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HomeMy WebLinkAboutC07-124 CDOTMemorandum of Understanding Between the Colorado Department of Transportation And Eagle County This Memorandum of Understanding (MOU), made this .. day of G 2007, by and between THE COLORADO DEPARTMENT OF TRANSPORTATIO ` ("CDOT"), and EAGLE COUNTY ("Eagle County") memorializes the arrangement and responsibilities between the two entities identified above as it pertains to sharing statewide traveler information. Recitals: 1 CDOT desires to provide reliable, accurate and timely statewide traveler information so that transportation users are able to make decisions that enhance and improve their choice of travel, mode, route and time, thereby resulting in a more productive, efficient and safe transportation system. CDOT believes, and studies have demonstrated, that travelers utilizing traveler information can benefit by avoiding traffic problems, saving time by reducing delay and improving travel reliability, reducing travel frustration, reducing crash rates and reducing fuel consumption. CDOT also desires to partner with private parties in order to develop and enhance traveler information sharing capabilities. 2. Eagle County desires to receive electronic road closure and restriction information for the I-70 Mountain Corridor in order to quickly pass this information along on the County's text message alerting system. NOW THEREFORE the Parties hereby agree as follows: A. Colorado Department of Transportation Responsibilities: CDOT will make available data that is disseminated on the cotrip.org web site to Eagle County in a XML format HTTPS protocol, provided that it does not negatively impact the cotrip.org web servers or require any additional equipment and/or software. B. Eagle County Responsibilities: Eagle County will pull the information from the cotrip.org web site on a reasonably timed interval of about every two to three minutes, but shall not pull information on intervals of more than every two minutes. Eagle County, as a courtesy to CDOT, will in either news copy or on-screen logo credit CDOT regarding data received from CDOT and include a web link to the cotrip web site. C. Disputes: Should disputes or disagreements occur of any matter relating to the Responsibilities identified in this MOU, both CDOT and Eagle County shall collaborate to resolve the dispute. If the persons identified in H. Contacts cannot achieve the resolution within a thirty (30) day period, the matter shall be submitted jointly to Eagle County's Emergency Manager and CDOT's Executive Director for final resolution of the dispute. If Eagle County's Emergency Manager and CDOT's Executive Director are unable to resolve the dispute, this MOU will be terminated in accordance with the terms and conditions identified in I. Termination of MOU. D. Compensation: Both CDOT and Eagle County acknowledge and agree that neither is liable to the other for any costs or fees hereunder. Further, neither party to this MOU shall be required to pay any compensation to the other party for any services rendered hereunder. The total encumbrance for this MOU is zero dollars. Nothing in this Memorandum of Understanding Colorado Department of Transportation Eagle County MOU shall be construed to place the personnel of any party under the control or employment of another party. Nothing in this MOU is intended to create or grant to any third party or person any right or claim for damages, or the right to bring or maintain any action at law. E. Expenditures and Fees: The parties to this MOU agree that for the purpose of this MOU is to jointly accomplish activities that could be performed separately by each party. Accordingly, it is understood that any fee contributed or paid, or otherwise provided by any party to this MOU to the other party to this MOU are and remain an expenditure of the contributing, paying, or otherwise providing party, and are not revenue or expenditures of the receiving party. Neither party is obligated to reimburse the other party for any portion of any such fee contributed or paid or otherwise provided. F. Fiscal Information: By this MOU, neither party incurs a direct financial obligation such that applicable law requires funds to actually be encumbered by the MOU therefor. Rather, sufficient funds for any financial obligations that indirectly result from this MOU shall be encumbered by parties under separate, subsequent, third -party agreements, through which the equipment and services described herein will actually be provided. Financial obligations of the State of Colorado payable after the current year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. G. Terms of MOU: The term of this MOU shall be from the date of full execution by the Executive Director of the Colorado Department of Transportation, or his Designee, for a period of five years. The parties will execute a new MOU at the expiration of this five-year term if the parties so desire. H. Contacts: For CDOT: Ken DePinto, PE 425 C Corporate Circle Golden, CO 80401 303-512-5858 ken.depinto @ dot. state.coms For Eagle County: Barry Smith, Emergency Manager P.O. Box 850 Eagle, CO 81631 970-328-3545 barry.smith@ea lei county.us I. Termination of MOU: If either party shall fail to fulfill, in a timely and proper manner, its material obligations under this MOU, or if either party determines that the purposes of the MOU would no longer be served by completion of the work as identified under each party's Responsibilities, either party shall have the right to terminate this MOU by giving written notice of such termination, at least thirty (30) days before the effective date of such termination. J. Local Concern: The parties agree and acknowledge that the activities contained in this MOU are matters of local concern only, and that nothing in this MOU shall make or be construed as making any of local concerns covered herein matters of mixed concern or statewide concern.