but the committee acknowledges it is difficult to establish a new group within a community, and therefore this may take some time. The committee welcomes feedback on improvement. Potential trade-offs: We anticipate that we will better understand the tradeoffs as conversations move forward. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 7 Action Steps & Dates/Milestones: Publishing outreach articles based on Wildlife Calendar topics to the Vail Daily or other publications. Articles have been published monthly in the Vail Daily, a Roundtable logo and domain name have also been developed. Roles of Key Partners: Roundtable partner organizations can aid in publicizing the Roundtable through their own media platforms. Education/Outreach and Human-Wildlife Management - Priority Initiative 3: Assist CPW, BLM, and Forest Service with their current education efforts Goal/Outcomes: The Roundtable becomes a valuable resource for management agencies and can lighten the education/outreach lift for these entities AND/OR enhance the education/outreach. The Roundtable engages in collaborative learning to stay current on wildlife science, policy, project implementation, and other topics and potentially develops a prioritized list of internal and external learning needs with a calendar for annual speakers/presentations, potentially in partnership with the Town of Vail’s annual wildlife forum. Anticipated barriers: Coordinating with each agency could be complicated. The committee may need to “divide and conquer” with each agency, creating a representative Roundtable member to communicate with each agency. Potential trade-offs: Work could overlap with the agencies’ if communication was not efficient. We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: TBD Roles of Key Partners: Partners will need to communicate effectively and in a timely fashion to ensure relevant outreach strategies. Agency staff on the Roundtable will serve as essential communication between the Roundtable and the agencies. Committee: Habitat Management Committee Description: The Habitat Management Committee aims to assess, understand, identify, and improve wildlife habitat in the valley to ensure long term sustainability of wildlife populations. The committee will do this through providing recommendations on and support for enhancing habitat connectivity, improvements, and preservation, while being aware of plans or initiatives occurring on habitat areas. Habitat Management Committee - Priority Initiative 1: DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 8 Gather information on existing habitat management projects, wildlife habitat requirements, recreational infrastructure/trails, and proposed development Goal/Outcomes: Create a database (Google sheets) of all habitat management projects and agreements that are happening in/around Eagle County. Additionally, data will be collected on wildlife habitat required to sustain populations, existing trails, and the proposed development. Past project agreements and memorandums of understanding in the Eagle Valley since 1980 will also be included in order to lay the foundation and ensure social memory and commitments are not lost (link agreements and management plan to the map). Collecting the information is the first step to assessing possibilities for future habitat projects and mapping efforts. Anticipated barriers: Many projects exist, and this is a heavy lift for agency staff who have access to the projects. Non-agency Roundtable members are not able to assist with this easily. Potential trade-offs: We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: Database is created and being populated. The database will be finished by the end of October. Roles of Key Partners: Agency staff on the Roundtable are responsible for adding habitat management projects to the database Habitat Management Committee - Priority Initiative 2: Review existing habitat management projects and identify new opportunities (in conjunction with the map) Goal/Outcomes: Systematic analysis of existing habitat management projects overlayed with habitat requirements, existing trails and proposed developments will allow for the best decisions on potential habitat projects. This analysis will also identify opportunities for collaboration and communication with private landowners and adjacent counties. This will be done in conjunction with the map led by Eagle County. Anticipated barriers: Agencies have a lot of projects and data. Sifting through existing projects could be an extensive project and likely needs to be done by a designated individual(s). Map: needs to be a funded project. Potential trade-offs: We anticipate that we will better understand the tradeoffs as conversations move forward. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 9 Action Steps & Dates/Milestones: The first draft of the map is finished in mid- October. Roles of Key Partners: Eagle County GIS professionals will create the county- wide map. The county will hold and be responsible for the maintenance and publication of the map. Habitat Management Committee - Priority Initiative 3: Identify priority areas we should focus on protecting versus areas that are appropriate for development and recreation (after the habitat management project database and map are completed) Goal/Outcomes: Most efficiently protecting habitat while maximizing investment per habitat improvement project. Promote ecologically-focused land management strategies. Use scientific biodiversity assessment to inform habitat priority areas, knowledge and/or support Roundtable’s recommendations (in partnership with existing entities). Anticipated barriers: May require environmental or habitat assessments that require funding. Potential trade-offs: We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: The habitat project database is created and being populated. Map development is underway in mid-October. Roles of Key Partners: Agencies and County will have to collaborate on sharing