01-20-2004 INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITIONINTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70
CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
on January 20, 2004 by and 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 have a plan in place that will address the
transportation needs in the corridor for the next fifty years; and
WHEREAS, significant local input is'essential to formulate locally preferred alternatives for inclusion in a
transportation plan that minimizes and balances detrimental environmental impacts, preservation of the
unique local character of the counties and towns in the corridor; and provides for the effective flow of
ever increasing traffic volumes, and
WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities
need to be continually brought forward as part of this process; 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.
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 and pro's and con's of becoming an integrated Colorado Department of
Transportation Commissioner District, Engineering District and Planning District.
B. GOVERNANCE:
1. VOTING MEMBERS: Each signatory member to this 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 AND EXPENSES: Each member would pay their own costs of participating and there
would not be any dues. If a special project were approved by the Coalition Board then the Board
by separate agreement will develop a funding formula for paying the expense of the project. Any
member opting to not participate in the funding formula 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 funding of projects.
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.
E. MEMBER OBLIGATIONS:
1. Appoint a representative to the Coalition Board and to participate in meetings on a regular
basis.
2. Hold harmless the Coalition Board, its members, its officers, employees, and agents.
F. TERMINATION:
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 of being 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 Agreement 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 day 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. TERM/RENEWAL: 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
member's 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 member's 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.
1. 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.
0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: 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.
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Date: c ~P c,l ` 13 acp~
Signature
Jurisdiction
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C O L O R A D O
TOM cfAwn
P.O. Bmc975
400 Bff d7 ark Road
Awn, Cdaado 81620
970-7484005
Office of the Town Manager
To: Honorable Mayor and Town Council
From: Larry Brooks, Town Manager
Date: April 7, 2004
Regarding: 1-70 Central Mountain Corridor Coalition
Attached you will find an intergovernmental agreement to establish a coalition. The goal of
the grass roots effort is to develop a united and broad based voice of concern for the lack of
adequate funding for the Interstate 70 corridor in central Colorado. This effort has been
initiated by those among us who are becoming increasingly concerned about this issue, and
the consequences to our regional and state economy if it does not receive the priority-base
attention it must have.
Recent history in the state has seen multi-jurisdictional efforts to address the future of the I-
70 corridor fail. Those have included CARTS and CIFGA coalitions, who have since
dissolved. A number of our neighbors along the corridor, including Summit County,
Breckenridge, Silverthorne, Dillon, Clear Creek County and Eagle County to name only a
few governmental entities that I can remember; have already signed the agreement. It is my
recommendation that the council take a similar action. We understand that some districts
and private entities may also be interested.
I would also suggest that if you approve this agreement, that you appoint an elected official
to represent the Town's position. This is also a group in which I should be involved as a
regular attendee or as an alternate.
INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70
CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
on January 20, 2004 by and 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 have a plan in place that will address the
transportation needs in the corridor for the next fifty years; and
WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a
transportation plan that minimizes and balances detrimental environmental impacts, preservation of the
unique local character of the counties and towns in the corridor; and provides for the effective flow of
ever increasing traffic volumes, and
WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities
need to be continually brought forward as part of this process; 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.
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 and pro's and con's of becoming an integrated Colorado Department of
Transportation Commissioner District, Engineering District and Planning District.
B. GOVERNANCE:
1. VOTING MEMBERS: Each signatory member to this 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 AND EXPENSES: Each member would pay their own costs of participating and there
would not be any dues. If a special project were approved by the Coalition Board then the Board
by separate agreement will develop a funding formula for paying the expense of the project. Any
member opting to not participate in the funding formula 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 funding of projects.
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.
E. MEMBER OBLIGATIONS:
1. Appoint a representative to the Coalition Board and to participate in meetings on a regular
basis.
2. Hold harmless the Coalition Board, its members, its officers, employees, and agents.
F. TERMINATION:
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 of being 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 Agreement 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 day 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. TERM/RENEWAL: 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
member's 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 member's 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.
1. 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.
0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: 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.
Si nature
Date: c, Pb-L 13 , a 4
Signature
Jurisdiction
Jurisdiction
Date: