4. Interlocal Agreement - Sam Bibler Memorial TrailREPORT TO: Honorable Mayor and City Council
FROM: Mike Baker, Director, Parks and Recreation
Interim City Manager
SUBJECT: Woodland Trail Connection — Sam Bibler Memorial Trail
MEETING DATE: July 20, 2009
BACKGROUND: Flathead County is currently_ working with the State of Montana on a
CTEP project to build the Sam Bibler Memorial Trail in the right-of-way along Willow Glen
Drive. It is anticipated that the trail will be paid for with CTEP funds and matches provided for
by the local sponsors and the City of Kalispell.
The proposed Interlocal Agreement between the City of Kalispell and Flathead County refers to
the construction and maintenance of the pedestrian/bicycle trail along Willow Glen. The trail
length is approximately 1 mile, extending between the city's Woodland Trail intersection south
along Willow Glen to FFA Drive.
Upon researching trail alignment along Willow Glen, the county discovered the city has current
ownership of 48% of the proposed trail. The county contacted the parks department to discuss
the possibility of participating in the development of the Sam Bibler trail. The county has
offered to design and construct to city standards, the trail from Woodland intersection to FFA
Drive. The county would use their federal CTEP allocations of 86% to accomplish this. The
local match (13%) would be a combination of sponsor's contributions and earmarked developer
funds. The city developer funds are banked from projects at The Willows, Leisure Heights, and
Toyota. The city developer funds are capped at $10,000 with the sponsorship contributions to be
utilized first. The city will inherit maintenance of this section of trail after the construction.
RECOMMENDATION: It is our recommendation to enter into an agreement with Flathead
County to participate in the construction process and ultimate maintenance of the identified
section of the Sam Bibler Trail.
FISCAL EFFECTS: Flathead County is expending its federal allocation (85%) to design and
construct the proposed trail, estimated at $210,000. Local sponsors would contribute an
estimated $20,000, and city share not to exceed the accumulated funds of $10,000.
ALTERNATIVES: As suggested by the City Council.
Respectively submitted,
ilce Myrt Aebb
irecto , Parks and Recreation Interim City Manager
3061" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719
www.kalispell.com
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF KALISPELL AND FLATHEAD COUNTY
SAM BIBLER MEMORIAL TRAIL
THIS Interlocal Agreement is made and entered into, pursuant to Section 7-11-101, et
seq., M.C.A., between the City of Kalispell, hereinafter referred to as "the City", and Flathead
County, hereinafter referred to as "the County," effective on the _ day of
2009.
WHEREAS, the County is currently working with the State of Montana on a CTEP
project to build the Sam Bibler Memorial Trail in the right-of-way along Willow Glen Drive
generally situated between the intersection of City's Woodland Trail and FFA Drive; and
WHEREAS, there are no existing pedestrian sidewalk or pathway facilities along Willow
Glen Drive creating a public health and safety concern for children, pedestrians, bicyclists and
other non -motorized vehicle traffic; and
WHEREAS approximately forty-eight (48) percent of the trail alignment; when -
completed, will be inside the City of Kalispell Right -Of -Way while the remaining fifty-two (52)
percent will, at least initially, remain outside the City; and
WHEREAS, the City and County recognize the mutual public benefits of constructing a
trail along Willow Glen Drive; and
WHEREAS, the City also supports the development of the Sam Bibler Memorial Trail
project which will serve both County and City residents.
NOW, THEREFORE, THE CITY AND THE COUNTY MUTUALLY AGREE AS
FOLLOWS:
1. Term. This Agreement shall be effective until either i) the Sam Bibler Memorial Trail
project is abandoned by the State and the County or ii) until the construction of the project is
completed. The City shall become responsible for maintenance of the Sam Bibler Memorial Trail
at such time as construction is completed and in that event, this maintenance provision will
continue in effect after this Agreement expires.
2. Separate Legal Entity. No separate legal entity will be created by this Agreement.
3. Purpose. The purpose of this Agreement is to set forth the responsibilities of the City
and the County with respect to a current project to build the Sam Bibler Memorial Trail on a
portion of Willow Glen Drive.
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City Responsibilities:
a. Coordinate with the County and the engineer/consultant in the review of engineering/
design, bid construction and other documents involving the pre -engineering, engineering and
construction of the trail;
b. Provide up to $10,000 toward the local match required by CTEP and facilitate the
remaining portion with the local trail sponsors;
c. Provide principal project management during preliminary design and construction
engineering of the trail; activities;
d. Upon completion assume ownership and long term maintenance of the trail.
County Responsibilities:
a. With the assistance of the City, facilitate the remaining local match portion with the
trail sponsors;
b. Coordinate with the City and the engineer/consultant in review of engineering/design,
bid construction and other documents involving the pre -engineering, engineering and
construction of the trail;
c. Facilitate the engineering/design contract approvals with the County Commission;
d. Provide applicable environmental documentation;
e. Provide the CTEP funding to construct the trail project as engineered and bid;
f. Provide principal project management during preliminary design and construction
engineering of the trail;
g. Provide construction bid and contract management services;
h. Provide consultant/contractor invoice billing services and project close-out;
i. Provide liaison with the State of Montana CTEP staff regarding all project activities.
j. Each spring sweep trail at least once to remove sand and other material deposited from
melted winter snow if needed.
4. Finances. The County is currently working with the State of Montana on a CTEP
project to build the Sam Bibler Memorial Trail in the right-of-way along Willow Glen Drive. It
is anticipated that the Trail will be paid for with CTEP funds and matches provided for by the
City and local sponsors.
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5. Termination. As this Agreement will be effective only until the Sam Bibler Memorial
Trail is completed or is abandoned by the State and the County, neither a method of termination
nor a method of disposing of property is necessary.
6. Administrator or Board. No administrator or board is to be created by this Agreement.
7. Property Acquisition. No real or personal property will be acquired or used in the joint
undertaking set forth in this Agreement. The Sam Bibler Memorial Trail will be built on existing
City Rights -Of -Way and County easements.
8. Retirement Contributions. Each party is responsible for payment of retirement system
contributions to its employees who work on the project.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF KALISPELL
By:
Myrt Webb, Interim City Manager
City of Kalispell
Date of Signature
ATTEST:
City Clerk
Theresa White
STATE OF MONTANA )
) ss:
County of Flathead )
FLATHEAD COUNTY
Dale W. Lauman, Chairman
Flathead County Commissioners
Date of Signature
ATTEST
Paula Robinson, Clerk and Recorder
Deputy
ON THIS _ day of 2009, before me the undersigned, a Notary Public for the
State of Montana, personally appeared Dale W. Lauman, Chairman, Board of Flathead County
Commissioners, and Diana Kile, Deputy Clerk and Recorder, known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same.
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Printed name: Debbie L. Boreson
(SEAL) Notary Public for the State of Montana
Residing at: Kalispell
My Commission Expires: July 16, 2009
STATE OF MONTANA )
) ss:
County of Flathead )
ON THIS _ day of , 2009, before me the undersigned, a Notary Public for the
State of Montana, personally appeared Myrt W. Webb, Interim City Manager, and Theresa
White, City Clerk, known to me to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
Printed name:
(SEAL) Notary Public for the State of Montana
Residing at:
My Commission Expires:
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COPYRIGHT
125 Schoolhouse Loop
Kalispell MT 59901
Phone: 066) 52-23916
Fax: (406)752-2391
O MORRISON-MAIERLE. INC., 2009
DRAWN BY: JJC
CHK'D. BY: GILL
KALISPELL
APPR. BY: GILL
DATE: 06/2009
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