information and identifying habitat areas and potential development areas. Committee: Land Use Planning Committee description: The Land Use Planning Committee aims to encourage conscientious land use decisions that minimize negative impacts to wildlife habitat in the valley through cooperative and creative problem solving. The committee intends to engage with decision makers on land use and development, and to be a voice for wildlife in land use planning. Land Use Planning Committee - Priority Initiative 1: Assess community values for wildlife and land use development via a survey of Eagle County citizens Goal/Outcomes: Have actual data on how the community values wildlife and habitat. This can be used to support any initiatives or comments that the DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 10 Roundtable produces, and adds credibility to the Roundtable. The survey results may also be helpful to Eagle County. Anticipated barriers: While it may be expensive to fund a professional survey, there is value in having a statistically valid survey to refer to. Must ensure that the survey is capturing the representative population of Eagle County. Potential trade-offs: The Roundtable could run an informal survey for free, but this would have less credibility and less of an effect on decision-makers. We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: Eagle County is offering to host 3-4 questions about wildlife values in the Eagle County Community Survey in 2020. This will inform questions for a larger, independent survey that the Roundtable can produce in 2021. Roles of Key Partners: TBD Land Use Planning Committee - Priority Initiative 2: Inform land use regulations and planning to be consistent with the goals of wildlife interests and management Goal/Outcomes: Roundtable has a role of informing land-use decisions as a resource and sounding board for decision-makers and can be the “voice for wildlife,” ensuring better land-use decisions for wildlife. Pursue the Roundtable’s role as a referral entity at the County and local jurisdiction levels. Anticipated barriers: Must act quickly when there are opportunities to comment on land use regulations/planning changes. The roundtable must be an established and credible group before it could be a partner on land use decisions. Potential trade-offs: Comments on land use regulations and planning might not be accepted. We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: Planned commenting on the Eagle County Land Use Rewrite happening Sept 2020 - Jan 2022. The roundtable will be active in the public commenting periods, especially during Modules 2 and 3. The Roundtable will develop an internal process to make referral responses. Develop process guides for decision makers and stakeholders to develop mitigation plans to minimize impacts on wildlife. Roles of Key Partners: County staff members and TAC members will serve as critical communication between the Roundtable and the ECLUR. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 11 Committee: Recreation Committee Description: The Recreation Committee’s goal is to develop best practices for balancing recreation with wildlife habitat protection. The committee will achieve this by focusing on where and how citizens are recreating, education initiatives, and focusing on both consumptive and non-consumptive recreation. Recreation Committee - Priority Initiative 1: In coordination with the Habitat Management and Land Use Committees, develop an Eagle County-wide, interactive map displaying wildlife habitat, recreational infrastructure, and land use development. Goal/Outcomes: Use the map to inform ongoing and future habitat management, recreation, and land use development efforts. Create a useful tool for local government, state, and federal agencies, as well as nonprofit partners, to use as they identify and prioritize projects. Anticipated barriers: Anticipated barriers include collecting available data, creating a map that’s easy to use and navigate without being overly “busy” and cumbersome, and continuing to update the map over time as land use, recreation, and wildlife habitat changes. Potential trade-offs: We anticipate that we will better understand the tradeoffs as conversations move forward. Action Steps & Dates/Milestones: Recreation Committee is currently collecting and organizing data and sources. The initial draft of the map to be completed by (December 2020?). Mapping is underway in mid-October. Roles of Key Partners: County GIS professionals will create the county-wide map. The county will hold and be responsible for the maintenance and publication of the map. The Recreation, Land Use, and Habitat Management Committees are helping to collect and organize data. Recreation Committee - Priority Initiative 2: Develop a multi-agency Memorandum of Understanding (MOU) or other agreement to increase coordination related to enforcement of wildlife violations. Goal/Outcomes: With limited agency staffing, the Committee believes that an innovative multi-agency agreement could help increase the capacity to effectively enforce wildlife closures and other violations. Coordinated or co-enforcement would aid in wildlife management, and the public’s ability to assist the agencies. DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 12 Currently, the system is divided by jurisdictions and can be time-consuming and difficult for the agencies to manage and for the public to understand. Our vision is to create a scenario where, for example, a CPW manager could cite a violation occurring on National Forest System lands, or a BLM manager could better assist someone calling to report something occurring on CPW lands. Anticipated barriers: The envisioned agreement would be innovative and unique, so there isn’t necessarily a playbook to follow. The agreement would also require intensive coordination between agencies and agency leadership to establish. This is envisioned as a long-term policy effort because of the steps needed