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HomeMy WebLinkAboutC04-082 IGA I70 CoalitionJe Jn*1'V- INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION THIS INTERGOVERNi1!1ENTAL AGREEMENT.("Agreement") is made and entered into. on January 20, 2004 byand between several counties .and towns in the, 1-70 mountain corridor. WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non -statutory coalition of governments along the Interstate 70 central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current needs and to plan for the future -for the improvement of transportation; and WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and improved as possible, -be as safe as possible, and to ve a plan in place that will address the transportation needs in the corridor for the neohfly yea s,S and WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a transportation plan that minimizes detrimental environmental impacts and preserves the unique local character of the counties and towns in the corridor; and WHEREAS, the counties and towns agree that there is a very serious vehicle capacity issue in the corridor and we also agree that the current planning process is not addressing the problem or solutions appropriately; and WHEREAS, it is as a result of the Interstate 70 Programmatic Environmental Impact Study that our purpose becomes apparent in that this project currently does not reflect the needs, desires nor the values of the communities along the corridor; and WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities are not being taken into consideration in this process; and WHEREAS, at the present time, the corridor counties and towns do not agree with the current recommendations that are being presented and feel that this agreement is important to press our issues with the Colorado Department of Transportation (CDOT); and WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as, but not limited to, the counties and towns that are listed as participants and or potential participants to this agreement; and WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to promote the health, safety and welfare; and WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in the coalition as more fully set forth herein. lqmwf NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: A. COALITION PURPOSES: The general purposes of the Coalition are 1. To prepare locally preferred alternative transportation plans for the corridor that could be presented to the Colorado Department of Transportation. 2. To: determine the locally preferred alternatives to meet the wants and needs of our local communities to better serve them in their transportation needs. 3. To attempt to influence the Colorado. Department of Transportation, the Colorado State Legislature, the Federal Highway Administration, the United States Congress and other Federal and State entities having jurisdiction over the planning, implementation or operation of corridor transportation projects to provide resources to build locally preferred alternatives to meet the. transportation goals of the corridor. 4. To apply for grants and other funding, through sponsorship of a member agency, from Colorado, Federal and other sources to do planning and research on methods to build locally preferred alternatives to improve transportation in the corridor. 5. To study the feasibility of becoming an integrated Colorado Department of Transportation Commissioner District, Engineering District and Planning District and to be removed from the very poorly designed current system that does a very poor job of representing locally preferred alternatives. B. GOVERNANCE: 1. VOTING MEMBERS: Each signatory member to thus agreement shall have one vote. 2. COALITION BOARD: The Coalition Board .shall be comprised of all signatory members. 3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee consisting of one member from each member county .The member could be from the member county or one of the towns in the member county in the coalition. 4. DUES,AD[A EXPENSES: Each member would pay their own costs of participating and there would .'ot be any d'uti. H a special project were approved by the Coalition Board then those ex en swaultbe _.� from a fund collected from the members for that specific purpose. Failure p 'special P to participate in a special assessment would terminate membership in the Coalition. 5. STAFF: There will be no staff except those contracted for a specific short-term purpose. C. COALITION BOARD DUTIES AND OBLIGATIONS: 1. Establish a quarterly meeting schedule. 2. Establish bylaws and rules of conduct for the Coalition. 3. Define and prioritize the Coalition projects to be undertaken by the .Executive Committee. 4. Appoint the Executive Committee from nominations made by the members. 5. Approve locally preferred alternatives and action plans prepared by the Executive Committee. ` • 6. Adopt an annual coalition budget for projects in the upcoming year. 7. Determine the formula for calculating the fee structure and payment period(s) that will determine each member's contribution to the coalition. D. EXECUTIVE COMMITTEE DUTIES: 1. Establish a monthly meeting schedule. 2. Advance the purposes of the Coalition and complete the projects prioritized by the Coalition Board. 3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative summary of the Executive Committee activities. 4. Recommend an annual budget for projects reasonably necessary for the upcoming year for the Coalition Board approval. 5. Collect and deposit all member payment contributions to the coalition in the Coalition Fund. E. MEMBER OBLIGATIONS: 1. Appoint a representative to the Coalition Board and to participate in meetings on a regular basis. 2. Pay any annually assessed member contributions by the date determined by the Coalition Board and noted on an invoice. Payments shall be submitted to: INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION. All such invoices shall provide members a reasonable time to make such payments 3. Hold harmless the Coalition Board, its members, its officers, employees, and agents. F. TERYRNATION: 1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default. Within thirty (30) days following receipt of such notice the defaulting party shall correct such default, or in the event of a default not capable bf being 1 corrected within thirty (30) days of receipt of notification thereof and thereafter correct the default with due diligence. If the defaulting party fails. to correct the default as provided above, the Coalition, without further notice, shall have the right to declare that this Agreement.is terminated, in so far as, it concerns the defaulting .member, effective upon such as the Coalition shall designate and the non defaulting member shall have the right to recover such damages as it shall be entitled to by law. The rights and remedies provided for herein may be exercised singly or combination. 2. NOT FOR CAUSE. A member may terminate its participation in this Agreements for any reason by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety (90) days prior to the thirty first stay of December of the year in which the notice is given. Such termination shall become effective upon the first day of January of the year succeeding the date on which the notice is given. Other than as permitted in -paragraph F.1. above, no member shall be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance will any portion of the withdrawing- agency's contribution to the Coalition be returned or prorated due to withdrawal. G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a waiver of those rights. H. TERWRENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of . the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the membees governmental body in an amount sufficient to allow the member to perform its obligations hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non -appropriating member without penalty, provided the member furnished the Coalition written notice ninety (90) days prior to -the date of non -appropriation if possible. Such termination shall become *effective upon the first day of January for the year that the non -appropriation operates. No member shall be permitted to withdraw from this agreement prior to the end of the year due to the non -appropriation of funds for the following -year; and in no circumstance will any portion of the withdrawing member's contribution to the Coalition be returned or pro -rated due to withdrawal. The membees obligations hereunder shall not constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado. I. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to Interstate 70 Central Mountain Transportation Corridor Coalition. J. MODIFICATION:. This Agreement may be modified or amended only by instrument duly authorized and executed by the parties hereto. K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against any party because of any term contained in the Agreement. M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application thereof shall not in any way be affected or impaired thereby. N. APPLICABLE LAW: At all times during the performance of this Agreement, the Parties shall strictly adhere to all applicable federal, state, and local laws, rules -and . regulations that have been or may hereafter be established, and all work performed under this Agreement shall comply with Federal, State and local laws, rules and regulations. In accordance with Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been approved by the Boards of County Commissioners, Town Councils, and other authorities having the power to so approve. IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first written above. EAGLE COUNTY BOARD OF COUNTY CONMSSIONERS BY AND THROUGH IT'S CHAIRMAN c� °o Attest: By: K Tom C. Stone, Chairman Teak J. Simont n, Clerk to the ' R- c" Board of County Commissioners Jurisdiction: Attest: By: By: Its: Its: Date: Jurisdiction: Attest: By: By: Its: Its: Date: Jurisdiction: Attest: By: By: Its: Its• Date• Jurisdiction: Attest: By: By: Its: Its: Date: Jurisdiction: Attest: By: By: Its: Its: Date: Jurisdiction: Attest: By: By: Its: Its: Date: DgS7f'RIBU7fi0 ® a als to: 1. Contract Book 2. .3. 4, ` 1, Accounting 2. 3 4.