to make it happen. Potential trade-offs: While the MOU should have significant agency and public support, we have learned from previous examples that MOUs need to be flexible, adaptive, and have significant buy-in to remain relevant over time. The flexibility and adaptability could be viewed as a tradeoff for establishing more certainty/predictability up front. Action Steps & Dates/Milestones: Recreation Committee members are engaged in conversations in September 2020. Based on the outcomes of these conversations, the Committee has proposed to convene a meeting with local law enforcement personnel and agencies to (1) better understand how wildlife-related enforcement currently works across all agencies by creating a flowchart and (2) discussing what each agency would need and what each agency would be able to provide in order to increase coordination. Recreation Committee - Priority Initiative 3: Develop an innovative funding mechanism to support wildlife conservation, habitat enhancement and recreation in Eagle County Goal/Outcomes: Federal and state budgets to support wildlife conservation, habitat enhancement and recreation are limited. At the same time, the need to protect and preserve wildlife and habitat is greater than ever. At the same time, recreation-related use and visitation is at an alltime high, which impacts recreation infrastructure and outdoor experiences across public and conserved lands. Our goal through this priority initiative is to develop an innovative funding mechanism to support these needs, either through a local ballot measure, local tax or fee structure, or other new program in Eagle County. Anticipated barriers: Anticipated barriers include building broad-based support from diverse stakeholders and the public in Eagle County for any new fee structure. This approach has been discussed at the state level, and we hope that a County-level scale might aid in overcoming barriers. As with any new funding program, determining the details - who collects funds, how they are invested, and where - will also take collaborative, creative work. Potential trade-offs: To develop this type of program, the Roundtable and Community would have to determine that wildlife conservation, habitat DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 13 enhancement, and recreation projects are worthy of prioritizing and funding. This could mean deprioritizing or investing less in other community priorities. Action Steps & Dates/Milestones: The Roundtable anticipates developing a community survey instrument in 2021, which should help inform the approach to developing this program. Roles of Key Partners: TBD Appendix A. Community Wildlife Roundtable Stakeholders Interest First Name Last Name Affiliation Local Government - Town of Vail Kristen Bertuglia Town of Vail Local Government - Town of Avon Charise Bishop Town of Avon Land & Wildlife Management - Federal Hilary Boyd Bureau of Land Management Philanthropy Tom Boyd Vail Valley Foundation Ski Resorts Fritz Bratschie Vail Resorts DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 14 Land & Wildlife Management - State Darren Chacon Colorado Parks and Wildlife Land & Wildlife Management - State Devin Duval Colorado Parks and Wildlife Citizen at Large Anne Esson Shared seat with Blondie Vucich Agriculture Chris Estes Soil Conservation District/Gypsum Business/Land Development Eric Eves Red Mountain Development Group Agriculture/Landowner Chris Fedrizzi Eagle Valley Land Trust Board of Directors Education/Sustainability Markian Feduschak Walking Mountains Science Center Land & Wildlife Management - Federal Scott Fitzwilliams USDA Forest Service, White River NF Land Trust Jessica Foulis Eagle Valley Land Trust Landowner Loyd Gerard Land & Wildlife Management - Federal Marcia Gilles USDA Forest Service, White River NF Land & Wildlife Management - Federal Natasha Goedert White River National Forest Local Government - Town of Avon Eric Heil Town of Avon DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 15 Local Government - Eagle County Katherine King Eagle County Open Space Local Government - Town of Vail Kim Langmaid Town of Vail Transportation Cinnamon Levi-Flinn Colorado Department of Transportation Watershed Health Holly Loff Eagle River Watershed Council Sportsmen and Women / Wildlife Ray Long Rocky Mountain Elk Foundation Agriculture Pat Luark Ranch owner, Burns Land & Wildlife Management - State Julie Mao Colorado Parks and Wildlife Citizen at Large Jacci McKenna Shared seat with Rick Spitzer Local Government - Town of Minturn Michelle Metteer Town of Minturn Recreation / Equestrians Kathryn Middleton Mountain Valley Horse Rescue Local Government - Eagle County Maureen Mulcahy Eagle County Anglers / Aquatics Nick Noesen Trout Unlimited Recreation Joe O'Malley Rocky Mountain Sports Riders DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 16 Local Government - Eagle County Adam Palmer Eagle County Local Government - Town of Avon Matt Pielsticker Town of Avon Appendix B. Committee Members Education/Outreach and Human/Wildlife Management Committee ● Devin Duval ● Anne Esson ● Markian Feduschak ● Jacci McKenna ● Kathryn Middleton ● Ernest Seager ● Rick Spitzer ● Peter Suneson ● Jen Prusse ● Tom Boyd Land Use Planning Committee ● Devin Duval ● Jessica Foulis ● Cinnamon Levi-Flinn ● Maureen Mulcahy ● Rick Pylman ● Kristen Bertuglia ● Kim Langmaid Recreation Committee ● Devin Duval ● Marcia Gilles ● Ernest Seager ● Peter Suneson ● Katherine King Habitat Management Committee ● Kristen Bertuglia DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 17 ● Devin Duval ● Kim Langmaid ● Cinnamon Levi-Flinn ● Jacci McKenna ● Maureen Mulcahy ● Adam Palmer ● Will Roush ● Ernest Seager ● Hilary Boyd ● Jen Prusse DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 Exhibit C INSURANCE CERTIFICATE DocuSign Envelope ID: AC885844-2273-48C0-A1D5-63024ED2E7C3 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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